Curriculum and Assessment (Wales) Act 2021

PART 5 CURRICULUM: POST COMPULSORY EDUCATION IN MAINTAINED SCHOOLS

58 Introduction and interpretation

(1) This Part makes provision about a curriculum for registered pupils at maintained schools who are above compulsory school age.

(2) In this Part—

(a) references to a maintained school are to a maintained school at which pupils above compulsory school age are registered;

(b) references to pupils, in relation to a maintained school, are to registered pupils at the school who are above compulsory school age;

(c) references to a curriculum are to a curriculum for those pupils.

59 General curriculum requirement

(1) The head teacher and governing body of a maintained school must ensure that the curriculum for the school’s pupils complies with the requirement in subsection (2).

(2) The requirement is that the curriculum is a balanced and broadly based curriculum that⁠—

(a) promotes the spiritual, moral, cultural, mental and physical development of the pupils and of society, and

(b) prepares the pupils for the opportunities, responsibilities and experiences of later life.

(3) A local authority in Wales must exercise its functions with a view to ensuring that the curriculum complies with the requirement in subsection (2) in every maintained school that it maintains.

(4) The Welsh Ministers must exercise their functions with a view to ensuring that the curriculum complies with the requirement in subsection (2) in every maintained school.

60 Curriculum requirement: Relationships and Sexuality Education

(1) The head teacher of a maintained school must ensure that teaching and learning in Relationships and Sexuality Education is provided at the school for pupils who request it.

(2) The head teacher is to be treated as complying with subsection (1) if the teaching and learning is provided at the school at a time or times which are convenient for the majority of the pupils who have requested it.

(3) The governing body of a maintained school must exercise its functions with a view to ensuring that teaching and learning in Relationships and Sexuality Education is provided in accordance with this section.

61 Curriculum requirement: Religion, Values and Ethics

(1) The head teacher of a maintained school must ensure that teaching and learning in Religion, Values and Ethics is provided at the school for pupils who request it.

(2) The head teacher is to be treated as complying with subsection (1) if the teaching and learning is provided at the school at a time or times which are convenient for the majority of the pupils who have requested it.

(3) Teaching and learning provided under this section—

(a) must reflect the fact that the religious traditions in Wales are mainly Christian, while taking account of the teaching and practices of the other principal religions represented in Wales, and

(b) must also reflect the fact that a range of non-religious philosophical convictions are held in Wales.

(4) In subsection (3), the reference to “philosophical convictions” is to philosophical convictions within the meaning of Article 2 of the First Protocol to the European Convention on Human Rights.

(5) The governing body of a maintained school must exercise its functions with a view to ensuring that teaching and learning in Religion, Values and Ethics is provided in accordance with this section.

(6) In this section—

• “the European Convention on Human Rights” (“y Confensiwn Ewropeaidd ar Hawliau Dynol”) means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, as it has effect for the time being in relation to the United Kingdom;

• “the First Protocol” (“y Protocol Cyntaf”), in relation to that Convention, means the protocol to the Convention agreed at Paris on 20th March 1952.

62 Further curriculum requirements

See sections 33A to 33O of the Learning and Skills Act 2000 (c. 21) (local curricula for students aged 16 to 18) for further provision about a curriculum for pupils at maintained schools who are above compulsory school age.