Education and Inspections Act 2006

Part 5 Curriculum and entitlements

74 Curriculum requirements for the fourth key stage

(1) For section 85 of EA 2002 (curriculum requirements for fourth key stage) substitute—

“85 Curriculum requirements for the fourth key stage

(1) For the fourth key stage, the National Curriculum for England shall comprise—

(a) the core and other foundation subjects,

(b) work-related learning, and

(c) in relation to any pupil, such other courses of study as are necessary to satisfy the entitlements conferred on him by subsection (5) and section 85A.

(2) The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.

(3) The following are the core subjects for the fourth key stage—

(a) mathematics,

(b) English, and

(c) science.

(4) The following are the other foundation subjects for the fourth key stage—

(a) information and communication technology,

(b) physical education, and

(c) citizenship.

(5) A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those—

(a) approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and

(b) specified by the Secretary of State by order for the purposes of this subsection.

(6) In the exercise of their functions under this Part so far as those functions relate by virtue of this section to work-related learning a local education authority, governing body or head teacher shall have regard to any guidance issued from time to time by the Qualifications and Curriculum Authority.

(7) In this section “work-related learning” means planned activity designed to use the context of work to develop knowledge, skills and understanding useful in work, including learning through the experience of work, learning about work and working practices and learning the skills for work.

85A Entitlement areas for the fourth key stage

(1) A pupil in the fourth key stage is also entitled to do either of the following (as he may elect)—

(a) to follow a course of study in a subject within each of such one or more of the four entitlement areas specified in subsection (2) as he may choose, or

(b) to follow a course of study within an entitlement area specified by the Secretary of State by order for the purposes of this paragraph.

(2) The entitlement areas referred to in subsection (1)(a) are—

(a) arts, comprising—

(i) art and design,

(ii) music,

(iii) dance,

(iv) drama, and

(v) media arts,

(b) design and technology (comprising only that subject),

(c) humanities, comprising—

(i) geography, and

(ii) history, and

(d) modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.

(3) An order under subsection (2)(d) may—

(a) specify circumstances in which a language is not to be treated as falling within subsection (2)(d), and

(b) provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.

(4) The entitlement conferred on a pupil by this section is to be taken to be satisfied—

(a) where he elects as mentioned in paragraph (a) of subsection (1), if a course of study in a subject within each of the entitlement areas specified in subsection (2) is made available to him by or on behalf of the school at which he is a registered pupil, or

(b) where he elects as mentioned in paragraph (b) of subsection (1), if a course of study within one of the entitlement areas specified by order under that paragraph is made available to him by or on behalf of the school at which he is a registered pupil.

(5) In the exercise of their functions by virtue of this Part in relation to courses of study falling within subsection (1)(a) or (b), a local education authority, governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State or the Qualifications and Curriculum Authority.

(6) In this section “course of study” means—

(a) in relation to a subject within an entitlement area specified in subsection (2), a course of education or training which leads to such qualification as the governing body may choose from among those approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act;

(b) in relation to an entitlement area specified by order under subsection (1)(b), a course of education or training which leads to such qualification as the governing body may choose from among those specified by the Secretary of State by order for the purposes of this paragraph.”

(2) In section 86 of EA 2002 (power to alter or remove requirements for fourth key stage)—

(a) in paragraph (a), for “section 85,” substitute “sections 85 and 85A,”,

(b) in paragraph (b), for “that section is” substitute “those sections are”, and

(c) renumber the section as so amended as subsection (1) of the section and at the end insert—

“(2) An order under this section may make such amendments of this Act as appear to the Secretary of State to be necessary or expedient in connection with the provision made by virtue of subsection (1).”

(3) Renumber section 88 of EA 2002 (implementation of the National Curriculum for England in schools) as subsection (1) of that section and at the end insert—

“(2) In relation to any maintained school and any school year, the local education authority, the governing body and the head teacher shall, in addition to their duties by virtue of subsection (1), exercise their functions with a view to securing that courses of study within all of the entitlement areas specified by the Secretary of State by order for the purposes of section 85A(1)(b) (“the specified entitlement areas”) are made available by or on behalf of the school, unless the local education authority determine that the making available of a course of study within a particular specified entitlement area would involve disproportionate expenditure.

(3) Nothing in subsection (2) entitles a pupil who elects as mentioned in section 85A(1)(b) to follow a course of study within a particular specified entitlement area or to follow more than one course of study within different specified entitlement areas (provision as to the entitlement of individual pupils being made by section 85A(4)(b)).

(4) For the purposes of discharging their functions by virtue of this Part in relation to courses of study within the specified entitlement areas, the governing body of a maintained school shall, in particular, consider whether it would be appropriate to make any collaboration arrangements.

(5) In subsection (4) “collaboration arrangements” means—

(a) arrangements made, in pursuance of regulations under section 26(a), with the governing body of one or more other maintained schools, and

(b) arrangements made, in pursuance of regulations under section 166(1)(a) of the Education and Inspections Act 2006, with one or more further education bodies (within the meaning of that section).

(6) For the purposes of discharging their functions by virtue of this Part in relation to courses of study within the specified entitlement areas, a local education authority may make arrangements with an institution within the further education sector under which a course of study within a specified entitlement area is made available to pupils of a school at the institution within the further education sector.

(7) The Learning and Skills Council for England must co-operate with a local education authority who propose to make arrangements in pursuance of subsection (6).”

(4) Until the commencement of subsection (1), section 85 of EA 2002 has effect with the following modifications—

(a) in subsection (1) after “other foundation subjects” insert “, the entitlement conferred by subsection (3A)”, and

(b) after subsection (3) insert—

“(3A) A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those—

(a) approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and

(b) specified by the Secretary of State by order for the purposes of this subsection.”

(5) Any order made (by virtue of subsection (4) of this section) under section 85(3A) of EA 2002 before the commencement of subsection (1) of this section is to have effect from that commencement as if made under subsection (5) of section 85 (as substituted by subsection (1)).

75 Education and training to satisfy entitlements

(1) After section 3 of the Learning and Skills Act 2000 (c. 21) insert—

“3A Entitlement to education and training for persons aged 16 to 19

(1) A person who is above compulsory school age but has not attained the age of 19 may elect for either or both of the following entitlements—

(a) the core entitlement described in section 3B, and

(b) the additional entitlement described in section 3C.

(2) In this section and in sections 3B to 3D, “course of study” means a course of education or training leading to a qualification specified by the Secretary of State by order for the purposes of this subsection.

3B The core entitlement

(1) In relation to a person falling within section 3A(1), the core entitlement is an entitlement to follow a course of study in such one or more of the following subjects as he may choose (“the core subjects ”)—

(a) mathematics,

(b) English, and

(c) information and communication technology.

(2) The core entitlement is satisfied where a course of study in such of the core subjects as the person has chosen is made available to him at a school or institution.

(3) A person’s entitlement to follow a course of study within a core subject ceases if he does not begin the course of study made available to him before he attains the age of 19.

3C The additional entitlement

(1) In relation to a person falling within section 3A(1), the additional entitlement is an entitlement to follow a course of study within an entitlement area specified by the Secretary of State by order for the purposes of this subsection.

(2) The additional entitlement is satisfied where a course of study within one of the entitlement areas specified by order for the purposes of subsection (1) is made available to the person at a school or institution.

(3) A person’s additional entitlement ceases if he does not begin the course of study made available to him before he attains the age of 19.

3D The core and additional entitlement: duties of the Council

(1) The Council must exercise its functions under sections 2 and 3 in such a way as to secure that the entitlements conferred by section 3A(1) are satisfied.

(2) The Council must also exercise those functions with a view to securing that courses of study within all of the entitlement areas specified by the Secretary of State by order for the purposes of section 3C(1) (“the entitlement areas”) are made available in each local learning and skills area, unless the Council determines that the making available of a course of study within a particular entitlement area in a particular local learning and skills area would involve disproportionate expenditure.

(3) Nothing in subsection (2) entitles a person falling within section 3A(1) to follow a course of study within a particular entitlement area or in a particular local learning and skills area, or to follow more than one course of study within different entitlement areas (provision as to the entitlement of such a person being made by section 3C).

(4) In the exercise of its functions by virtue of this section, the Council must have regard to any guidance given from time to time by the Secretary of State.

(5) This section does not affect the generality of the duties imposed by sections 2 and 3.

(6) In this section, “local learning and skills area” means an area specified by the Secretary of State for the purposes of section 19(1).”

(2) In section 13 of that Act (persons with learning disabilities), in subsection (1) after “3,” insert “3D,”.