Select Committee on Merits of Statutory Instruments Twenty-Seventh Report


Instruments Drawn to the special attention of the house


The Committee has considered the following instruments and has determined that the special attention of the House should be drawn to them on the ground specified.

  Education (National Curriculum) (Attainment Targets and Programmes of Study in Art and Design in respect of the Third Key Stage) (England) Order 2008 (SI 2008/1752)

Education (National Curriculum) (Attainment Targets and Programmes of Study in Citizenship in respect of the Third and Fourth Key Stages) (England) Order 2008 (SI 2008/1753)

  Education (National Curriculum) (Attainment Targets and Programme of Study in Design and Technology in respect of the Third Key Stage) (England) Order 2008 (SI 2008/1754)

Education (National Curriculum) (Attainment Targets and Programmes of Study in English in respect of the Third and Fourth Key Stages) (England) Order 2008 (SI 2008/1755)

Education (National Curriculum) (Attainment Targets and Programme of Study in Geography in respect of the Third Key Stage) (England) Order 2008 (SI 2008/1756)

  Education (National Curriculum) (Attainment Targets and Programme of Study in History in respect of the Third Key Stage) (England) Order 2008 (SI 2008/1757)

  Education (National Curriculum) (Attainment Targets and Programmes of Study in Study in Information and Communication Technology in respect of the Third and Fourth Key Stages) (England) Order 2008 (SI 2008/1758)

Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics in respect of the Third and Fourth Key Stages) (England) Order 2008 (SI 2008/1759)

  Education (National Curriculum) (Attainment Targets and Programme of Study in Modern Foreign Languages in respect of the Third Key Stage) (England) Order 2008 (SI 2008/1760)

Education (National Curriculum) (Attainment Targets and Programme of Study in Music in respect of the Third Key Stage) (England) Order 2008 (SI 2008/1761)

Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education in respect of the Third and Fourth Key Stages) (England) Order 2008 (SI 2008/1762)

Education (National Curriculum) (Attainment Targets and Programme of Study in Science in respect of the Third Key Stage) (England) Order 2008 (SI 2008/1763)

Summary: These Orders bring into effect a revised set of programmes of study and Attainment Targets for each National Curriculum subject at key stage 3 and, where applicable, key stage 4. These changes will be implemented alongside other reforms which schools are taking forward, notably changes to A-Levels, piloting functional skills, and the introduction of diplomas. This is clearly a challenging agenda for schools.

These Orders are drawn to the special attention of the House on the ground that they give rise to issues of public policy likely to be of interest to the House.

1.  The Department for Children, Schools and Families (DCSF) have laid these 12 Orders under sections 87(3)(a) and (b) and (5) and 210(7) of the Education Act 2002. An Explanatory Memorandum (EM) and Impact Assessment (IA) common to all 12 Orders have been provided.

2.  The Orders bring into effect a revised set of programmes of study and Attainment Targets for each subject of the National Curriculum in England at key stage 3 and, where applicable, key stage 4. These are the "core" subjects of English, mathematics and science; and the "foundation" subjects of design and technology, Information and Communication Technology, history, geography, modern foreign languages, art and design, music, physical education and citizenship.

3.  DCSF have said that, in March 2005, the Qualifications and Curriculum Authority (QCA) was asked to undertake a review of the key stage 3 curriculum "to give schools the flexibility to meet students' individual needs and strengths more effectively". The revisions now being made follow the completion of that review: "there is now less prescribed content in the programmes of study for each curriculum subject. A sharpened approach to subject study has been introduced, with the emphasis on teaching the essential concepts and skills underpinning curriculum subjects, rather than coverage of detailed lists of content."

4.  QCA ran a national consultation on draft programmes of study for all subjects in the new secondary curriculum from February to April 2007, principally by means of an online survey. DCSF have explained that, in the first four weeks of the consultation, approximately 2,000 people participated by posting their comments online. In addition, in-depth interviews were held with subject specialists and school / curriculum managers; regional events for parents and local authorities were organised; and QCA wrote to schools, local education authorities, governing body organisations, organisations representing school teachers and others to give them notice of the consultation.

5.  DCSF have said that consultation revealed widespread support for the principle of greater curriculum flexibility; and that head teachers and subject leaders were particularly supportive of the changes. Given that the Orders relate to attainment targets, and that in the Impact Assessment the Department point to the need to enhance pupil performance in tests and examinations as an important element in the case for reviewing the National Curriculum, we would have found it helpful if the EM had set out more extensively the way in which the changes made by the Orders are expected to enhance performance. In particular, we would have welcomed more information about consultees' views on the link between greater curriculum flexibility and better performance against attainment targets. This is an issue which the House may look to the Government to explain more fully.

6.  The Department acknowledge that the main issue raised during consultation was whether, given the scale of other reforms scheduled to impact on schools from 2008, implementation might be delayed until 2009, but say that Ministers agreed that implementation of the revised secondary curriculum should continue as planned from September 2008.

7.  In the EM, DCSF give details of the programme of related training and support for the school workforce which began in September 2007 and will continue until at least June 2009. In this regard, the IA contains the calculation that the total cost of staff time to plan and prepare for the new curriculum will be in the order of £36,794,000, based on the assumption that a school will require 50 days for curriculum planners and 3 days for head teachers in extra planning time. DCSF stress that this is not a direct cash cost to Government, but that there is an opportunity cost of using teacher's time for curriculum planning rather than undertaking other activities (such as teaching).

8.  We believe that the House will be interested to see that the Department have now laid these Orders to give effect to a wide-ranging overhaul of the programmes of study for the National Curriculum subjects. It seems clear that the Department, and the Qualifications and Curriculum Authority, have made considerable efforts to involve interested parties in the work of revision which was initiated more than three years ago, in March 2005.

9.  We note that the consultation process highlighted concern about implementing these changes in September 2008, alongside other reforms which schools are taking forward at the same time. The Department have explained that those other reforms include the following:

10.  This is clearly a challenging agenda for schools. We are sure that there is a wide consensus, in schools themselves, in local authorities and in Government, on the need to adapt and improve the education offered to students, and the reforms are all directed to this end. The changes made by the Orders to programmes of study for National Curriculum subjects fit in with this aim, and schools will no doubt make the necessary efforts to implement them in parallel with the other reforms.

11.  As a Committee, we are concerned with the policy delivered through secondary legislation. We have previously expressed concern about the cumulative effect of a number of statutory instruments made in short order on the sector which they seek to regulate, for the volume might prevent the policy objectives from being achieved effectively. The laying of these Orders, as well as of other recent instruments applicable to schools, seems to illustrate our concern. In the autumn, we intend to pursue by conducting an inquiry into the cumulative impact of statutory instruments, using schools as a case study.



 
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