REGULATORY APPRAISAL

EDUCATION

THE EDUCATION (SCHOOL DAY AND SCHOOL YEAR) (WALES) (AMENDMENT) REGULATIONS 2006

Background 1. All schools are entitled to utilise a maximum of 10 school sessions (5 days) each academic year for the purpose of training, these days are referred to as ‘Core INSET days’. The National Assembly does not direct schools or Local Education Authorities in how these core INSET days should be utilised.

2. The Education (School Day and School Year) (Wales) Regulations 2003 provided for specified numbers of school sessions in the 2003-04, 2004-05 and 2005-06 school years devoted to specified forms of teacher training to count as sessions on which the school met (INSET days). For the 2005-06 school year one additional INSET day was provided in that year for transition. The initial guidance provided by the Welsh Assembly Government proposed that priority be given to Key Stage 2 – Key Stage 3 (KS2-KS3) transition. The 2003 Regulations do not provide for any additional INSET days beyond academic year 2005/06. Feedback from schools and local authorities confirm that they have welcomed the additional provision and that alongside the materials provided by ACCAC and as part of the Aiming for Excellence programme, it has provided the catalyst for local initiatives to improve transition.

Purpose and intended effect of the measure 3. The proposed amending Regulations will provide for an additional 2 INSET days (4 sessions) in academic years 2006-07 and 2007-08 to count as school sessions if they are devoted to provision of certain forms of training. Broadly, the forms of training, which count are training related to:

• the preparation and implementation of plans aimed at facilitating the transition of pupils between key stages and between primary school and secondary school, allowing cluster schools to come together and aid staff development;

• forthcoming changes to the National Curriculum to include moderation of teacher assessments following the removal of the statutory National Curriculum tests and the implementation of the Year 5 skills assessments; and

• the Assembly’s plans for extending learning options for 14-19 year olds where schools will be working with other learning settings to extend the range of options available to 14-19 year-olds to provide applied and general options to develop a comprehensive learning pathway (14-19 agenda).

4. These days will be defined so that they may be used flexibly by schools to meet needs in relation to transition arrangements, arising from changes to the school

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curriculum, and assessment arrangements and to support the development of the 14 – 19 agenda.

Risk Assessment 5. If these Regulations are not made there would be increased pressure on schools due to the changes to assessment arrangements and expansion of the 14 – 19 agenda.

Options

Option 1: Do Nothing 6. Not implementing this legislation will result in increased pressure on schools in the 2006-07 and 2007-08 academic years. This is due to the volume of change scheduled to impact in 2008 with changes to the curriculum, to assessment arrangements and the commitment to implement Year 5 Skills Assessments, which are still being worked on by ACCAC for full implantation by 2008. These assessments will support the development of skill profiles that can be used to identify for individual pupils aspects of skills that need further development, thus representing significant challenges for schools. Additionally, there will be pressure on schools during this period in relation to the expanded 14 – 19 agenda.

Option 2: Make the Legislation 7. This would mean that the pressures, referred to in paragraph 6 above, would be supported by the provision of 2 additional INSET days in the 2006-07 and 2007- 08 academic years. Schools will be able to utilise these additional days in the most appropriate manner helping them to move to the new curriculum and assessment arrangements.

Costs 8. There are no financial implications for the Assembly, Local Education Authorities, or schools arising from these Regulations.

Consultation

With Stakeholders 9. A consultation was undertaken from 21 November 2005 to 27 January 2006, setting out proposals for two additional INSET days in each of the academic years 2006-07 and 2007-08. The consultation was made available to the public and Assembly Members via the Assembly Department for Training and Education website http://www.learning.wales.gov.uk Copies were sent to Governing Bodies and headteachers of maintained schools in Wales, Local Education Authorities, Teacher Unions and Schools. A list of consultees is attached at Annex A.

10. A total of 37 responses were received. Overall respondents welcomed the proposed amendments to the 2003 Regulations.

11. The majority (94%) agreed that schools needed additional INSET time, over and above the 5 core days currently provided. 97 percent agreed that schools would

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need at least 2 additional days. Whilst, some respondents felt that a case could be made for more than this.

12. 100 percent of respondents agreed that the 2 additional days should be utilised to meet local needs in relation to the specific policy developments. Over 90 percent agreed that these days be devoted for training in connection with the four policy areas (transition, national curriculum planning, changes to assessment arrangements and implementation of the 14 – 19 agenda).

13. There were no responses from individual Assembly Members.

With Subject Committee 14. These Regulations were notified to the Education and Lifelong Learning (ELL) Committee, via the list of forthcoming legislation, on 21 September 2005 (ELL(2)09-05(p.5), item no: ELL-57-05), but were not identified for detailed scrutiny.

Review 15. The life of these proposed Regulations is limited to two academic years. Therefore, the need for any additional INSET days in future years would require new Regulations.

Summary 16. These Regulations will provide for an additional 2 INSET days in academic years 2006-07 and 2007-08 to support schools in the move to the new transition arrangements, arising from changes to the school curriculum and assessment arrangements, and to support the development of the 14-19 agenda.

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ANNEX A

Consultees for the Consultation on the Proposed amendments to the Education (School Day and School Year) (Wales) Regulations

• Governing bodies and head teachers of maintained schools in Wales; • Local Education Authorities; • teacher unions and school representative bodies; • church diocesan authorities; • national bodies in Wales with an interest in education.

The consultation was made available on the Assembly’s Education website: http://www.learning.wales.gov.uk

Responses

A total of 37 responses were received either electronically or in hard copy form by the end of the consultation period.

Overall, the response was positive. Most respondents welcomed the proposed amendments to the Education (School Day and School Year) (Wales) Regulations 2003.

Respondents

Primary Schools

Name Local Education Authority

Heulfre Junior School Denbighshire Mynyddygarreg School Carmarthenshire Creigiau Primary School Allensbank Primary Cardiff Pentwynmawr Primary School Caerphilly Glyncoed Primary School Blaenau Gwent Fairoak Nursery Newport Terrace Road Primary School Swansea Nantgaredig Primary Carmarthenshire Copperworks Infant/Nursery Carmarthenshire Kitcher Primary School Cardiff Glyncoed Junior School Cardiff

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Secondary Schools

Name Local Education Authority

Rumney High School Cardiff Tredegar Comprehensive Blaenau Gwent Oakdale Comprehensive Caerphilly Brynmawr School Blaenau Gwent St Julian’s School Newport Glan-y-Mor Comprehensive Carmarthenshire St Teilo’s Church in Wales Cardiff Bassaleg School Newport Cardiff Ysgol Gyfun Penweddig Ceredigion

Special School

Name Local Education Authority

Ysgol Heol Goffa Carmarthenshire Riverbank School Cardiff Ysgol Pendalar Gwynedd

Local Education Authorities

Denbighshire Cardiff

Other Organisations

National Autistic Society National Association of Head Teachers Wrexham Learning & Achievement Department Estyn UCAC NUT Cymru

In addition 1 further response to the consultation was received but the individual either wished to remain anonymous or did not give address details.

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