Citation and Commencement

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

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

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

3.  In article 1 (Citation, commencement and application), paragraph (2)-

(a)in sub-paragraph (2)(a) omit "and",

(b)for sub-paragraph (2)(b) substitute-

"(b)article 4A applies for the purpose of determining the suitability of test materials for use in NC tests; and

(c)(c) articles 5A and 6A apply for the purpose of ascertaining the extent to which pupils in the first key stage understand the correspondence between graphemes and phonemes in English.".

4.  In article 3 (Interpretation)-

(a)omit the definition of "the associated documents",

(b)omit the definition of "the core subject topics",

(c)after the definition of "moderation" insert-

""NC tests" means National Curriculum assessments administered to pupils pursuant to article 5 or 5A";

(d)after the definition of "summer term" insert-

""trial" means an assessment for the purpose of determining the suitability of test materials for use in NC tests;

"trialling agency" means a body approved by the Secretary of State to administer trials in respect of test materials for use in NC tests.".

(e)for paragraph (3) substitute-

"(3) In this Order references to attainment targets and programmes of study are references to the targets and programmes set out in any document (other than the P Scale Document) published by the Department for Education under a section 87(3)(a) and (b) order for the foundation subjects.".

5.  In article 4 (Assessment)-

(a)for paragraph (2) substitute-

"(2) The purpose of the assessment is to determine the standard of attainment achieved by the pupil in each core subject which applies to the pupil as calculated in accordance with any delegated supplementary provisions.".

(b)for paragraph (4) substitute-

"(4) A record of the results must consist of the standard of attainment which the teacher assesses has been achieved by the pupil (whether or not that standard is specified in relation to the first key stage by the relevant section 87(3)(a) and (b) order) in relation to each core subject.".

6.  After article 4 insert-

"4A    Determining the suitability of test materials for key stage 1 National Curriculum tests

(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).".

7.  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.".

8.  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".

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

10.  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.".

Amendments to the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003

11.  The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003(4) is amended in accordance with articles 12 to 21.

12.  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.".

13.  In article 3 (Interpretation)-

(a)omit the definition "the associated documents",

(b)in the definition "NC tests" for "level of attainment" substitute "scores",

(c)for the definition "record of results" or (as the case may be) "record of result" substitute-

"(a)for the purposes of article 5, means a record of the results of a pupil in respect of the NC tests administered to the pupil under article 5(3), consisting of the scores achieved by the pupil; and

(b)for the purposes of article 7, means a record of the results of a pupil in respect of the NC tests administered to the pupil under article 5.".

(d)after the definition of "summer term" insert-

""trial" means an assessment for the purpose of determining the suitability of test materials for use in NC tests;

"trialling agency" means a body approved by the Secretary of State to administer trials in respect of materials for use in NC tests.".

(e)for paragraph (3) substitute-

"(3) References to attainment targets and programmes of study are references to the targets and programmes set out in any document (other than the P Scale Document) published by the Department for Education under a section 87(3)(a) and (b) order for the foundation subjects.".

14.  In article 4 (Teacher assessment)-

(a)for paragraph (2) substitute-

"(2) The purpose of the assessment is to determine the standard of attainment achieved by the pupil in each core subject which applies to the pupil as calculated in accordance with any delegated supplementary provisions.".

(b)for paragraph (4) substitute-

"(4) For each core subject, the results recorded must consist of the standard of attainment achieved by the pupil (whether or not that standard is specified in relation to the second key stage by the relevant section 87(3)(a) and (b) order).".

15.  After article 4 insert-

"4A    Determining the suitability of test materials for key stage 2 National Curriculum tests

(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).".

16.  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.".

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

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

19.  For article 8 substitute-

"8    Determination of attainment by subject: teacher assessment

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.".

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

21.  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.".

Amendments to the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003

22.  The Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003(5) is amended in accordance with articles 23 to 25.

23.  In article 3 (Interpretation)-

(a)omit the definition "the associated documents",

(b)omit the definition "AT",

(c)omit the definition "external marking agency",

(d)omit the definition "section 87(3)(a) and (b) orders",

(e)omit the definition "specified",

(f)in the definition "the other foundation subjects" for "information and communication technology" substitute "computing",

(g)for paragraph (3) substitute-

"(3) In this Order references to attainment targets and programmes of study are references to the targets and programmes set out in any document (other than the P Scale Document) published by the Department for Education pursuant to an order made under section 87(3)(a) and (b) of the Education Act 2002 for the foundation subjects.".

24.  For article 5 substitute-

"5    Teacher assessment-core and other foundation subjects

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.".

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

Amendment to the Education (National Curriculum) (Attainment Targets and Programmes of Study) (England) Order 2013

26.  In article 2(b) of the Education (National Curriculum) (Attainment Targets and Programmes of Study) (England) Order 2013(6) for "level" substitute "standard".

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004, the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003, the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) Order 2003 and the Education (National Curriculum) (Attainment Targets and Programmes of Study) (England) Order 2013.

The effect of the amendments is two-fold. First, they introduce trials to inform the test materials used in National Curriculum tests at key stages 1 and 2. Second, they replace the concept of National Curriculum "levels" with "standards" and "scores"; and update the Orders to reflect the requirements of the new National Curriculum.

In addition, the Secretary of State may make delegated supplementary provisions about the test materials which can include provisions about the time and manner in which such materials are administered (articles 10 and 21).

A trialling agency will administer trials to pupils in respect of the test materials, in accordance with any delegated supplementary provisions.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.