Assessment and Evaluation
The assessment and evaluation of a student's performance based on the grades awarded at the end of terms and school years represent one of the key issues in terms of the educational, teaching activities of schools. Decisions related to evaluation are key issues for students and parents, because students' chances to continue their studies largely depend on these grades. The significance of evaluation is also underscored by the large number of queries and complaints about this issue received by our Office every year.
Many parents contact us, because they feel that the methods used to evaluate students' performance are inadequate. In connection with this, parents often feel that their children do not receive enough credit, or good enough grades for their performance. Pursuant to Points 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 students 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 students' 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 students and the rules of operation and internal regulations of the institution. Under the law, such regulations must be public and accessible to all parents and students for their information .
The rules of organisation and operation and the pedagogical programme contain compulsory requirements for a number of assessment related aspects . 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 students and the parents of minor students. Failure to provide regular information may result in an infringement regardless of the grade awarded. Information may be provided partly in person and partly by entering the grades into the class book and the students' grade book in a timely manner. The school's obligation to provide information includes providing access to tests and papers . However, in order for the parent to be able to make up for the shortcomings of the student, this access may not be restricted to studying and examining the tests within a limited timeframe at the premises of the school. Access must necessarily include the possession of the test, i.e. a copy thereof must be rendered available to the parent upon their request and at their cost. 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 . The time and manner of providing information are not regulated by statutory provisions only. In their rules of organisation and operation, institutions must define the form and procedure for regularly informing students in detail.
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 . When an individual method of assessment is used, it is important to ensure that students and parents are thoroughly informed on the criteria and assessment principles used by the teacher. However, methods that are in conflict with the rules of student's legal status must not be applied even if detailed, substantial and timely information is given thereof . When Paragraph (1), Article 70 of the Public Education Act states that teachers assess the performance and progress of students by awarding grades on a regular basis in the course of the school year, then it also states that teachers may award grades to assess performance, progress only . Furthermore, the relevant statutory provisions also state that grades may not be used as a disciplinary tool in the course of the evaluation of the performance or diligence of students . Grades that reflect other aspects of compliance with the duties of the student instead of their performance are unlawful in every case. (K-OJOG-195/2006, K-OJOG-301/2006, K-OJOG-455/2006)
Under Paragraph (4), Article 48 of the Public Education Act, the forms, procedures and limitations of written tests and papers and their role and weight in the assessment of students must be set out in the local curriculum, created as part of the pedagogical programme of the school . Consequently, an educational institution may organise year-end examinations, mock 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. Any regulation that states that the grades of end-of-term exams, mock Baccalaureate exams are definitive in terms of the end-of-term grade of the student shall not be considered unlawful; however, educational rights are violated if only these graded count towards the end-of-term grade, as according to the Public Education Act, end-of-term grades must be determined on the basis of grades-and not one grade-obtained during the year.
A parent contacted our Office with the complaint that in her child's primary school children in the eighth grade are required to take an end-of-term exam. We informed her that according to Paragraph (1), Article 44 of Act LXXIX of 1993 on Public Education the educational and teaching work shall be performed in schools in accordance with a pedagogical program. The pedagogical program-and any modification thereof-shall be adopted by the teaching staff and shall become effective with the approval of the maintainer of the institution. Pursuant to Point b), Paragraph (1), Article 48 of the Public Education Act, the teaching programs of schools determine local curriculum, and within the framework of this- inter alia -the requirements and forms of student testing and examination as well as the forms of evaluation and assessment of student performance. According to Paragraph (4), Article 48 of the same act the school's pedagogical program must define the forms of the written examinations, the order and limitations as well as the role and weight thereof in the assessment of students' knowledge held by the school. According to the above, it is possible to hold end-of-term exams for eighth-graders and to grade said exams in accordance with the pedagogical program adopted by the teaching staff and approved by the representative body of the school. Neither shall it be considered an infringement, if the pedagogical program states that the results of the exam shall be definitive in determining the end-of-year grade of the student. Pursuant to Point a), Paragraph (1), Article 14 of the Public Education Act parents shall have the right to become acquainted with the pedagogical program of the educational institution and to be informed on the contents thereof. Therefore, the pedagogical program must be made public. Pursuant to Paragraph (1) of Article 8 of Decree No. 11/1994 (VI. 8.) 8.) the school must place its pedagogical program in a manner that ensures that students and parents have free access to it. We advised the complainant of the following, should she and parental body wish to change current practice and repeal this end-of-term exam requirement for eighth-graders: Considering that this form of evaluation is regulated by the pedagogical program, they can table a proposal to modify it. According to the Public Education Act, the school board and the student body has a right of recommendation regarding any issue related to the operation of the educational institution. Pursuant to Paragraph (1), Article 51 of the Public Education Act, a school can introduce a modified pedagogical program in the school year following the approval thereof in a hierarchical system. (O-OJOG-481/2006.) |
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 go on to the next grade based the marks determined by the head teacher. If the student's end-of-term grade is significantly lower than the average value of grades received during the year, then the teaching staff calls on the teacher concerned and requests an explanation, or in justified cases instructs him/her to change his or her decision. If the teacher does not change his or her 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 student complained in writing that he is participating in architect/technician training and received a failing grade in statics, despite the fact that his grade average was 2.4. Within the framework of teacher's 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 complies 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. As a guarantee rule, the act provides for the option of legal remedy to be utilized by the student or parent to appeal the infringing qualification, or assessment related decision of the teacher. Paragraph (2), Article 83 of the Public Education Act states that students and parents can initiate proceedings against the school's decision regarding the assessment, qualifications of the student within fifteen days of the disclosure thereof. If disclosure does not occur, then within fifteen days of being informed thereon, in the interest of the student, provided that such assessment did not occur pursuant to the contents of the local curriculum, and the that the proceedings does not infringe upon the provisions on student status, or any other statutes. The representative of the maintainer shall proceed in the matter of the petition submitted on legal grounds. (O-OJOG-414/2006.) |
Several parents contacted us on many occasions to ask what they can do when they feel that a teacher is biased and systematically underestimates the performance of a student . In these cases, we informed the parents that the Public Education Act provides for an opportunity for students to take an examination before an independent Examination Board. These examinations, which may take place in the course of studies, are organised by institutions designated by the National Public Education Evaluation and Examination Centre . On these exams, students give an account of their knowledge before a three-member examination board, of which the teacher employed at the school where the student has a legal relationship cannot be a member. This may be a solution in cases, where the parents complain about the way a teacher grades students, and presume that there is some underlying personal conflict or bias . Therefore, it may be useful for schools to give information on the opportunities and rules of examinations before an independent Examination Board.
Examinations before an independent Examination Board 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 ). We informed him that pursuant to Decree No. 11/1994 (VI. 8.) of the Minister of Culture and Public Education on the Operation of educational institutions 8.) applications for such examinations must be submitted-signed by a parent, in case of minors-no 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 .
Many people contacted our Office with questions in connection with independent examination board exams. Pursuant to Paragraph (1), Article 22 of Decree No. 11/1994 (VI. 8.) examinations that can be taken before an independent Examination Board in the course of the studies of the student shall be organized by the National Public Education Evaluation and Examination Centre, in case of vocational/theoretical and vocational/practical examination subjects the institution designated by the minister responsible for vocational qualifications (hereinafter the National Public Evaluation and Examination Centre and the institution designated by the minister shall be jointly referred to as: designated examination centre). Pursuant to Paragraph (2) of the same section, the student shall have the right to report his or her intention to give an account of his or her knowledge before an independent Examination Board-signed by one of the parents-until thirty days prior to the last day of teaching, or that of the semester, if due to his or her absence the student is required to take an exam to establish his or her end-of-year grade, after he or she has received proper authorization, the student has three days to report, if he or she wants to give an account of his or her knowledge before an independent Examination Board. The report must specify the subject of the examination. The school principal shall forward the report within five days to the designated examination centre, which shall make appropriate arrangements to hold the exam in the last week of the first semester or the last week of teaching in the school year. (K-OJOG-109/2006, K-OJOG-195/2006, K-OJOG-301/2006) |
Pursuant to Decree No. 11/1994 (VI. 8.) of the Minister of Public Education and Culture 8.) 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. The teaching staff shall decide on the authorization at the grading meeting and shall inform the student thereon by inscribing said decision in the student's report card. If the student is not granted authorization, i.e., the teaching staff decides that the student must repeat the grade, the he or she cannot take an exam to improve his or her grades. (O-OJOG-497/2006.)
At the same time, both the student and the parent have the right to initiate proceedings to overturn an unfavourable decision with reference to violation of interests within fifteen days of the disclosure of the unfavourable decision, or in case of the lack thereof within fifteen days of being informed thereon. Paragraph (5), Article 83 of the Public Education Act states that such individual petitions for revision shall be judged by the school board, or in the case of the lack thereof, a maximum three-member committee consisting of the members of the teaching staff. As a result of the deliberation, the school board or the committee can reject the petition for revision, can void the decision, or order the decision-maker to pass a new decision.
A parent contacted our Office with the question as to whether a tenth-grader has the right to take an exam to improve his grades, if he already received failing grades in three subjects. We informed the parent that pursuant to Paragraph (8), Article 21 of Decree No. 11/1994 (VI. 8.) of the Minister of Public Education and Culture, if a student received a failing grade at the end of the school year, he or she is entitled to take a repeat examination. If the number of failing grades is more than 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. Based on the above the teaching staff has the right to decide whether the complainant should take a repeat examination or continue his studies by repeating the whole grade. (O-OJOG-497/2006.) |
During an entrance examination students' performance assessment may not take such subjective elements into account that would usually tip the scales in favour of the student in ordinary classroom evaluation situation. In such a case, even available legal remedies can prove to be inadequate to ameliorate the situation.
A parent contacted us with the following matter: His child was not feeling well on the secondary school entrance exam, and was unable to produce result that truly reflected his knowledge as a result. Pursuant to Point 1.13. of Annex 8 to Decree No. 11/1994 (VI. 8.) if a secondary school organizes a written entrance examination within the framework of its admittance policy, the examinee and his parent may view and copy by hand the evaluated exercise sheets (tests) of the written examination in the presence of the school's representative and at a time and place determined by the school principal, and may also comment on the evaluation thereof. The school shall make a copy upon the request of the applicant and at his or her cost. Viewing documents should be allowed for the duration (eight hours) of a working day, within eight days of the written examination. The examinee may submit his or her comments until the end of the first working day-until 4 p.m.-after the viewing of the test papers. The examinees must be informed about when and where they can view the test papers they have handed in, and comment on the evaluation provided by the correcting teacher. The secondary school must make one sample copy of the test papers of the written examination available after the examination has taken place, at the site of the examination and on its website as well. According to Point 1.14, if the examinee made a comment on the evaluation of the solution given by him/her to the written examination question, then the principal shall make sure that another correcting teacher be available to judge the comment and to deliberate the comment with the complainant and the correcting teacher, if possible. The complainant must be informed on the results of the deliberation, providing appropriate justification in writing. Should the complainant maintain his or her comment, then it must be sent to the decision-maker defined by this decree together with any related documents, who then shall be obliged to make a decision and inform the principal thereon as soon as possible (via courier, fax, or telephone)-when the decision is delivered. The submission and deliberation of the comment shall not prejudice the student's right to legal remedies related to the decision on admission passed by the school. We informed the parent that there are no other options to put forth any comments regarding the evaluation of the entrance examination. Considering that, there is no basis on which it can be judged how many points the examinee should be awarded taking his illness into account, we were unable to assist the parent in this matter. (K-OJOG-209/2006.) |
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