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Section 17 of the Education Reform Act 1988 enables the Secretary of State to make Regulations providing that the provisions of the National Curriculum shall not apply in such cases or circumstances as may be so specified.
The provisions of the National Curriculum with regard to the teaching of English for the first key stage (mainly children between the ages of five and seven) have been specified in the Education (National Curriculum) (Attainment Targets and Programmes of Study in English) Order 1989 (S.I. 1989/907). The Order comes into force on 1st August 1989 in respect of pupils in the first year of the first key stage who have attained the age of five years by that date and who do not have a statement of special educational needs and on 1st August 1990 in respect of all other pupils in the first key stage.
In respect of this latter category of pupils, section 10(3) of the 1988 Act requires that between 1st August 1989 and 31st July 1990 they be taught English for a reasonable time. These Regulations disapply the provisions of the 1989 Order and of section 10(3) as it applies to the teaching of English to pupils in the first key stage who are in a group where the medium of teaching to that group is wholly or partly in Welsh with regard to more than half of the subjects comprising religious education and the foundation subjects as defined in the Education Reform Act, other than English and Welsh. This description is the same as that used to define“a Welsh-speaking school” in section 3(7) of the 1988 Act.
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