The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004

Moderation of Assessments

6.—(1) The local education authority (referred to in this article as “the moderating authority”) shall make provision for moderating teacher assessments in respect of the schools which they maintain.

(2) The moderating authority shall exercise the functions conferred by this article in relation to each of reading, writing and mathematics and—

(a) subject to paragraph (3), in each school year in relation to at least 25% of all relevant schools;

(b) in each school year, in relation to those schools in relation to which moderation took place in the preceding school year and in the opinion of the moderating authority, having regard to the results of that moderation, a further moderation should be made.

(3) For the purposes of paragraph (2)(a)—

(a) moderations carried out pursuant to paragraph (2)(b) shall not count towards the 25% minimum;

(b) the moderating authority shall so exercise its functions as to secure that in any period of four years moderations have been completed in relation to all relevant schools.

(4) For the purposes of paragraphs (2) and (3), “relevant schools” are all the schools maintained by the moderating authority.

(5) On a request by the moderating authority, the head teacher shall provide them with the results of teacher assessments of such number or proportion of pupils and in such subjects or attainment targets in subjects as they may require, together with the supporting material referred to in paragraph (6) to enable the moderating authority to moderate the assessments.

(6) The supporting material consists of examples of work produced by the pupil in the course of the school year, the pupil’s standard task assessment results, the pupil’s written response to the standard tasks, any evidence required in accordance with article 4(6) and such further material as the moderating authority may reasonably require.

(7) If after moderation the moderating authority considers that the results of the teacher assessments are accurate, they shall so notify the head teacher, and the attainment levels of all pupils at the school determined by teacher assessments (whether or not moderated) shall be the levels for the subject in question.

(8) If after moderation the moderating authority consider that any of the results of the teacher assessments are inaccurate, they shall so notify the head teacher and, if the moderating authority so request, the head teacher shall as soon as practicable—

(a) arrange for the results considered to be inaccurate, together with such other results as that authority may request, to be reconsidered by the teachers concerned and subsequently submitted to the moderating authority for moderation; and

(b) provide the moderating authority with the results of the teacher assessments of all other pupils in the subject in question which have not been moderated, together with the supporting material referred to in paragraph (6) for moderation.

(9) Where any level of attainment determined by the moderating authority differs from the level determined by a teacher assessment, the level determined by the moderating authority after moderation shall be the level of attainment.

(10) It shall be the duty of the head teacher and the governing body—

(a) to permit the moderating authority to enter the premises of the school at all reasonable times in order to observe the implementation of the arrangements specified by this Order;

(b) to permit the moderating authority to inspect and take copies of documents and other articles relating to teacher assessment; and

(c) to provide to the moderating authority such information relating to assessment as they may reasonably request.

(11) For the purpose of exercising their functions under this article the moderating authority shall appoint such competent persons as they think fit.

(12) A person is not competent for the purposes of paragraph (11) unless he has recent experience of the provision of the National Curriculum for England in primary schools.