Citation, commencement and application_I1

1.—(1) This Order may be cited as the Education (National Curriculum)(Attainment Targets and Programmes of Study)(England) Order 2013 and comes into force on 1st September 2014.

(2) This Order applies in relation to England only.

Interpretation_I2

2. In this Order—

[^F1 (aa) “the engagement model” means the document published by the Department for Education on [^F2 15th April 2024 ^F2] entitled “The engagement model”; ^F1]

(a) “the Framework Document” means the Document published by the Department for Education on [^F3 2nd December 2014 ^F3] entitled “The National Curriculum in England – Framework Document”; and

[^F4 (b) “NC standards of attainment” means the National Curriculum standards of attainment described in any document (other than the pre-key stage standards document for key stage 1, the pre-key stage standards document for key stage 2 and the engagement model) published by the Department for Education pursuant to an order made under section 87(3)(a) or (b) of the Education Act 2002 for the foundation subjects, setting out any attainment targets and programmes of study for each of those subjects;

(c) “the pre-key stage standards for key stage 1” means the standards set out in the document published by the Department for Education on [^F5 15th April 2024 ^F5] entitled “Pre-key stage 1: pupils working below the national curriculum assessment standard”;

(d) “the pre-key stage standards for key stage 2” means the standards set out in the document published by the Department for Education on 23rd July 2020 entitled “Pre-key stage 2: pupils working below the national curriculum assessment standard”;

(e) “the relevant key stage” means—

(i)the first key stage, where section 82(1)(a) of the Education Act 2002 applies to a pupil;

(ii)the second key stage, where section 82(1)(b) of the Education Act 2002 applies to a pupil;

(f) “special educational needs” is to be interpreted in accordance with section 20(1) of the Children and Families Act 2014 . ^F4]

Specification of attainment targets and programmes of study_I3,I4

3.—(1) Subject to articles 5 and 6, in relation to any pupil who is in the first key stage(2) on or after 1st August 2014, it is directed that the provisions relating to attainment targets and programmes of study(3) set out in the Framework Document have effect for the purposes of specifying attainment targets and the programme of study for the first key stage in relation to English, mathematics, science, art and design, computing, design and technology, geography, history, music and physical education.

(2) Subject to articles 5 and 6, in relation to any pupil who is in the second key stage on or after 1st August 2014, it is directed that the provisions relating to attainment targets and programmes of study set out in the Framework Document have effect for the purposes of specifying attainment targets and the programme of study for the second key stage in relation to English, mathematics, science, art and design, computing, design and technology, a foreign language, geography, history, music and physical education.

^F6(3) ... In relation to any pupil who is in the third key stage on or after 1st August 2014, it is directed that the provisions relating to attainment targets and programmes of study set out in the Framework Document have effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to English, mathematics, science, art and design, citizenship, computing, design and technology, geography, history, a modern foreign language, music and physical education.

(4) In relation to any pupil who is in the fourth key stage on or after 1st August 2014, it is directed that the provisions relating to programmes of study set out in the Framework Document have effect for the purposes of specifying the programme of study for the fourth key stage in relation to citizenship, computing and physical education.

[^F7 (5) In relation to any pupil who is in the first year of the fourth key stage on or after 1st August 2015 but before 1st August 2016, it is directed that the provisions relating to programmes of study set out in the Framework Document have effect for the purposes of specifying the programme of study for the fourth key stage in relation to English and mathematics.

(6) In relation to any pupil who is in the fourth key stage on or after 1st August 2016, it is directed that the provisions relating to programmes of study set out in the Framework Document have effect for the purposes of specifying the programme of study for the fourth key stage in relation to English and mathematics.^F7]

[^F8 (7) In relation to a pupil in the first year of the fourth key stage on or after 1st August 2016 but before 1st August 2017, it is directed that the provisions relating to programmes of study set out in the Framework Document have effect for the purposes of specifying the programme of study for the fourth key stage in relation to science.

(8) In relation to a pupil in the fourth key stage on or after 1st August 2017, it is directed that the provisions relating to programmes of study set out in the Framework Document have effect for the purposes of specifying the programme of study for the fourth key stage in relation to science.^F8]

4. For the purposes of this Order, the examples and other passages printed within square brackets or indicated as being “non-statutory” in the Framework Document (which serve to illustrate the programmes of study described or relate to background information) do not form part of the provisions relating to attainment targets and the programmes of study referred to in article 3.

[^F9 5.—(1) In relation to any pupil who—

(a) is in the first key stage;

(b) has special educational needs;

(c) is working at a standard below the NC standards of attainment for the first key stage; and

(d) is engaged in the study of English reading, English writing or mathematics,

the pre-key stage standards for key stage 1 must be used for the purposes of specifying the attainment targets of that pupil in each subject referred to in sub-paragraph (d) that that pupil is studying.

(2) In relation to any pupil who—

(a) is in the second key stage;

(b) has special educational needs;

(c) is working at a standard below the NC standards of attainment for the second key stage; and

(d) is engaged in the study of English reading, English writing or mathematics,

the pre-key stage standards for key stage 2 must be used for the purposes of specifying the attainment targets of that pupil in each subject referred to in sub-paragraph (d) that that pupil is studying.

(3) In relation to any pupil who—

(a) is in the first or second key stage;

(b) has special educational needs;

(c) during the relevant key stage, is working at a standard below the NC standards of attainment for the relevant key stage; and

(d) is not engaged in the study of English reading, English writing or mathematics,

the engagement model must be used for the purposes of specifying the attainment targets by way of specifying the achievements and progress of that pupil in the areas of engagement identified in the engagement model.

(4) In relation to any pupil—

(a) who is in the first key stage; and

(b) to whom paragraph (1) or (3) applies,

there is no requirement to specify attainment targets in relation to science, art and design, computing, design and technology, geography, history, music and physical education.

(5) In relation to any pupil—

(a) who is in the second key stage; and

(b) to whom paragraph (2) or (3) applies,

there is no requirement to specify attainment targets in relation to science, art and design, computing, design and technology, a foreign language, geography, history, music and physical education.^F9]

Revocation and savings_I5

6.—(1) Subject to paragraphs (2) and (3), the instruments set out in column 1 of the Schedule are revoked.

(2) The Education (National Curriculum)(Attainment Targets and Programmes of Study in English)(England) Order 2000(4), the Education (National Curriculum)(Attainment Targets and Programmes of Study in Mathematics)(England) Order 2000(5) and the Education (National Curriculum)(Attainment Targets and Programmes of Study in Science in respect of the First, Second, Third and Fourth Key Stages)(England)(No 2) Order 2004(6) continue to have effect in relation to any pupil who—

(a)is in the final year of the first key stage before 1st August 2015 for the purposes of specifying the attainment targets and programmes of study for the first key stage in relation to English, mathematics and science;

(b)^F10is in the final year of the second key stage before 1st August 2015 for the purposes of specifying the attainment targets and programmes of study for the second key stage in relation to English, mathematics and science; ...

(c)is in the fourth key stage before [^F111st August 2016^F11] for the purposes of specifying the programmes of study for the fourth key stage in relation to science [^F12; or

(d)is in the final year of the fourth key stage on or after 1st August 2016 but before 1st August 2017 for the purposes of specifying the programme of study for the fourth key stage in relation to science^F12] .

[^F13 (3) The Education (National Curriculum)(Attainment Targets and Programmes of Study in English in respect of the Third and Fourth Key Stages)(England) Order 2008 and the Education (National Curriculum)(Attainment Targets and Programmes of Study in Mathematics in respect of the Third and Fourth Key Stages)(England) Order 2008 continue to have effect in relation to any pupil who—

(a)is in the fourth key stage before 1st August 2015 for the purposes of specifying the programme of study for the fourth key stage in relation to English and mathematics; or

(b)is in the final year of the fourth key stage on or after 1st August 2015 but before 1st August 2016 for the purposes of specifying the programme of study for the fourth key stage in relation to English and mathematics.^F13]

Article 6

SCHEDULE INSTRUMENTS REVOKED _I6