Richard Bruton (Dublin North Central, Fine Gael)
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Question 1428: To ask the Minister for Education and Science if her attention has been drawn to the fact that the system whereby State examination certificates granted to persons with dyslexia following some modification of the standard exam are qualified by a note of explanation whereas such annotation does not qualify exams taken at university in similar circumstances; the reason she allows the discriminatory practice apply at leaving and junior certificate; and her views on whether similar annotation should apply where students get extra marks for taking an exam through Irish. [43830/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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As the Deputy will be aware, this Government has shown an unrivalled commitment to ensuring that children and young people with special needs get the extra support they need in order 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.

Annotations on certificates only apply in situations where a core area of a subject is not assessed, or where the mode of assessment used has the same effect. The scheme was introduced following the report of an expert advisory group, and the introduction enabled opportunities to be provided for exemptions where a candidate was not in a position to demonstrate achievement in a core area of assessment. This change, for example, enabled a hearing impaired student to be exempt for the first time from the aural component of language subjects. His/her marks on the balance of the examination would be grossed up proportionately towards 100%, 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 these changes was to facilitate the operation of a responsive and flexible system which enables all candidates to demonstrate their achievements, while preserving the integrity and fairness of the exams by ensuring that special arrangements are operated in a transparent manner.

In relation to the Equality Tribunal's recent findings, the legal position is that they must either be implemented in full or appealed 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.

The policy of awarding bonus marks awards in the state examinations was introduced by the government in the 1920s as one of a number of initiatives to promote the study of subjects through Irish, reflecting the Constitutional position of Irish as the first language. This continues to the present day in the context of wider public policy to promote the Irish language, and is a facility open to all students. In such cases the candidates have been assessed in all components of the examination.

I am aware that it is not the practice in third level institutions to include notations on certificates. The position is not analogous in that third level awards are not centrally marked and subject to a published marking scheme. As a general rule, third level colleges do not provide for exemptions from a core area of assessment.

Given that this case is to be appealed to the Circuit Court, it is not appropriate that I make any further comment in the matter.