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Assessment and evaluation

The majority of complaints concerning evaluation were received from parents who claimed that their children were undervalued at school. Parents often have a different view of their children's educational performance than teachers, and therefore criticise the grades given by the teacher.

Pursuant to Sections e) and f) of Paragraph (1) of Article 19 of the Public Education Act, teachers have the right - in the context of their job - to assess the performance of pupils and evaluate their progress. This means that the grades received by pupils at the end of the term and at the end of the academic year are determined by the teacher, based on the pupil's work and grades during the year. When assessing and grading the work of pupils, the teacher has extensive freedom in both the methods used for assessment and the grades given. This autonomy of the teacher, however, is not unrestricted: the limits are determined by other provisions of the law, including the ones on the rights of pupils and parents, as well as the rules on the operation and internal pro-cedures of the institution. We cannot take action in a case which concerns the actual grade received by a pupil from the autonomous teacher. But when the procedural rules of the assessment process - which function as guarantee - are violated, the Office can start an inquiry. (K-OJOG-267/2002., K-OJOG-306/2002., K-OJOG-331/2002., K-OJOG-422/2002.)

Pursuant to Section b) of Paragraph (1) of Article 48 of the Public Education Act, the school's pedagogic programme determines the school's local curriculum, and within that, among others, the requirements and manner of testing, as well as the manner of evaluating and assessing pupil performance.

The autonomy of the teacher allows him or her to consider the grades with different weight when determining grades at the end of the first term or at the end of the year. As long as the procedure used for determining the grade is in conformity with the rules set forth in the educational programme, it is not unlawful if the grade given by the teacher does not correspond to the mean of the grades given in the course of the year. (K-OJOG-288/2002., KOJOG-711/2002.)

Under Section a) of Paragraph (1) of Article 14 of the Public Education Act, the parent is entitled to be aware of the pedagogical programme of the educational institution and to receive information about its content. The programme must therefore be published. Pursuant to the provisions of Decree 11/1994. (VI. 8.) MKM on the operation of educational institutions. Schools are required to display their educational programmes in a manner which makes them freely accessible to pupils and parents.

A further restriction on the autonomy of teachers is their obligation to provide information. Under the Public Education Act, parents are entitled to regular, detailed and meaningful information on the progress of their children, and the teachers are also required to provide regular information to pupils and parents on the issues which are of concern for them. This means that teachers are required to inform the pupils and the parents about the grades determined, in a manner and at the time specified in the school's internal regulations.

The provisions of public education institutions in terms of the institution's operation, and internal and external relationships are laid down in its rules of operation and organisation. This document contains the rules for informing parents about assessment and evaluation, including the manner in which parents are informed of the principles of education laid down in the pedagogical programme and the method of calculating grades. In addition, the rules for the deadline for correcting tests and the procedure by which they may be viewed can be regulated here. (K-OJOG-177/2002.) The right of parents to sufficient information is impaired if they are not provided with adequate information concerning the principles of assessment, or the manner of calculation of marks, or grades given at the end of the first term or the end of the year. We have frequently found that conflicts between parents and the school are rooted in a lack of sufficient information. It is therefore important that parents and pupils are familiar with school documents, as these documents contain the rules for testing, the system of assessment, the subject-specific requirements and the conditions of progress. By making the educational programme, the rules of operation and organisation, and the school's own rules public, some frequent complaints of parents, such as that the high level of requirements causes a large number of subject failures, can be avoided.

Under the law, the parent and child have a right to legal remedy against the unlawful decision of a teacher related to assessment and evaluation. Under Paragraph (2) of Article 83 of the Public Education Act, the pupil or the parent may start a proceeding in the favour of the pupil with respect to a decision made by the school concerning the assessment and evaluation of the pupil's performance. This proceeding must be started no later than fifteen days from notification of the parent, or if none, then within fifteen days from being informed of the facts. The proceeding may be started on the ground that the decision was not based on the content of the local curriculum used by the school, or if the course of action was unlawful or violated the provisions concerning the legal standing of pupils. This proceeding for the verification of lawfulness is processed by the representative of the school's maintainer. Naturally, the right to human dignity must be respected in exercising this right of the parent. Namely, Article 19(1)a) of the Public Education Act stipulates that in the context of their job, teachers have the right to be respected in their person as a member of the teaching community, their human dignity and personal rights respected, and their educational activities valued and recognised. The proceeding in itself does not impair the teacher's human dignity, and teachers must subject themselves to it. The proceeding for verifying lawfulness also functions as a guarantee for the teacher, as the statements made must be proven, and thus the proceeding can clarify the situation.

We received several questions asking how a pupil can be exempted from attending language classes after succeeding in an official state language examination in the given language. We informed the inquirers that pupils who have obtained a state language examination certificate must submit a request to the school principal asking to be exempted from attending the language classes. Under Paragraph (2) of Article 69 of the Public Education Act, the principal may exempt a pupil - upon the pupil's request - from attending compulsory school activities if this is justified by the individual skills and specific situation of the pupil. The head of the institution, however, has the right to consider whether the exemption is given. The teacher of the relevant subject is both entitled and required to assess the performance of pupils who continue attending classes. In the course of such assessment, the teacher is not bound by any examination certificate that the pupil may have. (K-OJOG-291/2002.) Exemption of a pupil from attendance at compulsory classes does not entail exemption from assessment. In such cases, the pupil must be tested at a grading examination before the teaching staff, on the date determined by the principal. The grading examination may be held at any time in the course of the academic year. The pupil must be informed of the date of the examination at the time of application. (K-OJOG-167/2002., K-OJOG-393/2002.)

Under the Public Education Act, it is not possible to review grades determined in a lawful manner, or to review the report card, but pupils have the possibility of sitting an examination before an independent examination board. (K-OJOG-195/2002., K-OJOG-338/2002.) The examinations before an independent examination board are organised by the institution appointed by the Országos Közoktatási Értékelési és Vizsgaközpont (National Public Education Evaluation and Examination Centre). This type of examination is heard by a committee comprising three members, none of whom may be a teacher teaching at the school where the pupil is enrolled. This might be a good solution in cases where the parents object to the grade given by a teacher because they presume there are personal dislikes and bias in the background. It might therefore be useful for the school to make public the rules for sitting an examination before an independent examination board.

Under the law, whether a pupil has the opportunity to take a repeat examination to improve a fail mark received at the end of the year depends on the number of subjects in which the pupil fails at the end of the year. If the number of fail marks exceeds two, the pupil needs the approval of the teaching staff to have the opportunity to sit a repeat exam. If, however, the pupil does not receive this approval, i.e. the teaching staff decides that the pupil may only continue his studies by repeating a year, then a repeat exam is not possible, and thus there is no possibility for sitting an examination before an independent examination board, either. The pupil must repeat the year. (K-OJOG-342/2002.)

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