Commentary on Sections Welsh language education delivery plans Section 18 - Minimum amount of Welsh language education: temporary exemption
89.Section 18 makes provision for exempting schools from the requirement to provide the minimum amount of Welsh language education that is required for a school in the “Primarily English language, partly Welsh” category, which is 10% of the education and training provided during school sessions during a school year to pupils of compulsory school age. It is not possible for the governing bodies of schools who set themselves within the “Dual Language” or “Primarily Welsh language” category in their draft delivery plan to apply for a temporary exemption. If a school is unable to provide the minimum required for the “Primarily Welsh language” category, for instance, then it would specify the “Dual Language”" category in its delivery plan until it can provide the minimum amount of Welsh language education required for the “Primarily Welsh language” category.
90.It is possible for a school’s governing body to obtain an exemption if, in preparing its first delivery plan, it considers that it is not reasonably practicable for the school to provide the minimum amount of Welsh language education for a “Primarily English Language, partly Welsh” category school, which is 10% (section 10(2)(c)). Similarly, if a governing body concludes that it is not reasonably practicable for a school to provide the minimum amount of Welsh language education for a “Primarily English Language, partly Welsh” category school after the start of its first delivery plan period, it may propose to amend the plan (under section 16) to reflect this and seek an exemption.
91.In such cases a delivery plan must include additional elements if the school seeks an exemption. Section 18(2)(d) specifically states that a school’s governing body must identify the support it needs in order to provide the minimum amount of Welsh language education. The local authority itself will be subject to the provisions of its local Welsh in education strategic plan (section 30) and the requirement to take all reasonable steps to meet the targets they have been set in the National Framework (section 26). Therefore, in order to meet these provisions the local authority will need to support schools to increase their Welsh language education so that they meet the minimum amount of Welsh language education.
92.As provided in section 15, the local authority is responsible for approving delivery plans. As such, the local authority will decide — by approving the plan — whether the school is exempt from the requirement to provide the minimum amount of Welsh language education. For example, if the local authority considers that there are no reasonably practicable barriers preventing a school from providing the minimum amount of Welsh language education, it may be appropriate for the local authority to give the school a direction to reconsider the delivery plan.
93.Where the local authority approves the scheme, the governing body is exempt from the requirement to provide the minimum amount of Welsh language education required, and the school will be designated a “Primarily English Language, partly Welsh” category school for the time being. The exemption will have effect until the end of the first delivery plan period in accordance with section 18(3)(a). However, in accordance with section 18(2)(c), the governing body must set out by what date it will ensure that the school can provide the minimum amount of Welsh language education. During the temporary exemption period, a school’s governing body is required to take all reasonable steps to implement its proposals which are set out in the delivery plan, which include the proposals to ensure that the school will be able to provide the minimum amount of Welsh language education.