The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2019

Amendment of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003

2.—(1) The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003(1), is amended as follows.

(2) In article 1(2) (citation, commencement and application)—

(a) omit “and” at the end of sub-paragraph (a);

(b) at the end of sub-paragraph (b) insert “and”;

(c) after sub-paragraph (b) insert—

“(c) articles 5ZA, 6ZA and 7A apply in respect of the multiplication tables check (and none of the articles mentioned in sub-paragraph (a) or (b) so apply).”.

(3) In article 3(1) (interpretation)—

(a) after the definition of “external marking agency” insert—

““multiplication tables check” has the meaning given in article 5ZA;”;

(b) in the definition of ““record of results” or (as the case may be) “record of the result””—

(i) omit “and” at the end of paragraph (a);

(ii) at the end of paragraph (b) insert “and”;

(iii) after paragraph (b) insert—

“(c) for the purposes of article 7A, means a record of the results of a pupil in respect of the multiplication tables check;”.

(4) In article 4(2)(b) (teacher assessment), after “the NC test” insert “arranged under article 5”.

(5) In the heading of article 5, at the end insert “other than the multiplication tables check”.

(6) In article 5 (NC test assessment other than the multiplication tables check), after paragraph (2B) insert—

“(2ZB) For the purposes of paragraph (2), the NC test in mathematics is the NC test in that subject as mentioned in paragraph (3).”.

(7) After article 5 insert—

“NC test assessment: the multiplication tables check

5ZA.— (1) The head teacher must—

(a) subject to paragraph (2), make arrangements for the administration of the multiplication tables check to all pupils in the second year of the second key stage in accordance with any delegated supplementary provisions relating to that check made under article 11; and

(b) make a declaration to the Secretary of State that the multiplication tables check has been administered in accordance with any delegated supplementary provisions made in relation to that check under article 11.

(2) The head teacher is not required to administer the multiplication tables check to a pupil where the head teacher considers it would not be appropriate for that pupil to be assessed under this article.

(3) Where the head teacher considers under paragraph (2) that it would not be appropriate for a pupil to complete the multiplication tables check, the head teacher must inform the pupil’s parents before the time when the check is to be administered that the pupil will not undertake the check.

(4) In this article “the multiplication tables check” means an NC test in mathematics administered under this article for the purpose of assessing proficiency in relation to multiplication tables.”.

(8) After article 6 insert—

“Monitoring of assessment arrangements in respect of the multiplication tables check

6ZA.   The Secretary of State must monitor the administration of the multiplication tables check in order to ascertain that it has been administered in accordance with any delegated supplementary provisions made in relation to that check under article 11.”.

(9) In the heading of article 7, at the end insert “other than in respect of the multiplication tables check”.

(10) After article 7 insert—

“Investigation by the Secretary of State and correction of record of results in respect of the multiplication tables check

7A.— (1) Where as a consequence of monitoring under article 6ZA the Secretary of State considers, in respect of assessment arrangements in relation to the multiplication tables check, that those arrangements may not have been carried out in compliance with the provisions of article 5ZA, the Secretary of State must conduct an investigation.

(2) The Secretary of State must also conduct an investigation where the Secretary of State considers that the accuracy or correctness of any results of any pupil in respect of the multiplication tables check may otherwise be in doubt.

(3) Where, following an investigation under paragraph (1) or (2), the Secretary of State determines that the accuracy or correctness of the record of the result in respect of a pupil is in doubt, the Secretary of State must provide the head teacher with a record of the result determined by the Secretary of State and that record is to be the record of the result for the pupil.”.

(11) In article 11 (supplementary powers of the Secretary of State), after paragraph (1) insert—

“(1A) Before making, amending or revoking any provision under this article, the Secretary of State—

(a) must consult the Office of Qualifications and Examinations Regulation; and

(b) may consult such other persons as the Secretary of State considers appropriate.”.

(1)

S.I. 2003/1038. This order was amended by S.I. 2013/1513, 2015/900 and 2018/452; there are other amending instruments but none is relevant.