Article 9 Pupils not subject to provisions of the National Curriculum

Articles 7 and 8 shall have effect in relation to pupils in maintained schools 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.

Where one third or fewer of the attainment targets in a profile component do not apply to such a pupil, article 7 shall have effect as if the number of attainment targets applying to the pupil were the total number of attainment targets in that profile component.

Where more than on third of the attainment targets in a profile component do not apply to such a pupils article 7 shall not apply for the purpose of determining the pupil’s profile component level of attainment.

Where by virtue of paragraph (3) one or more profile component levels of attainment cannot be determined, paragraphs (1)—(4) of article 8 shall not apply.

If the writing attainment target of the writing profile component in English does not apply to a pupil, articles 7 and 8 shall not apply for the purpose of determining a subject level of attainment in English.

Article 8(5) shall apply in respect of all levels of attainment in attainment targets, profile components and core subjects which have been assessed in relation to the pupil.