C1PART 2CURRICULUM IN MAINTAINED SCHOOLS, MAINTAINED NURSERY SCHOOLS AND FUNDED NON-MAINTAINED NURSERY EDUCATION

Annotations:

CHAPTER 4CURRICULUM IMPLEMENTATION: EXCEPTIONS

I139Development work and experiments: conditions

1

The Welsh Ministers may give a direction under section 38 only if the conditions in this section are met.

2

The first condition is that the Welsh Ministers are satisfied that the curriculum that will be implemented for the pupils or children as a result of the direction will—

a

enable each pupil or child to develop in the ways described in the four purposes,

b

secure teaching and learning that offers appropriate progression for each pupil or child,

c

be suitable for each pupil or child's age, ability and aptitude,

d

take account of each pupil's or child's additional learning needs (if any), and

e

secure broad and balanced teaching and learning for each pupil or child.

3

The second condition, in the case of a direction relating to a community school, voluntary controlled school, community special school or maintained nursery school, is that the direction is given—

a

on an application made by the governing body with the local authority's agreement,

b

on an application made by the local authority with the governing body's agreement, or

c

on a proposal made by the Welsh Ministers with the agreement of the governing body and the local authority.

4

The second condition, in the case of a direction relating to a foundation school or voluntary aided school, is that the direction is given—

a

on an application made by the governing body, or

b

with the governing body's agreement.

5

The second condition, in the case of a direction relating to funded non-maintained nursery education, is that the direction is given—

a

on an application made by the local authority with the agreement of the provider of the education, or

b

on a proposal made by the Welsh Ministers with the agreement of the local authority and the provider of the education.

6

In this section—

a

references to the local authority, in relation to a school, are to the local authority that maintains the school;

b

references to the local authority, in relation to funded non-maintained nursery education, are to the local authority that secures the education.