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IntroductionIntroduction
Flexibility at KS4Flexibility at Key Stage 4
CriteriaCriteria for Disapplication
Statutory RequirementsStatutory Requirements
Useful ReferencesUseful References

Introduction
NAAIDT firmly believes design and technology is an essential part of the education of young people at all key stages. D&T is statutory at all 4 key stages and is a vital part of the school curriculum that all children are entitled to. This is no less important at Key Stage 4 than any other phase of education. All students are expected to complete the National Curriculum programme of study for Key Stage 4 as a minimum. For this reason the Secretary of State for Education, David Blunkett's letter to QCA during the revision of the national curriculum in England clearly stated his intention that none of the current subjects be removed from the statutory curriculum. Whilst this remains the case, NAAIDT is aware that some school managers have assumed that widening the scope of disapplication has given justification for disapplying much larger numbers of students than was ever intended.

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Flexibility at Key Stage 4
Schools have substantial flexibility at Key Stage 4 in order to make appropriate provision for pupils to study design and technology. NAAIDT encourages schools to make full use of strategies to increase flexibility such as: (for a full list of available approved qualifications see the DfEE Section 400 list)

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Criteria for Disapplication
The original criteria for disapplication of the national curriculum introduced in September 1998, remain in force, i.e. disapplying individual pupils for extended work-related learning. Two new purposes have subsequently been introduced under section 363 of the Education Reform Act 1988, namely:
  1. In response to pupils' individual strengths and talents, to allow pupils to emphasise a particular curriculum area by exchanging National Curriculum subject(s) for further course(s) in that curriculum area.
  2. To allow pupils making significantly less progress than their peers to study fewer National Curriculum subjects in order to consolidate their learning across the curriculum.
Further guidance has been produced by the DfEE (ref. DfEE Guidance 0084/2000) Additional information is available from QCA. Schools must submit forms to QCA by 31 October each year, showing the arrangements they have made to meet the criteria for disapplication.

Disapplication is an exceptional provision and to be used at the discretion of the Headteacher and governors. They must satisfy themselves that they have met the Section363 regulations in full, including the criteria within them. The decision to move away from the statutory requirement is a significant one and must be made for an individual pupil based on his/her needs.

Parents must be made aware of the decision to depart from the statutory requirement. If a pupil's parents do not agree with the school's decision to disapply a National Curriculum subject from their child's entitlement, they have the right to secure access to the full statutory requirement for their son/daughter. They do not, however, have the same right to secure disapplication. The Criteria require the curriculum plan to be discussed and agreed with the pupil and their parents.

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The Statutory Requirement
The statutory requirement for design and technology remains in place. The starting point for disapplication is from an individual pupil's needs. It is therefore inappropriate to suggest to pupils that, for example, design and technology has the same status as history or art, which may or may not be chosen at Key Stage 4. The expectation must be that pupils will study design and technology and any decision to move away from this must be based on individual need using the criteria provided.

NAAIDT would expect inspectors of schools to check that the regulations and criteria for disapplication are being followed appropriately. Inspectors should check that decisions about disapplication are being made in the interests of individual pupils with specific needs. Where instances of non-compliance with the regulations are found, inspection reports should note this and include a judgement about the impact on the curriculum entitlement of pupils.

Jacqui Smith's letter to the TES, 28th April 2000 provides additional clarification:
"Your report on the Design and Technology Association conference failed to mention that the disapplication of design and technology at Key Stage 4 is designed to be used for individual students in very specific circumstances. It should not be used to allow large numbers of pupils to opt out of the national curriculum. It will be apparent, through normal monitoring, whether it is being used in this way, and we will act to prevent misuse of the system. Design and Technology is, and will remain, a statutory subject at key stage 4. It is an entitlement which develops key skills which prepare children for future life. Denying children that entitlement damages their education and their future prospects. Britain has taken the lead in design and technology education, and we want to keep it that way."

Jacqui Smith
Education minister
DfEE

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Useful References:
Section 363 regulations and guidance, QCA - available on the QCA website - www.qca.org.uk/education3-16
DfEE guidance for school managers 0084/2000 - available on the DfEE website www.dfee.gov.uk/natcurr/disapply Section 400 list giving details of all approved qualifications - available on the DfEE website www.dfee.gov.uk/secton400 Advice and information from the Design and Technology Association (DATA) - available on the DATA website - www.data.org.uk

This viewpoint and other useful information is available on the NAAIDT website. See also our previous viewpoint on "Why D&T should be compulsory at Key Stage 4" - www.naaidt.org.uk

Produced by NAAIDT, 39 Rotherbank Farm Lane, Liss, Hants, GU33 7BJ