Assessment and Evaluation
Pursuant to Points e) and f) of Paragraph (1) of Article 19 of the Public Education Act teachers, in connection with the performance of their tasks, are entitled to evaluate students' work and to assess their performance, namely to determine mid-term and end-of-term grades based on students' grades and work throughout the year. When evaluating and assessing student work, teachers have extensive liberty with respect to methods of evaluation and determining grades. During this activity teachers are allowed to develop unique methods or apply individual evaluation and questioning techniques. However, this autonomy is not without limits: its limits are determined by other provisions of the law, among others: the rights of students and parents, as well as the contents of the regulations regarding the operation and internal order of the given institution. (K-OJOG-239/2004.)
Pursuant to Point b) of Paragraph (1) of Article 48 of the Public Education Act, the teaching programs of schools determine local curriculum, and within the framework of this-among others-the requirements and forms of student questioning and examination, as well as the forms of evaluation and assessment of student performance. Within the limits of teacher autonomy, the teacher has the option to consider grades received over the course of the academic year with different weight when determining mid-term and end-of-term grades. Provided that the procedure applied to determine the grade is in adherence with the regulations of the program, it is not considered a violation of rights if the end-of-term grade is not equal to the average of the grades the student received over the academic year. (K-OJOG-471/2004, K-OJOG-544/2004, K-OJOG-604/2004), K-OJOG-673/2004)
Another restriction regarding teacher autonomy is the provision contained in Article 70 of the Public Education Act, in accordance with which the teaching staff reviews the end-of-term grades of certain students within the framework of a grade assessment meeting, and decides whether the student can pass to the next grade based the grades determined by the head teacher. If the end-of-term grade of the student is significantly lower than the average value of grades received during the year, then the teaching staff calls on the teacher in question and requests an explanation, or in justified cases instructs him to change his decision. If the teacher does not change the decision and the teaching staff does not agree with the explanations provided, then based on grades received during the year they can change the grade to a more favourable one.
| A parent made a complaint at our office through a letter, in which he told us that during the 2003/2004 academic year his daughter's math teacher gave her a fail grade and required she take a repeat examination. The parent also complained that the student received a fail grade despite the fact that the mathematical average value of her grades during the year was very slightly higher than the pass grade, furthermore in the second term she received no fail grades and her end-of-term examination was a 2. The parent indicated this problem to the principal prior to the handing out of report cards and according to the parent at the time the principal agreed with him. In spite of all this the student report card featured a failing grade. In his statement, the principal informed us that teaching staff took a vote at the staff meeting and decided to fail the student based on the math teacher's reasons. As it happens they later found out that her average is at a passing grade level. At this point the teaching staff took another vote and once again decided to fail the student. The principal also informed us that the teacher is no longer employed at the school, and that as a result of the incident the school has begun the review and modification of the various aspects of the evaluation system. (Attached to his letter the principal sent us the currently used, as well as the planned evaluation systems.) Our position was the following: In accordance with Paragraph (1) of Article 70 of the Public Education Act, mid-term and end-of-term grades shall be determined on the basis of grades received during the academic year. Taking into account the fact that at the moment the school's teaching program does not contain references to the fact that grades received over the course of the academic year can be considered with different weight when calculating grade average (e.g. end-of-topic exam counts as double, home work as single, etc.); therefore failing students with passing grade averages is a violation of rights pursuant to the above provision of the Public Education Act. In light of the above, we put forward an initiative in which we requested from the principal that in the future the determination of grades be performed in accordance with the Public Education Act and-as authorised by this Act-the teaching program. The principal accepted this initiative. (K-OJOG-594/2004.)
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Pursuant to Article 70 of the Public Education Act, the awardable grades and marks-with the exception specified in the statutes-are the following: in the evaluation and assessment of student knowledge excellent (5), good (4), satisfactory (3), pass (2) and fail (1); in the evaluation and assessment of student behaviour exemplary (5), good (4), variable (3), bad (2); in the evaluation and assessment of student diligence exemplary (5), good (4), variable (3), negligent (2).
Instead of mid-term and end-of-year grades the school's teaching program may prescribe marking different from the above or the application of written evaluations in order to evaluate and assess student performance, behaviour and diligence. If the school does not apply the above, but it becomes necessary for the student due to a change of schools or further education, then the school is obligated to award mid-term and end-of-year grades as well. The regulations regarding the conversion of the marking and evaluation system used by the school into grades must be laid down in the local curriculum. The school's teaching system, however, can determine subjects in which there is no need for the evaluation and assessment of student performance, and furthermore the school may overlook the evaluation and assessment of behaviour and diligence. In contrast, the evaluation and assessment of performance and progress cannot be overlooked in connection with subjects, the requirements of which mandate a state examination or which allow such examinations. Application of different, alternative evaluation methods is possible only within the statutory framework.
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A student wrote to us and asked whether teachers are allowed to award student performance with a 0 grade. We informed the student that pursuant to Points e) and f) of Paragraph (1) of Article 19 of the Public Education Act, teachers, in connection with the performance of their tasks, are entitled to evaluate students' work and to assess their performance during the academic year, as well at mid-term and the end-of-term. In accordance with Article 70 of the above Act, teachers-with the exceptions specified in the statutes-regularly award marks during the academic year to assess student performance and progress, and award grades at mid-term and the end-of-term. The awardable grades and marks-with the exception specified in the statutes-are the following: in the evaluation and assessment of student knowledge excellent (5), good (4), satisfactory (3), pass (2) and fail (1); in the evaluation and assessment of student behaviour exemplary (5), good (4), variable (3), bad (2); in the evaluation and assessment of student diligence exemplary (5), good (4), variable (3), negligent (2). We have informed the student that, since the statutes do not contain the possibility of awarding a 0 grade, therefore the teacher may not use such grades to evaluate student performance. (K-OJOG-353/2004.) |
If at the end of the year the student receives a failing grade, then he or she has the opportunity to take a repeat examination. If the number of failing grades is more then two, then the student can only take the repeat examination with the teaching staff's authorisation, otherwise he or she has to repeat the grade.
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In his petition, a student inquired whether he has any more opportunities to take an examination after he failed his repeat examination. We informed him that pursuant of Paragraph (8) of Article 21 of Decree No. 11/1994 (VI. 8.) MKM of the Ministry of Culture and Public Education if a student receives a failing grade at the end of the academic year, then said student can take a repeat examination. The decree allows the student to take the examination before an independent examination board: if the student wishes to exercise this right, in case of a repeat examination he or she must indicate this within 15 days after receipt of the report card. In such cases students give account of their knowledge before a three-member examination board, of which the teacher employed at the school where the student has a student status cannot be a member. Unsuccessful repeat examinations cannot be retaken. (K-OJOG-707/2004.) |
2004. September 1 st saw the entering into force of amendments of various provisions of the Public Education Act related to evaluation. In accordance with this, in the first-third grades-at mid-term and end-of-term and at mid-term in the fourth grade-teachers have to give a written evaluation of whether the student has performed very well or adequately, or whether the student requires remedial education. The student can progress to a higher grade if he or she has successfully met the prescribed educational requirements. In the first-third grades, students can only be instructed to repeat the grade if they were unable to meet the prescribed educational requirements due to justified and unjustified absences from school. This decree shall be applied-regardless of type of school and grade-with respect to teaching foreign languages as well, in the first grade of teaching the given language.
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In the first term of the academic year, a petitioner asked us which statutory provisions set out that in the first grade of primary school students are not evaluated with marks. We informed the petitioner that pursuant to Paragraph (3) of Article 70 of the Public Education Act, instead of mid-term and end-of-term grades the school's teaching program may prescribe marking different from the above or the application of written evaluations in order to evaluate and assess student performance, behaviour and diligence. The school's teaching system, however, can determine subjects in which there is no need for the evaluation and assessment of student performance, and furthermore the school may overlook the evaluation and assessment of behaviour and diligence. The above clearly shows that, at the time the above question was posed (before 1 September 2004), there was no binding statutory provision in force regarding the fact that evaluation and assessment with marks cannot be applied in the first grade. Wee have informed the petitioner that the evaluation and assessment system of the given school is contained in the said school's teaching program. This teaching program also contains detailed information regarding applied educational methods. (K-OJOG-463/2004.) |
A further restriction of teachers' autonomy is their obligation to provide information. In accordance with Point b) of Paragraph (1) of Article 14 of the Public Education Act, parents are entitled to regu lar, detailed and meaningful information on the progress of their children, furthermore, pursuant to Point f) of Paragraph (7) of Article 19 of the Act teachers are also required to provide regular information to students and par ents on the issues which are of concern for them. What all this means, is that teachers are required to inform the students and parents about the grades determined, in a manner and at the time specified in institutional regulations.
The provisions of public education institutions in terms of operation, and internal and external relationships are laid down in its rules of operation and organization. This document contains the rules for informing parents about assessment and evaluation, including the manner in which parents are informed of the principles of evaluation laid down in the educational program, the method of calculating grades, the deadline for examination correction and rules regarding the viewing of theses exams. The right of parents to sufficient information is impaired if they are not provided with adequate information concerning the principles of assessment, or the method of calculation of marks, or grades given mid-term or end-of-term. Our experience shows that the root of conflicts between parents and the school are found in a lack of sufficient information, and this is why it is important that parents and students are familiar with school documents. These documents contain the rules for testing, the system of assessment, subject-specific require ments and the conditions of progress. By making the educational program, the rules of operation and organisation, and house rules public, later complaints can be avoided.
The Public Education Act separately names the rights of students and parents to receive adequate information in order to enforce their educational rights. Pursuant to the provisions of Point e) of Paragraph (1) of Article 11 of the Act, it is the special right of students to have access to the information necessary to exercise their rights. Pursuant to Point a) of Paragraph (1) of Article 14 of the Act, it is parents' right to learn about the teaching and education programs of educational institutions, and to receive information regarding the contents of these programs. Therefore, the teaching program must be made publicly available. According to Paragraph (1) of Article 8 of Decree No. 11/1994 (VI. 8.) of the Ministry of Culture and Public Education, the school must display house rules in such a way that it is easily accessible by both students and parents. (K-OJOG-289/2004, K-OJOG-310/2004)
The proper and legal keeping of documents recording the student's development and academic progress are indispensable prerequisites for the enforcement of the right to receive information since these documents represent a key form of implementing the right in question. The legal keeping of documents is a safeguard from another perspective as well. Among the school's documents, the class book is of key importance. The accurate keeping of this book allows for the control of the fulfilment of each of the student's obligations, e.g. the obligation to attend school, and the obligation to study. Report books are another key document of school life. Their contents must be in line with the class book, with particular emphasis on these books being the primary source of information available to parents on class book contents.
Pursuant to the statutes, parents and children have rights to legal remedy against the unlawful decision of a teacher related to assessment and evaluation . Paragraph (2) of Article 83 of the Public Education Act states that students or parents may launch proceedings in students' interest with respect to decisions made by the school concerning the assessment and evaluation of the student performance. These proceedings must be started no later than within fifteen days from notification of the parent, or in the absence of such notification, within fifteen days from receipt of information. Proceedings may be launched only if the school decision was not deliberated in accordance with the contents of the local curriculum applied by the school or if the course of action was unlawful or violated the provisions concerning the legal status of students. With respect to the petition submitted on legal grounds , the representative of the maintainer is responsible. (K-OJOG-278/2004, K-OJOG-518/2004)
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