Wednesday 13 February 2013

GCSEs: Moving the Goal Posts


Today the High Court has ruled that grade boundary changes to English GCSEs in 2012 were not unlawful.

Grade boundaries were altered between the January and June 2012 assessments, making it more difficult to achieve higher grades in June compared with January. The consequence was that many students who expected to receive a C grade only received a D grade. An alliance of local authorities, school and pupils challenged the decision to toughen the boundaries. The boundaries were altered by the examination boards, a decision that was not challenged by the examinations regulator, Ofqual. Those that challenged the decision, by way of judicial review, argued that students being graded in June 2012 ought to have been treated consistently with the students graded in January, who were treated more leniently.

The claimants’ strongest arguments were as follows:

a) it was ‘conspicuously unfair’ in a way amounting to an abuse of power to treat the students being   examined in June 2012 less favourably than those examined in January 2012; 
b) the exam boards and Ofqual failed to follow a ‘legitimate expectation’ that the grading standards would remain effectively the same; and  
c) it was ‘irrational’ not to treat the January and June candidates in the same way and instead adopt tougher standards in June. (In law ‘irrationality’ basically means acting in a way which no other reasonable person would do.)

Dealing with argument b) first, the judges concluded that at no point were schools and students promised that the boundaries would not change. They could not therefore legitimately expect them not to change. That argument therefore failed.

The judges treated arguments a) and c) as the same argument. They said that the examination boards and Ofqual only changed the boundaries because it was determined statistically that the January boundaries had been too lenient. When they realised that the boundaries had to be toughened then any action they took would cause unfairness to one group or another. If they marked the June students according to the more lenient January standard then students in previous years would have been treated unfairly as they had been marked more harshly than the lenient January standard. In addition, students of the future would be treated unfairly as they would be graded according to the more difficult standard in the future and not the lenient January 2012 one. Moreover, to mark the June 2012 students at the lower standard would artificially inflate their ability. Alternatively, if they acted in the way that they did, by making the standard tougher, then it would be unfair on the June 2012 students. Given that there would be unfairness either way the judges said it was perfectly acceptable for the exam boards and Ofqual to opt to protect the integrity of the examinations by changing the boundaries when they realised that it was necessary. For those reasons the judges said that the decisions made were not unlawful.

The judges said that the unfairness was ultimately caused by the modular nature of the exams, which required assessment at various different points, rather than only at the end of a course. If there was only one assessment then there would be no issue of unfair grade boundary changes. So while the system produced unfairness, there was no unlawful action by the exam boards or Ofqual.

Discussion

While this decision seems right in law I cannot help but feel uneasy about it. Sitting exams is a recent experience for me and I clearly remember being directed on what the grade boundaries were and being told I could rely on those directions. I suspect that the June 2012 students did the same and expected they were being told the right information. To then discover otherwise must truly have been devastating. While the examination boards and Ofqual may not have acted unlawfully the reality is there will have been many students who were told what the grade boundaries were and who then worked to them, only to later discover everything they were told was inaccurate. To me at least that is manifestly and conspicuously unfair.

What are your thoughts?

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