The Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 1) (Wales) Order 1997

• Citation: S.I. 1997/2011
• Sections: 10

Section 1 Citation, commencement and application

(1) This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 1) (Wales) Order 1997 and shall come into force on 31st August 1997.

(2) Subject to paragraphs (3) and (4), the provisions of this Order apply for the purpose of ascertaining the achievements in English, Welsh, mathematics and science of pupils who are in the final year of the first key stage.

(3) This Order applies only to maintained schools and grant-maintained special schools (other than those established in hospitals) in Wales .

(4) This Order does not apply for the purpose of ascertaining the achievements in Welsh of pupils following the programme of study known as “Welsh Second Language” .

Section 2 Revocation

The Education (National Curriculum) (Assessement Arrangements for English, Welsh, Mathematics and Science) (Key Stage 1) (Wales) Order 1995 is revoked.

Section 3 Interpretation

(1) In this Order—

“ the Act ” means the Education Act 1996;

“the associated documents” means the documents published by Her Majesty’s Stationery Office, setting out levels of attainment, attainment targets and programmes of study in relation to the relevant subjects, which documents have effect by virtue of the respective section 356(2)(a) and (b) orders for those subjects for the time being in force ;

“ AT ” means attainment target;

“the Authority” means the authority currently known as Awdurdod Cwricwlwm ac Asesu Cymru or the Curriculum and Assessment Authority for Wales which will be renamed Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymru or the Qualifications, Curriculum and Assessment Authority for Wales when section 27 of the Education Act 1997 comes into force;

“maintained school” has the meaning assigned to it by section 350(1) of the Act;

“the relevant subjects” means—

mathematics and science;

in relation to schools and classes which are Welsh-speaking, Welsh; and

in relation to schools and classes which are not Welsh-speaking, English;

“section 356(2)(a) and (b) orders” means orders made under section 356(2)(a) and (b) of the Act specifying attainment targets and programmes of study in relation to the relevant subjects;

“specified” means specified, in relation to the first key stage, by a section 356(2)(a) and (b) order;

“spring term” and “summer term” mean the second and third terms respectively in a school year (as defined in section 355(5) of the Act);

a reference to a class or school which is Welsh-speaking is a reference respectively to a class or school in which, in relation to pupils in the first key stage, more than one half of the following subjects namely—

religious education; and

the subjects other than English and Welsh which are foundation subjects in relation to pupils in the first key stage,

are taught (wholly or partly) in Welsh;

references to the first key stage shall be construed in accordance with section 355 of the Act; and

unless the context otherwise requires references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.

(2) Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.

(3) In this Order, unless the context otherwise requires, any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.

Section 4 Teacher assessment

(1) It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each relevant subject during the summer term in accordance with the provisions of this article and for a record of the results to be made by that teacher.

(2) The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for each relevant subject which applies to him and, except where article 8(3) applies, in the subject as calculated in accordance with article 7.

(3) The pupil shall be assessed and a record of the results made by the teacher not later than two weeks before the end of the summer term.

(4) The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the first key stage by the relevant section 356(2)(a) and (b) order) in relation to every AT mentioned in paragraph (2) and, except where article 8(3) applies, of his level in the subject as calculated in accordance with article 7.

(5) In making an assessment of a pupil pursuant to this article a teacher may take into account the results of any previous assessments of the pupil including assessments by means of standard tasks, whether or not the previous assessments were made by that teacher.

Section 5 Standard task assessment: English, Welsh and mathematics

(1) It shall be the duty of the head teacher to make arrangements for each pupil to be assessed in English, Welsh and mathematics in accordance with the provisions of this article, and such an assessment shall be known as a “standard task assessment”.

(2) Standard tasks for which provision is made by the Secretary of State pursuant to article 10 shall be administered to the pupil during the period comprising the spring term and the summer term (except the last four weeks thereof) in accordance with the provisions of the document in which they are published.

(3) An assessment based on the pupil’s performance in each standard task shall be made, and the result thereof recorded, not later than four weeks before the end of the summer term.

(4) Subject to paragraphs (5) and (6), the record of the results shall consist of a statement of the pupil’s level of attainment in each relevant AT, or, if the document in which the standard tasks are published so requires, a statement of the pupil’s level of attainment in the subject determined in accordance with the provisions of that document, or, if that document so requires, both such statements.

(5) In the case of English, where—

(a) at least one relevant AT does not apply in relation to a pupil, or the pupil has not completed a standard task and paragraph (8) does not apply, no record of the pupil’s level of attainment in that subject shall be determined; and

(b) the document in which the standard tasks are published so requires, the record of the pupil’s level of attainment in AT3 (writing) shall include a statement of the pupil’s level of attainment in spelling.

(6) Where, in the case of Welsh, more than one relevant AT does not apply in relation to a pupil, or the pupil has not completed a standard task and paragraph (8) does not apply, no record of the pupil’s level of attainment in that subject shall be determined.

(7) In paragraphs (4), (5) and (6) “relevant AT” means any AT in which the standard tasks enable achievement to be assessed.

(8) Where a pupil is unable to complete a standard task due to his absence from school (whether because of illness or for any other reason), if, in the opinion of his head teacher, he has done sufficient work on the standard task to enable an assessment of his level of attainment in any attainment targets to be made, any such assessment shall be treated as an assessment made in pursuance of this article.

Section 6 Verification of assessments

(1) This article makes provision for the verification of standard task assessments by the local education authority (in the case of schools which they maintain) and the Authority (in the case of grant-maintained schools and grant-maintained special schools) and the substitution for levels of attainment determined by such assessments of levels determined by them, and in this article each authority is referred to as “the verifying authority”.

(2) In the case of schools maintained by a local education authority, that authority shall exercise the functions conferred by this article in relation to each such school and each relevant subject.

(3) On request by the verifying authority the head teacher shall provide them with the results of standard task assessments of such number or proportion of pupils, and in such subjects or attainment targets of subjects as they may require, together with the supporting material referred to in paragraph (4), to enable the verifying authority to verify the assessments.

(4) The supporting material consists of the pupil’s written response to the standard tasks and such further material as the verifying authority may reasonably require.

(5) If, after such verification, the verifying authority consider that the results of the assessments are accurate, they shall so notify the head teacher, and the levels of all pupils at the school determined by standard task assessments (whether or not verified) shall be the levels for the subject in question.

(6) If, after such verification, the verifying authority consider that some of the results are inaccurate, they shall so notify the head teacher and, if they so request, the head teacher shall as soon as practicable—

(a) arrange for the results considered to be inaccurate, together with such other results as the verifying authority may request, to be reconsidered by the teachers concerned and subsequently submitted to the verifying authority for verification; and

(b) provide the verifying authority with the results of the assessments of all other pupils in the subject in question which have not been verified, together with the supporting material referred to in paragraph (4), for verification.

(7) Where any level of attainment determined by the verifying authority differs from the level determined by a standard task assessment, the level determined by the verifying authority after verification shall be the level of attainment.

(8) It shall be the duty of the head teacher and the governing body—

(a) to permit the verifying authority to enter the premises of the school at all reasonable times in order to observe the implementation of the arrangements specified by this Order;

(b) to permit the verifying authority to inspect and take copies of documents and other articles relating to standard task assessment; and

(c) to provide the verifying authority with such information relating to such assessment as they may reasonably request.

(9) For the purpose of exercising their functions under this article the local education authority shall appoint such competent persons as they think fit.

(10) A person is not competent for the purposes of paragraph (9) unless he has recent experience of the provision of the National Curriculum in primary schools.

Section 7 Determination of attainment by subject: teacher assessment

(1) Subject to article 8, the provisions of this article regulate the aggregation of AT levels of attainment determined in accordance with article 4 to calculate subject levels of attainment.

(2) In the case of English, a pupil’s level of attainment in the subject shall be the average of his level in each AT.

(3) In the case of Welsh, a pupil’s level of attainment in the subject shall be the average of his level in each AT but with his level in AT1 (oral, (speaking, listening and viewing)) weighted by a factor of two.

(4) In the case of mathematics, a pupil’s level of attainment in the subject shall be the average of his level in each AT but with his level in AT2 (number and algebra) weighted by a factor of two.

(5) In the case of science, a pupil’s level of attainment in the subject shall be the average of his level in each AT but with his level in AT1 (experimental and investigative science) weighted by a factor of three.

Section 8 Pupils not subject to provisions of the National Curriculum

(1) Article 7 shall have effect in relation to pupils as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.

(2) Where one AT in a relevant subject does not apply to such a pupil, article 7 shall have effect as if the number of ATs applying to the pupil were the total number of ATs in the subject.

(3) Where more than one AT in a relevant subject does not apply to such a pupil, article 7 shall not apply to him in relation to that subject and no level of attainment shall be determined for him in respect of that subject.

Section 9 Evaluation of Assessment Arrangements

The Authority shall make such arrangements as seem to them appropriate for determining the extent to which the provisions of articles 4 to 8 and their implementation achieve the purpose mentioned in article 1(2).

Section 10 Supplementary powers of the Secretary of State

The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order (other than provisions conferring or imposing functions as mentioned in section 356(5)(a) of the Act) as appear to him to be expedient, including in particular provisions as to standard tasks for the purpose of assessing pupils’ levels of attainment in any AT or relevant subject and as to the time when and the manner in which they are to be administered.