Part of 2. Questions to the Minister for Education and Welsh Language – in the Senedd at 2:53 pm on 26 January 2022.
Thank you. As you're aware, and as you have explained, the Curriculum and Assessment (Wales) Act 2021 is the legislation that sets out the legal framework for the new curriculum, and on the surface it has very inclusive aims, stating for example in section 28 that:
'The adopted curriculum must be implemented in a way that—
'(a) enables each pupil to develop in the ways described in the four purposes,
'(b) secures teaching and learning that offers appropriate progression for each pupil,
'(c) is suitable for each pupil's age, ability and aptitude,
'(d) takes account of each pupil's additional learning needs (if any), and
'(e) secures broad and balanced teaching and learning for each pupil.'
In the first part of the Act, it refers to each learner and states that learner needs will be accounted for within the curriculum. However, the legislation then goes on to state that, for children with additional learning needs, these sections, 27 to 30, disapply in relation to them. As a result, the legislation that sets out to apply to all learners, and specifically mentions ALN, is then subsequently disapplied or modified for learners with ALN, with the potential to become exclusionary and betray a deficit value for these learners. With this in mind, can the Minister explain why those with additional learning needs have sections 27 to 30 outlining how the legislation applies to every other learner disapplied to them? Thank you.