Summary of legislation

The Act sets out the four purposes of the curriculum in law. It also sets out the following mandatory elements which, with the exception of English, span the 3 to 16 learning continuum:

• the cross-curricular skills of literacy, numeracy and digital competence

• the names of the areas of learning and experience (Areas)

• relationships and sexuality education (RSE)

• religion, values and ethics (RVE)

• Welsh

• English, from age 7. Headteachers and providers of funded non-maintained nursery education have discretion over whether and to what extent they introduce English to learners between the ages of 3 and 7. This is to facilitate Welsh language immersion in the early years. Therefore, the expectation is that English medium and bilingual schools will continue to include English in their curricula

The Act requires that the Welsh Ministers issue three Codes that must form the basis of curriculum and assessment arrangements in every school and setting subject to the Act. The Act also requires Welsh Ministers to keep the Codes under review and as necessary develop updates. The Codes are:

• the statements of what matters Code

• the progression Code

• the relationships and sexuality education Code

The Act places a duty on the Welsh Ministers to make provision in relation to assessment arrangements. Regulations require headteachers and other providers to make and implement assessment arrangements as part of their curriculum design and development and to review and revise assessment arrangements as part of self-reflection and curriculum improvement processes.

Linked to this, under section 57 of the Act, the Welsh Ministers have directed head teachers and governing bodies and other education providers to put arrangements in place to support on-going professional dialogue between practitioners to develop and maintain a shared understanding of progression. The direction relating to developing and maintaining a shared understanding of progression is available and supporting guidance can be found in the supporting learner progression section of this guidance.

The headteacher must ensure a curriculum is designed for learning and teaching for all registered learners at the school aged 3 to 16. The curriculum must:

• enable learners to develop in the ways described in the four purposes

• be suitable for learners of differing ages, abilities and aptitudes

• be broad and balanced

• make provision for learning and teaching that encompasses each of the Areas, including the mandatory elements. A curriculum only does this if it incorporates all the statements of what matters

• make provision to develop the mandatory cross-curricular skills

• provide for learning and teaching that accords with the RSE Code and is developmentally appropriate for their learners

• provide learners in year 1 and above with the learning and teaching of RVE that accords with curriculum design requirements

• provide those learners moving from year 9 into year 10 with a choice of learning within each Area in line with the requirements of this Framework guidance

• provide for appropriate progression which must be in accordance with the principles of progression set out in the Progression Code and have regard to this Framework guidance. The assessment arrangements must be informed by those principles of progression

• be informed by the development and maintenance of a shared understanding of progression in line with the Minister’s Direction under section 57 of the Act

• make ongoing assessments arrangements to support learner progression throughout the school year

• make arrangements for assessing the ability and aptitude of learners in respect of the relevant curriculum, on entry to a school or setting, to identify the next steps in their progression and the learning and teaching needed to support that progress

The headteacher and governing body must jointly adopt their curriculum and assessment arrangements, including on entry assessment arrangements and publish a summary of it. It is recommended that agreement between the headteacher and governing body be part of a governing body meeting and so be recorded in the minutes for that meeting.

Schools must ensure the adopted curriculum is implemented in a way that:

• enables each learner to develop in the ways described in the four purposes

• secures learning and teaching that offers appropriate progression for each learner, which is informed by the principles of progression under each Area

• is suitable for each learner’s age, ability and aptitude

• takes account of each learner’s additional learning needs (ALN), if any

• secures broad and balanced learning and teaching for each learner

For each learner in reception to year 9 (inclusive) the curriculum must be implemented in a way that secures learning and teaching that:

• encompasses the six Areas and all the mandatory elements

• for RSE, is suitable for the learner’s stage of development

• for RVE, except in relation to learners in nursery and reception (those learners below compulsory school age, 5 years old), accords with curriculum design requirements. Learners in nursery and reception should still be provided with pluralistic RVE

• develops the mandatory cross-curricular skills

For each learner in years 10 and 11 the curriculum must be implemented in a way that secures learning and teaching:

• in each Area. Not everything in the statements of what matters for each Area needs to be included, but all Areas need to form part of the curriculum. This is the only difference for this cohort

• for RSE, is suitable for the learner’s stage of development

• for RVE accords with curriculum design requirements

• develops the mandatory cross-curricular skills

The governing body and head teacher must both ensure that the adopted curriculum is implemented in line with requirements above.

Schools must ensure that the assessment arrangements that are made:

• require the ongoing assessment of every learner throughout the school year by the relevant practitioner

• require practitioners to assess the progress made by learners

• require practitioners to assess the next steps in their progression

• require practitioners to assess the learning and teaching needed to make that progress

• are suitable for learners of differing ages, abilities and aptitudes

• are implemented

Assessment arrangements must be made at the same time as the curriculum is being designed.

Schools must ensure that the arrangements for assessing on-entry:

• require the assessment of abilities and aptitudes of learners against the relevant curriculum to determine the next steps in their progression and the learning and teaching needed to make that progress

• are suitable for learners of differing ages, abilities and aptitudes

• include arrangements for assessing learners’

  • numeracy and literacy skills

  • physical, social and emotional development

• take place within 6 weeks of the learner first beginning in the school