State Examinations

Wednesday, 17 April 2013

Ceisteanna (2)

Jonathan O'Brien

Ceist:

2. Deputy Jonathan O'Brien asked the Minister for Education and Skills if he will provide in tabular form the number of students who in 2012-13 were refused a waiver by the State Examinations Commission for the assessment of spelling, grammar and punctuation in language subjects when sitting their leaving certificate examination; the number of these children who were granted a waiver to assist them when sitting their junior certificate examination; and if he has the authority to intervene directly and overrule a decision of the State Examinations Commission when disputed cases are appealed. [17828/13]

Amharc ar fhreagra

Freagraí ó Béal (9 píosaí cainte)

Deputy Sean Sherlock

The State Examinations Commission, SEC, has statutory responsibility for the certificate examinations. A waiver from spelling and grammar can be provided to candidates with special educational needs under the scheme of reasonable accommodations in the certificate examinations, RACE. A devolved system is in place for the junior certificate examinations. Schools can recommend the granting of accommodations which are then granted by the State Examinations Commission. However, accommodations which are granted for the junior certificate will not automatically be carried on to the leaving certificate. Instead, all applications for accommodations in the leaving certificate are referred by schools to the National Educational Psychological Service for a decision.

Applications for the year 2012-13 are not yet complete. In the 2012 leaving certificate examinations, a total of 3,940 candidates applied for a waiver from the spelling and grammar element of language subjects. Of these, 2,587 or 66% were granted and 1,353 or 34% were refused. The State Examinations Commission cannot provide statistics on candidates refused such a waiver at leaving certificate who had a waiver at junior certificate. This information would require a manual examination of each file. Appeals against any State Examinations Commission decisions on RACE can be made to an independent appeals committee.

Statistics for the leaving certificate 2012 on the spelling and grammar waiver

Year	No. of applications for spelling and grammar waiver	Number granted	Number refused
2012	3,940	2,587	1,353

Deputy Jonathan O'Brien

I am concerned by the figures cited by the Minister of State, which indicate that only 66% of applications for a waiver from the spelling and grammar element of language subjects are being granted. It is not possible to ascertain whether the children in the remaining 34% of cases received the relevant supports at junior certificate level.

I have received correspondence from a number of parents of children who been refused supports for the leaving certificate examination, having previously received them at junior certificate level. Applications have been refused despite letters of support being provided both by the schools in question and clinical psychologists who assessed the children. In one psychological report submitted as part of the appeal against a refusal, the psychologist states that the State Examinations Commission had "completely misunderstood and misinterpreted" her report into the learning capacity of the student in question. She points out that the waiver would have been granted if the student had been assessed on a purely human level and expresses dismay at the process by which the decision was made.

The problem the psychologist raises is being compounded by the letters sent by the State Examinations Commission to students who are being denied supports previously provided to them at junior certificate level. These letters indicate that the application for access to a reader has not been granted, without providing any explanation. It is then stated that an appeals process is available. However, failed appellants are subsequently issued with a further letter, which states the appeal has been denied and again does not provide any explanation. This matter needs to be examined. While we do not know if all of those who apply for supports at leaving certificate level received such supports at junior certificate level, it appears a significant number of students - 34% - are being denied supports they received previously. The Department should address this issue.

Deputy Sean Sherlock

Perhaps the Deputy will submit a parliamentary question on the case to which he referred or raise it directly with the Minister to have it examined. In cases where a parent or student is dissatisfied with any aspect of a decision by the State Examinations Commission, he or she may appeal to an independent appeals committee whose members are drawn from outside the commission. The remit of the appeals committee covers appeals against all elements of a decision taken by the State Examinations Commission. Appeals must be lodged in writing and all appeals are considered in light of the framework of principles established by an expert advisory group. The Department and Minister do not have a role in reviewing decisions made by the State Examinations Commission or independent appeals committee in respect of the scheme of reasonable accommodations in the certificate examinations.

Of the unsuccessful applicants for reasonable accommodations in 2012, 513 made an appeal to the independent appeals committee. Of these appeals, 32 were successful while the original decision made by the commission was upheld in the remaining cases. The Minister is satisfied that the scheme's application and appeal processes operate in an open and transparent manner. Notwithstanding this, I am willing to examine the specific critique of the system made by an eminent and qualified person who has done an assessment of a student. I ask the Deputy to provide me with the details of the case.

Deputy Jonathan O'Brien

I will pass on the details, which I have already sent to the Minister. The case I cited is only one of a number of cases where psychologists have issued reports on behalf of different students. I wrote to the independent appeals committee at the start of March questioning one of its decisions and seeking further information.

The reply I received states that the appeal had been disallowed. It does not indicate why or on what basis it was disallowed. I have yet to hear anything further in respect of this matter. That is unacceptable, particularly in view of the fact that principals, members of the health care profession and elected representatives are writing to the independent appeals committee to inquire why appeals have been disallowed. Students need to know the basis on which their appeals are not being upheld. The Minister of State indicated that 513 appeals were made and that only 32 were granted. This means that 481 students do not know why their appeals were denied. The letters written by school principals and psychologists which I have in my possession indicate that unless these students receive support, either in the form of a reader or a waiver, they will not pass their examinations. The stance being taken in this regard is extremely harsh.

Deputy Sean Sherlock

The Deputy raises an issue in the context of the transition from junior to leaving certificate in terms of one being a devolved system while the other is independent. There seems to be a question regarding the need for further clarification on that transition in the context of how the two-----