Citation, commencement and interpretation

1.-(1) This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for Welsh Second Language) (Key Stage 1) Order 1991 and shall come into force on 29th August 1991.

(2) This Order applies to maintained schools in Wales.

2.-(1) In this Order-�

"the associated document" means the document published by Her Majesty's Stationery Office entitled "Cymraeg yn y Cwricwlwm Cenedlaethol" "Welsh in the National Curriculum"(2)(which document has effect by virtue of the 1990 Order);

"maintained school" has the meaning assigned to it by section 25(1) of the Education Reform Act 1988;

"profile components" means the attainment targets in Welsh Second Language specified in the Schedule hereto;

"SATs" means standard assessment tasks, being tests designed to assess a pupil's achievements in relation to attainment targets in Welsh Second Language contained in documents published by or on behalf of the School Examinations and Assessment Council;

"summer term" means the third term in a school year;

"the subject" means Welsh Second Language;

"the 1990 Order" means the Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) Order 1990(3);

references to the first key stage are references to the period set out in paragraph (a) of section 3(3) of the Education Reform Act 1988; and

references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated document for Welsh Second Language.

(2) 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.

3. The provisions of this Order apply in respect of pupils in the final year of the first key stage, and shall come into force on 29th August 1991.

Method of assessment

4.-(1) Each pupil shall be assessed by a teacher during the summer term in accordance with the provisions of this article.

(2) The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in relation to each attainment target specified for the subject in relation to the first key stage which applies to him.

(3) The teacher shall not later than one month before the end of the summer term mentioned in paragraph (1) assess the pupil and record the results of the assessment.

(4) Subject to paragraph (5) the record of the results shall consist of a statement of each level of attainment achieved by the pupil in relation to every attainment target mentioned in paragraph (2).

(5) Where it appears to the teacher that the pupil's level of attainment in any attainment target is higher than level 3 but the teacher is unable to state that level in reliance on his assessment of the pupil under this article, the pupil shall be recorded as having achieved level 3.

(6) In making an assessment of a pupil pursuant to this article the teacher shall take into account any guidance on assessment issued by the local education authority (in the case of a school maintained by such an authority) or by or on behalf of the governing body (in the case of a grant-maintained school), and may take into account the results of any previous assessments of the pupil including assessments by means of SATs, whether or not the previous assessments were made by that teacher.

Determination of attainment by profile component

5.-(1) Subject to article 7 the provisions of this article regulate the determination of profile component levels of attainment.

(2) In the case of the profile component entitled "Oral (Listening, Viewing and Speaking)", the level of attainment shall be the pupil's level of attainment for the attainment target so entitled.

(3) In the case of the profile component entitled "Reading", the level of attainment shall be the level of attainment for the attainment target so entitled.

(4) In the case of the profile component entitled "Writing" the level of attainment shall be the level of attainment for the attainment target so entitled.

Determination of attainment by subject

6.-(1) Subject to article 7 the provisions of this article regulate the aggregation of profile component levels of attainment to determine the subject level of attainment.

(2) A pupil's level of attainment in the subject shall be the level of attainment achieved in the oral profile component in accordance with article 5(2).

(3) The results of the application of the provision of this article and of articles 4 and 5 in relation to a pupil shall be recorded in a statement consisting of his level of attainment in the subject and each attainment target and profile component of the subject.

Pupils not subject to provisions of the National Curriculum

7.-(1) Articles 5 and 6 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:

(a)For "Reading", no profile component shall be determined where the attainment target for reading does not apply to such a pupil;

(b)For "Writing", no profile component shall be determined where the attainment target for writing does not apply to such a pupil;

(c)For "Oral", (listening, viewing and speaking), no profile component nor subject level of attainment shall be determined where the attainment target for Oral (listening, viewing and speaking) does not apply to such a pupil.

(2) Article 6(3) shall apply in respect of all levels of attainment in attainment targets, profile components and the subject which have been assessed in relation to the pupil.

Article 2

SCHEDULEPROFILE COMPONENTS IN WELSH SECOND LANGUAGE

Explanatory Note

(This note is not part of the Order)

Section 4(1) and (2) of the Education Reform Act 1988 places a duty on the Secretary of State to establish the National Curriculum by specifying by order appropriate attainment targets, programmes of study and assessment arrangements for each of the foundation subjects. Attainment targets and programmes of study for pupils in Welsh Second Language were specified in the Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) Order 1990.

This order specifies the assessment arrangements for Welsh Second Language in the final year of the first key stage, as they apply to maintained schools in Wales.

Pupils are to be assessed during the summer term by teachers and a record of the results, consisting of pupils' levels of attainment in relation to each attainment target specified for the key stage (levels 1-3), is to be made (article 4). If a teacher considers that a pupil's level of attainment exceeds the specified levels he or she must record that fact. In making these assessments, teachers must take into account guidance issued by local education authorities or (in the case of grant-maintained schools) the school's governing body, and may take into account the outcomes of non-mandatory standard assessment tasks (SATs).

Rules are specified for deriving profile component levels from the pupils' attainment target results (article 5) and for deriving a subject level from pupils' profile component levels (article 6). These rules are modified in the case of pupils to whom provisions of the National Curriculum do not apply.