The Education (National Curriculum) (Miscellaneous Amendments) (England) Order 2015

This Order may be cited as the Education (National Curriculum) (Miscellaneous Amendments) (England) Order 2015 and comes into force on 1st September 2015.

The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004^f1 is amended in accordance with articles 3 to 10.

In article 1 (Citation, commencement and application), paragraph (2)—

In article 3 (Interpretation)—

In article 4 (Assessment)—

After article 4 insert—

“Determining the suitability of test materials for key stage 1 National Curriculum tests

4A

(1)

If this article applies the head teacher must make arrangements for each pupil to be assessed by a trialling agency in respect of test materials for use in NC tests.

(2)

This article applies to a pupil in the final year of the first key stage in respect of English and mathematics—

(a)

if the pupil’s school has been designated for the purposes of this article, and

(b)

if the pupil has been selected by the Secretary of State or, in circumstances where the Secretary of State has requested the school’s head teacher to select the pupil, by the head teacher to be trialled in respect of test materials for use in NC tests.

(3)

This article applies to a pupil in the first year of the first key stage in respect of understanding the correspondence between graphemes and phonemes—

(a)

if the pupil’s school has been designated for the purpose of this article, and

(b)

if the pupil has been selected by the Secretary of State or, in circumstances where the Secretary of State has requested the school’s head teacher to select the pupil, by the head teacher to be trialled in respect of test materials for use in NC tests.

(4)

Paragraphs (2) and (3) apply only in the 2015-16 school year and every school year after that, as determined by the Secretary of State at the beginning of the first term of that school year.

(5)

The Secretary of State must notify each designated school in writing within two weeks of making a determination to designate for the purposes of this article.

(6)

If a pupil is selected by the Secretary of State under paragraphs 2(b) or 3(b), the head teacher must consider and decide whether that pupil is to be included in any trial carried out in accordance with this article.

(7)

This article does not apply to a pupil if the head teacher decides the pupil should not be included in any trial.

(8)

Where this article applies to a pupil in respect of any test materials for use in NC tests, a trialling agency must administer the trial to the pupil, in respect of the test materials, in accordance with any arrangements for such test materials made under article 9(1)(b).”.

In article 5 (Standard task assessment: English and mathematics) for paragraph (2) substitute—

“(2)

This article applies to a pupil in respect of English and mathematics if the head teacher is of the opinion that the pupil’s ability in that subject is at the standard of the NC test.”.

In article 6 (Moderation of Assessments) for each use of “levels” or (as the case may be) “level” substitute “standards” or (as the case may be) “standard”.

Omit article 7 (Pupils not subject to provisions of the National Curriculum).

In article 9 (Delegated supplementary provisions) for sub-paragraphs (1)(b) and (1)(c) substitute—

“(b)

a trial under article 4A and the time when, and manner in which, such a trial is to be administered;

(c)

the circumstances in which the head teacher may decide a pupil should not be assessed under article 4A and 5A;

(d)

an assessment under article 5A and the time when, and manner in which, such an assessment is to be administered; and

(e)

provisions designating schools for the purposes of article 4A.”.

The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003^f1 is amended in accordance with articles 12 to 21.

In article 1 (Citation, commencement and application) for paragraph (2) substitute—

“(2)

In this Order—

(a)

articles 4, 5, 5B, 6, 6B, 7, 8 and 9 apply for the purpose of ascertaining the achievements in the core subjects of pupils who have completed the programme of study for the second key stage; and

(b)

article 4A applies for the purpose of determining the suitability of test materials for use in NC tests.”.

In article 3 (Interpretation)—

In article 4 (Teacher assessment)—

After article 4 insert—

“Determining the suitability of test materials for key stage 2 National Curriculum tests

4A

(1)

If this article applies the head teacher must make arrangements for each pupil to be assessed by a trialling agency in respect of test materials for use in NC tests.

(2)

This article applies to a pupil in the final year of the second key stage in respect of English, mathematics and science—

(a)

if the pupil’s school has been designated for the purposes of this article, and

(b)

if the pupil has been selected by the Secretary of State or, in circumstances where the Secretary of State has requested the school’s head teacher to select the pupil, by the head teacher to be trialled in respect of test materials for use in NC tests.

(3)

Paragraph (2) applies only in the 2015-16 school year and every school year after that, as determined by the Secretary of State at the beginning of the first term of that school year.

(4)

The Secretary of State must notify each designated school in writing within two weeks of making a determination to designate for the purposes of this article.

(5)

If a pupil is selected by the Secretary of State under paragraph 2(b), the head teacher must consider and decide whether that pupil is to be included in any trial carried out in accordance with this article.

(6)

This article does not apply to a pupil if the head teacher decides the pupil should not be included in any trial.

(7)

Where this article applies to a pupil in respect of any test materials for use in NC tests a trialling agency must administer the trial to the pupil, in respect of the test materials, in accordance with any arrangements for such test materials made under article 11(1)(b).”.

In article 5 (NC test assessment), for paragraph (2) substitute—

• “Subject to paragraph (2B), this article applies to a pupil in respect of a core subject if the head teacher is of the opinion that the pupil’s ability in that subject is at the standard of the NC test.”.

In article 5B (Moderation of teacher assessment in writing) for each use of “level” substitute “standard”.

In article 6B (Investigation by the Secretary of State and determination of teacher assessment) for each use of “level” substitute “standard”.

For article 8 substitute—

“Determination of attainment by subject: teacher assessment

8

In each core subject, a pupil’s attainment is the standard achieved by the pupil in each subject and the record of the results must consist of that standard.”.

Omit article 9 (Pupils not subject to provisions of the National Curriculum).

In article 11 (Supplementary powers of the Secretary of State) for sub-paragraphs (1)(b) and (1)(c) substitute—

“(b)

provisions as to a trial under article 4A and the time when, and manner in which, such a trial is to be administered;

(c)

the circumstances in which the head teacher may decide a pupil should not be assessed under article 4A;

(d)

provisions as to the time when, and manner in which, NC tests are to be administered; and

(e)

provisions designating schools for the purposes of article 4A and 5.”.

The Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003^f1 is amended in accordance with articles 23 to 25.

In article 3 (Interpretation)—

For article 5 substitute—

“Teacher assessment—core and other foundation subjects

5

In the case of each core and other foundation subject, the purpose of the assessment is to determine the standard of attainment achieved by the pupil in the subject and the record of the results must consist of that standard.”.

Omit articles 6 (Pupils not subject to provisions of the National Curriculum) and 7 (Teacher assessment—other foundation subjects).

In article 2(b) of the Education (National Curriculum) (Attainment Targets and Programmes of Study) (England) Order 2013^f1 for “level” substitute “standard”.

(This note is not part of the Order)