Commentary on Sections Pupil Referral Units (PRUs) Section 50 – Curriculum requirements
109.This section requires the local authority, the management committees (if there is one*) and the teacher in charge of a PRU to exercise their functions so as to ensure that the PRU has a curriculum which complies with requirements set out in subsections (2) to (5). It also requires the teacher in charge of the PRU to publish a summary of that curriculum, or to arrange for it to be published.
110.*Under paragraph 15 of Schedule 1 to the 1996 Act, the Welsh Ministers may make regulations requiring local authorities to establish management committees for PRUs. The regulations may include provisions about the membership and functions of the committees. Whilst the Welsh Ministers have made regulations requiring local authorities to establish management committees, the 1996 Act does not require them to retain management committees. The Welsh Ministers may decide, in future, to revoke the regulations without replacing them, which will mean that PRUs will no longer have management committees. The references throughout this Part to “the management committee (if there is one)” allows for this possibility.
111.In a maintained school, the head teacher must design a curriculum for the school and the head teacher and governing body must then adopt it. It then falls to the head teacher to implement that curriculum for each pupil at the school.
112.Subsection (1) takes a different approach for PRUs. Here, the local authority, the management committee and the teacher in charge of a PRU must all exercise their functions so as to ensure that there is a curriculum for the unit that complies with the requirements sets out in subsections (2) to (5). It then falls to the teacher in charge of the unit to implement that curriculum for each pupil at the unit.
113.There are certain differences between the curriculum requirements for maintained schools and PRUs. These reflect the particular challenges of providing teaching and learning in PRUs, as compared to maintained schools, and the particular needs of pupils attending these units.
114.There are a range of reasons why children may attend PRUs, rather than maintained schools. These reasons may include illness, refusal to attend school or having very challenging behaviour associated with social, emotional and behavioural difficulties. Pupils at PRUs have often missed extended periods of education and have gaps in their learning. They may also have low self-esteem and lack confidence, and many have low aspirations for their future. For these reasons, the curriculum requirements for pupils at PRUs are not the same as for those at maintained schools. While PRUs are concerned with educational progress, the teaching and learning at PRUs must also focus on helping these pupils to address and overcome barriers which prevent them from accessing mainstream provision and from participating in education.
115.Subsection (2) therefore requires the local authority, the management committee and the teacher in charge of a PRU to exercise their functions so as to ensure there is a curriculum that:
	enables pupils to develop in the ways described in the four purposes;
	provides for appropriate progression for pupils;
	is suitable for pupils of differing ages, abilities and aptitudes;
	is broad and balanced so far as appropriate for pupils;
	provides for teaching and learning that:encompasses the Health and Well-being area of learning and experience;encompasses the mandatory element of RSE in a developmentally appropriate way; anddevelops the cross-curricular skills; and
	if it is reasonably possible and appropriate, provides for teaching and learning in the other areas of learning and experience and the other mandatory elements.
116.A PRU curriculum does not have to encompass all the areas of learning and experience and all the mandatory elements. It must encompass the Health and Well-being area of learning and experience and the mandatory element of RSE, but the intention is to allow PRUs to decide what is reasonably possible and appropriate to provide in terms of teaching and learning in other areas of learning and experience and other mandatory elements.