HC Deb 20 May 1991 vol 191 cc362-3W
Mr. Alex Carlile

To ask the Secretary of State for Education and Science if he will make it his policy to permit parents to opt out of primary school tests for their children; and if he will make a statement.

Mr. Eggar

Head teachers have a general duty under section 10 of the Education Reform Act 1988 to secure the implementation of the national curriculum in their schools and, consistently with that, must ensure that all pupils eligible for assessment are assessed. Pupils may be excepted only under the following exceptional circumstances.

  1. (a) Where they have a statement of special educational needs which, in conformity with section 18 of the Act, provides for the disapplication or modification of the statutory assessment arrangements in whole or in part.
  2. (b) In cases governed by regulations made by the Secretary of State under section 17 of the Act.
  3. (c) Where a head teacher has made a direction under section 19 of the Act temporarily excepting a pupil from the assessment arrangements in whole or in part. The making of such exceptions is governed by the Education (National Curriculum) (Temporary Exceptions for Individual Pupils) Regulations 1989, and explained further in the accompanying circular 15/89. A parental request for an exception to be made based on the parent's own opposition to testing would not in itself constitute a sufficient ground for such a direction.

The duty to assess pupils under the Education Reform Act 1988 is not overridden by LEAs' duty under section 76 of the Education Act 1944 to have regard, in the exercise of their functions, to the principle that pupils should be educated in accordance with the wishes of their parents.