Assessment and Evaluation
The assessment and grading of academic performance, behaviour and diligence is a concomitant of the day-to-day educational activities of a school and at the same time represent a central issue. The grades awarded at the end of terms and school years, based on the pupils' performance during the school year, represent key decisions made by the school. With these, the institution makes decisions on the future of pupils. Therefore, the decisions relating to assessment are in the centre of the attention of educational participants. This is indicated by the large number of queries and complaints about this issue received by our Office year by year.
Pursuant to Sections e) and f) of Paragraph (1) of Article 19 of the Public Education Act, in their work, teachers have a right to assess the work of pupils and grade their performance during the school year and at the end of terms and school years. Teachers have a great degree of freedom in the assessment and grading of the pupils' performance. However, this autonomy is not unlimited, and the limits are defined by other provisions of the same act, including the ones concerning the rights of parents and pupils, and the regulations on the operation and internal order of the institution. Under the law, such regulations must be public and accessible to all parents and pupils for their information on a wide range of issues.
The rules of organisation and operation and the pedagogical programme contain compulsory requirements for a number of aspects of assessment. Pursuant to Article 14 of the Public Education Act, parents have a right to receive detailed and substantial information on the development, behaviour and academic progress of their children, and advice or help them in the upbringing of their children, on a regular basis. Accordingly, teachers must regularly provide information on the grades awarded to pupils and the parents of pupils who are minors. Information may be provided partly in person and partly by entering the grades into the class book and the pupils' grade booklet in a timely manner. The school's obligation to provide information includes providing access to tests and papers. In order to ensure that the pupils can make up for the gaps in their knowledge with the help of their parents, this provision of access should not be restricted to looking at or studying the tests or papers in the school, at a given time. Access must include taking hold of the tests and papers in question, in other words copies must be provided upon the parent's request. (K-OJOG-677/2003., K-OJOG-859/2003.)
Information must be regular and must reflect facts. The class book and the grade booklet will not give a true picture of performance unless grades are entered immediately after being awarded.
| A parent complained that the entries made into the class book in May contained the grade 'unsatisfactory' (1), although his child was ill all that month, and was absent from school. The head of the institution declared that the parent should have seen that mark in April, when the class book was shown to him in a face to face conversation, as the 'unsatisfactory' mark was given for earlier performance. It was entered into the May column only because the April column was full already.
We established that, if grades must be entered into different, dedicated columns in the class book every month, entering a grade into the incorrect column would represent misinformation. Misinformation - i.e. entering grades into the May column in April - would diminish the credibility of the class book, and such entries would be an infringement of the parents' and pupils' right to information, as they do not reflect facts. On the initiative of the parent, the deficiencies of maintaining the class book was investigated by a notary, and as a follow-up, the head of the institution held a staff meeting to remind the teachers of the importance of the correct maintenance of the class book. The teachers were also informed that the principal would check the class books in the future. In view of this, we did not issue an initiative in this case. (K-OJOG-427/2003.)
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The time and manner of providing information is not regulated by the law only. In their rules of organisation and operation, institutions must define the form and procedure of the regular information of pupils in detail.
| A parent inquired about the time period allowed for correcting tests and the deadline for entering grades into the class book. The parent was informed that these issues are governed by the rules of organisation and operation of the institution. (K-OJOG-22/2003.)
The same information was given to a pupil who asked whether it was a statutory requirement to inform the parents one month before the end of the school year if a pupil's performance suggested that the pupil would have to repeat a year. The parents of a few pupils who were in the same class as the pupil submitting the query received such notifications, and the pupil submitting the query wanted to know if the lack of notification could mean that he would not fail. (K-OJOG-419/2003.)
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Teachers may develop individual methods for assessment and grading, and may use special evaluation techniques but, naturally, these must comply with the requirements of the law and the pedagogical programme of the institution. (K-OJOG-97/2003.)
| A pupil asked the Office if there were any regulations on whether a teacher may give different tests to different groups of pupils within the class. The pupil was informed that the law did not contain any provisions concerning that, nevertheless giving different tests to different groups of pupils may be a lawful way of assessing their knowledge. (K-OJOG-89/2003.)
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When an individual method of assessment is used, it is important to ensure the thorough information of pupils and parents on the criteria and assessment principles used by the teacher. However, methods that are in conflict with the rules applying to the pupils' legal status must not be applied even if detailed, substantial and timely information is given thereof. Pursuant to Paragraph (1) of Article 70 of the Public Education Act, teachers assess the performance and progress of pupils by giving grades on a regular basis in the course of the school year. This, however, also means that teachers may give grades to assess performance or progress only. Furthermore, the law states that grades may not be used as a disciplinary tool in the assessment of the achievements or diligence of pupils. Grades that reflect other aspects of compliance with the duties of the pupil instead of their performance are unlawful in every case.
| A parent complained that his child's history teacher gave the mark 'unsatisfactory' to those who were not present at the time of writing a test. The teacher entered these grades into her notebook, and the pupils concerned could improve them within thirty days. If the pupils did not use this opportunity, the grade was entered into the class book. At the beginning of each school year, the teacher informed the parents of the above methods of assessment through a note in the pupils' notebook. In the case of the petitioner's child, several 'unsatisfactory' marks were entered into the class book this way, because the child was unable to improve them within thirty days due to his frequent absences.
We established that the above method of assessment was unlawful, as the grade did not reflect performance but only recorded the pupil's absence. In this case, there was an infringement in spite of the fact that the pupils and the parents received detailed information of the principles of assessment and grading in due time. The head of the institution accepted the initiative we issued in the case. (K-OJOG-98/2003.)
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Under Paragraph (4) of Article 48 of the Public Education Act, the forms, procedures and limitations of written tests and papers and their role in the assessment of pupils must be defined in the local curriculum, as part of the pedagogical programme of the school. Consequently, an educational institution may organise year-end examinations, mock secondary school-leaving examinations or any other from of assessment not regulated in the Public Education Act, provided that they are provided for in these regulations. In such case, the local curriculum must specify to what extent the results of these contribute to the year-end grades. (K-OJOG-305/2003., K-OJOG-383/2003., K-OJOG-400/2003.)
Another limitation of teachers' autonomy is provided in Article 70 of the Public Education Act, whereby the year-end grades of all pupils must be reviewed by the teaching staff in a meeting where decisions are made on the pupils' moving into the next year of school on the basis of the grades awarded by the teachers of the subject and the class teachers. If the year-end grade is materially worse than the average of the grades awarded in the course of the school year, the teaching staff must invite the teacher concerned to provide an explanation, and change the initial decision if needed. If the teacher refuses to change the initial decision, and the teaching staff cannot accept the explanation, the year-end grade is amended on the basis of the grades awarded during the school year, for the benefit of the pupil in question. (KOJOG-278/2003., K-OJOG-23/2003.)
Several parents contacted us to ask what they can do when they feel that a teacher is biased and systematically undervalues the performance of a pupil. We informed these parents that the Public Education Act provided for an opportunity for pupils to take an examination before an independent board of examiners. (K-OJOG-370/2003., K-OJOG-569/2003., KOJOG-9/2003.) Such examinations, which may take place in the course of studies, are organised by institutions designated by the National Public Education Evaluation and Examination Centre. In these examinations pupils may demonstrate their knowledge before a board of examiners comprising three members. Teachers who teach in the school which has established a legal relationship with the pupil may not be members of such boards of examiners. This may be a solution in the cases where the parents complain about the way a teacher gives grades and presume the existence of a personal conflict or some prejudice in the background. Therefore, it may be useful for schools to give information on the opportunity and rules of examinations before an independent board of examiners.
Examinations before an independent board of examiners may include examinations to establish an end-of-term grade or a year-end grade and examinations to improve an 'unsatisfactory' year-end grade (fail). Under Decree 11/1994 (VI. 8.) MKM of the Minister of Education and Culture on the operation of educational institutions, applications for such examinations must be submitted - signed by a parent, in case of minors - not later than thirty days prior to the last day of the term in case of examinations to establish grades, or within fifteen days after receiving the year-end report in case of examinations to improve grades. Content
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