Article 6 Amendments to the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004
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).”.