Norma Foley (Kerry, Fianna Fail) | Oireachtas source

Gabhaim buíochas leis an Leas-Chathaoirleach. Is mór an onóir dom a bheith anseo agus ba mhaith liom ar dtús mo bhuíochas a ghabháil as an am agus an deis a thabhairt dom labhairt leis na Comhaltaí inniu. I am honoured to be in the House to bring the Education (Leaving Certificate Examinations) (Accredited Grades) Bill 2021 forward on Second Stage and to open this debate.

When I was appointed as Minister for Education on 27 June last year, it was clear to me that beyond the immediate priority of reopening schools, it was vitally necessary to support leaving certificate students. Even under normal circumstances, completing the leaving certificate and transitioning to the next phase of life can be a challenging time for students. In the midst of the Covid-19 pandemic, this challenge has been heightened for our students who have missed out on important rites of passage and have sacrificed time with their friends, playing sport, working in part-time jobs, and so much more in order to protect their loved ones and indeed broader society. For many of these students the continued operation of school has been a source of routine and stability of great importance. I commend school leaders and communities on the work they continue to do to maintain and sustain our schools and keep them open.From the successful reopening of schools in late August and early September last year, students were able to attend school each day, something which provided an important social outlet for them, ensured they received the academic support they needed and, in some cases, provided a respite from challenging personal circumstances.

Regrettably, after last Christmas, amidst very high levels of Covid-19 and the increased challenges associated with the new B.1.1.7 variant, our schools were required to close for another period to support the broader minimisation of movement within Irish society. This period of school closure, similar to last year’s closures, inhibited many students’ learning and heightened a sense of anxiety and isolation, at a time when students are in particular need of academic and holistic supports. Amidst this considerable uncertainty and in the context of this loss of learning, the Government took the decision to provide leaving certificate students with a choice of accredited grades, to sit examinations in a safe manner or to avail of a combination of both. Last year, through the co-operation of everyone in the school community, the leaving certificate class of 2020 was able to complete its education at post-primary level and to progress to the next phase of the students' lives, whether in further study or in the workplace. The process of calculated grades was far from easy for many teachers and principals, and I am deeply appreciative of the work they undertook solely for the benefit of their students and the class of 2020.

In 2020, the decision on calculated grades was made at a time when legislation could not be brought forward. As a result, the calculated grades system was operated by the Department of Education with the support of staff seconded from the State Examinations Commission, SEC. The State Examinations Commission's powers are as set out in the establishment order of the commission, given effect in 2003. Those powers relate solely to the operation of examinations as defined in the Education Act 1998. All this and, most acutely, the need to support the leaving certificate class of 2021 have led the Government to bring forward the Bill before the House today.

The approach the Government is taking to the leaving certificate of 2021 seeks to apply the lessons of calculated grades in 2020. We have also listened to the views and reflections of the advisory group on the State examinations which was reconvened, having played a significant role in 2020. It is worth noting that the accredited grades of 2021 differ from the calculated grades of 2020 in a number of significant ways. First, subject to the enactment of this Bill, this system will be operated by the State Examinations Commission. Second, and perhaps most importantly, and subject to public health advice and considerations, written leaving certificate examinations will proceed from 9 June. This is designed to ensure that the choice which many students had sought and which was decided upon by the Government is a real one. A clear process has been put in place to facilitate students who are studying outside of school settings, either entirely or in individual subjects, to obtain accredited grades. I have been very clear that the school historical data, which some refer to as school profiles, which was ultimately excluded from the 2020 system will also be excluded from the accredited grades system in 2021. A point of concern for some in 2020 related to rank order data being released. This year, teachers are not being asked to generate class rankings. The Department of Education has engaged Educational Testing Services, ETS, as the contractor to develop and deliver the standardisation process on school-generated estimated marks. We also expect to appoint a second quality assurance contractor shortly to provide an added layer of confidence that the process of standardisation operates as expected.

While some Senators were able to attend a briefing for members of the education committee on the day the Bill was published, I will now set out the principal provisions contained in the Bill. Section 1 sets out the definitions to be used in the Bill. The phrase, "Leaving Certificate 2021" comprehends the conventional examinations provided for under the Education Act 1998 and the accredited grades process. The "teacher" and "tutor" definitions are designed to capture everyone who is directly involved in providing an estimated mark which, following a process of standardisation, results in the establishment of an accredited grade for a student.The definitions of "teacher" and "tutor" are sufficient to capture the non-curricular languages approach by including subject assessors within their meaning. Section 2 sets out the main elements of the system of accredited grades, which will be further elaborated upon in regulations if and where necessary and in written and published procedures developed by the SEC. Section 3 provides for the indemnity, previously approved by the Government, which is written comprehensively to include any person who performs a function in relation to the provision of estimated marks. This includes persons who may provide tuition to students outside of in-school provision and who might refuse to provide evidence of such a student’s learning in the absence of such an indemnity.

Section 4 deals with canvassing of those providing estimated marks and stipulates that, where such canvassing occurs, the SEC may withhold results from a candidate. Detailed procedures in regard to the operation of this provision will be provided for in regulations or be dealt with administratively, should such an issue arise in advance of the commencement of this provision. Section 5 provides for an ability for the SEC to withhold results if false or misleading information is provided for the purpose of the award of an estimated mark. Section 6 provides a non-exhaustive list of the functions that are to be conferred upon the SEC and what may be provided for in regulations in addition to this.

Section 7 provides a regulation giving power to the Minister to give effect to various procedural aspects provided in other sections, principally in regard to the withholding of results and the operation and conduct of appeals. Section 8 contains a power to designate people to be tutors in addition to those already defined in the Bill. This is intended as a safety net in case somebody or a class of tutors has been inadvertently omitted from the definition as currently drafted. Section 9 provides the SEC with the power to provide a leaving certificate in respect of 2020 students on the basis of the best of the grades achieved by the students from the calculated grades process or the written examinations held subsequently. This will ensure that the leaving certificate of 2020 will have the same look and feel to it as any other year.

Section 10 provides a statutory basis on which the personal data of leaving certificate 2021 candidates can be processed for the purposes of the operation of the accredited grades system. The section allows for data sharing between the Minister, the SEC, the external contractors involved in the process of standardisation, including any quality assurance contractor retained, and any persons acting as appeals officers. This section has been the subject of consultation with the Office of the Data Protection Commissioner. Sections 11 to 13, inclusive, are standard in nature and relate to the laying of orders before the Oireachtas, expenses and how the Bill once enacted may be cited.

I referenced in outlining the details of the various sections that regulations will be required in some instances and their drafting will proceed in parallel with the passage of the Bill through the Oireachtas to facilitate commencement of this Bill once enacted. The administrative planning for and early steps in the accredited grades process are under way, being led in the first instance by my Department pending the enactment of the Bill. This work is in close co-operation with the State Examinations Commission, which will assume the lead role when the appropriate legislative powers are conferred upon it. A variety of guidance documents have issued to students, schools and those studying outside of school settings in recent weeks. The logistics involved in ensuring each strand can proceed as planned, whether examination or accredited grades related, are huge and continue to require close attention and commitment from all concerned.

Recognising that the various strands of preparatory works for leaving certificate 2021 are well under way, with the oral and practical examinations for the vast majority of students having already taken place, I wish every success to all leaving certificate students. Teachers will proceed to generate estimated marks in the period between 14 May and 28 May, with the school alignment phase following immediately after that. I particularly note the leaving certificate vocational programme students and those seeking accredited grades in non-curricular languages, who will be undertaking various assessments tomorrow. I wish them every success.

Each time I have been before this House, Senators have shown a very clear and real commitment to students across all levels of the education system.In those various debates, the leaving certificate classes of 2020 and 2021 have been routinely highlighted. The Bill seeks to provide further support to those students and deliver on the clarity that Government decisions seek to give them. The Bill has been carefully considered and I acknowledge the role of the Parliamentary Counsel in drafting it. I am aware that a number of amendments have been tabled by Senators and I look forward to considering those on Committee Stage. I have also tabled a small number of technical amendments, which we will also have an opportunity to discuss. In the meantime, I look forward to hearing from Senators in today's debate and I commend the Bill to the House.