Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

Question 5: To ask the Minister for Education and Science if, in view of the recent landmark decision for leaving certificate students with dyslexia, who were successful in their claim of discrimination under the Equal Status Acts 2000 to 2004 against her Department in relation to the annotation of their leaving certificate examination results, she will reform this anomaly to ensure equality for all students; and the discussions she has had with the State Examinations Commission in relation to their policy and practice in this area. [11043/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

As the Deputy will be aware, the Government has shown an unrivalled commitment to ensuring that children and young people with special needs get the extra support they need to reach their full potential at school. We have dramatically expanded investment in special education in recent years, and we have improved access to the state examinations for young people with special needs.

A range of accommodations is provided to enable students with disabilities to take advantage of the certificate examinations. For example enlarged print, Braille translation, modified questions, use of a scribe, a reader, a personal assistant, a tape recorder or word-processor may be allowed, depending on needs.

The scheme was expanded in 2000, following the report of an expert advisory group, to provide opportunities for exemptions where a candidate was not in a position to demonstrate achievement in a core area of assessment. In keeping with the advice of the expert advisory group, a system of annotation was applied to any case where a student was exempt from a core area of assessment, or where the mode of assessment used had the same effect.

That change, for example, enabled a hearing-impaired student to be exempt for the first time from the aural component of language subjects. His or her marks on the balance of the examination would be extrapolated proportionately, and the certificate would include a note to the effect that all elements of the subject were assessed except the aural component. Spelling and grammar waivers in language subjects were provided to cater for students with dyslexia on a similar basis, with annotation of the certificates.

The aim of those changes was to facilitate the operation of a responsive and flexible system that enabled all candidates to demonstrate their achievements, while preserving the integrity and fairness of the examinations by ensuring that special arrangements were operated in a transparent manner.

The introduction of the expanded scheme was seen as important in widening access and promoting optimum participation among students with disabilities. Since then, the number of students availing themselves of accommodations in the certificate examinations has grown dramatically. Some 4,438 accommodations were granted in 2002, including 39 component exemptions and 1,945 spelling and grammar waivers. By 2006, that number had increased to 12,136 accommodations, including 987 component exemptions, and 5,450 spelling and grammar waivers.

Annotations on certificates apply only in situations where a core area of a subject is not assessed, or where the mode of assessment used has the same effect. That is used to ensure fairness and integrity vis-À-vis other students who have been assessed on those components, and in order not to mislead the end user of the certificate.

Regarding the Equality Tribunal's findings, the legal position is that they must either be implemented in full or appealed against within the specified timeframe under the Equal Status Act 2002. My Department has examined the findings and is concerned both that the widening of access through the use of exemptions coupled with annotations has not been fully understood in this case and that the fundamental nature of the accommodations being provided has been questioned. It has therefore been decided to appeal the findings to the Circuit Court.

I have also asked the State Examinations Commission to re-examine policy and practice in the area. It is important that our system continue to evolve in line with best practice, promoting high standards of quality and integrity while guaranteeing access, participation and benefit for all our students. I do not anticipate that changes will be made to practice in the area before the outcome of the review and the findings regarding the appeal.

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

I welcome the fact that the Minister has said she will re-examine the area. I do not know why or when the system was introduced. The Minister gave plenty of statistics regarding numbers taking examinations and so on.

We are talking about fairness and integrity, but this system is unfair. That seems also to be the view of the Equality Tribunal, which examined the issue. Two students won a court case in this regard. The asterisks or annotations label the student, undermining the entire concept of mainstreaming students. The Central Applications Office, CAO, accepts the grades without taking account of marking adjustments. For whom is the information intended? We are told that it was introduced to support the integrity of the examinations process.

The Minister mentioned marks for Irish, which allow some students an extra 5% in leaving certificate examinations, but there is no indication on their certificates that any adjustments have been made. Why is it so regarding these students? We are labelling them and signalling something to employers. If the CAO is not interested, I do not know who is. The asterisks suggest that the leaving certificate is not worth as much. How could any Minister defend that process? That the Department of Education and Science has taken a court case in this regard is a scandal and a waste of public money.

We are seriously talking about mainstreaming children with impairments, yet this sends them the wrong message. That more such children are sitting the leaving certificate is irrelevant. Similar annotations are not allowed in other jurisdictions, including the North and Britain. I ask that the Minister act on this issue. It will cost neither her nor her Department anything, but it will certainly make a substantial difference to the families of the children affected.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

The leaving certificate details what was examined and the marks awarded. In most cases, it would simply list the grades in certain subjects, the assumption being that all elements were examined. The annotation merely states that an element of one or more examinations was not taken into account. It is a statement of fact. It is there because so many people have been accommodated to ensure that they get every opportunity to participate fully within the examination system. Annotations have been, and are, used in other countries. They are being used in the United States, which is the only country where a ruling has been made to say that it is not illegal to do so. England, Wales and Northern Ireland have also provided for exemptions and certificate annotations, but those authorities were told that they could not go ahead under the terms of the disability discrimination legislation. Those areas then decided to drop the exemptions completely, although there now seems to be some confusion and rowing back on the issue. It is therefore a matter for other countries as well. I am anxious to ensure that young people with learning disabilities will be able to participate. To this end, we must give them as much accommodation as possible. I have read out the type of work that is made available for them.

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

Who is it for?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

The certificate is simply a statement of what was examined.

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

What is this certificate for?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

It can be used by employers.

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

Is that not what it is for?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

Yes.

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

Will it still indicate that they got an accommodation?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

It can be used by colleges but they do not seek to use it. The State Examinations Commission has already examined the matter to ascertain what is best practice and how to ensure that people are not disadvantaged in any way. The appeal was taken because we felt strongly that the tribunal had gone outside its remit. It challenged the type of accommodation offered and spoke of the leaving certificate as a standardised test, which it is not. It dictated that individually suited accommodation based on individual assessment should be offered in cases, and that the range of accommodation currently available should be continued into the future. The tribunal strayed into the area of educational, curriculum and assessment policy over which it has absolutely no remit. That would have had far wider consequences than the issues that were at stake in this particular case. That is why we appealed it.