Curriculum and Assessment (Wales) Act 2021 Explanatory Notes

Foundation and voluntary controlled schools that have a religious character

195.In the case of foundation and voluntary controlled schools with a religious character, paragraph 3 of the Schedule requires the provision in the curriculum for teaching and learning encompassing RVE to have been designed having regard to the agreed syllabus.

196.However, in the case of these schools, there is an additional requirement (see paragraph 3(3) and (4) of the Schedule). This additional requirement applies only if the provision that has been designed having regard to the agreed syllabus does not accord with the school’s trust deed, or the tenets of its religion or religious denomination.

197.(The first step in determining whether this additional requirement applies will be to consider whether the provision designed having regard to the agreed syllabus accords with any provision in the school’s trust deed that relates to teaching and learning in respect of RVE. If there is not any provision in the trust deed that relates to teaching and learning in respect of RVE, the next step will be to consider whether the provision accords with the tenets of the religion or denomination specified in relation to the school by an order under section 68A of the 1998 Act. Only if the provision does not accord with the trust deed or the relevant tenets will the additional requirement apply.)

198.If this additional requirement applies, the school’s curriculum must also include provision for RVE that does accord with the school’s trust deed, or the tenets of its religion or religious denomination.

199.Paragraph 7(2) of the Schedule requires the teaching and learning secured for pupils to be that for which provision has been made in the curriculum under paragraph 3(2) of the Schedule (i.e. the provision designed having regard to the agreed syllabus).

200.But there is an exception to this general requirement. Paragraph 7(4) of the Schedule enables a pupil’s parents to request that their child be provided, instead, with the teaching and learning for which the curriculum makes provision under paragraph 3(4) of the Schedule (i.e. the additional provision that accords with the school’s trust deed, or the tenets of its religion or denomination. If a request of this type is made, it must be complied with.

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