Reasonable Adjustments & Special Considerations Policy Telephone: +44 (0) 1923 652 400 Fax: +44 (0) 1923 652 401 Email: customercare@eal.org.uk Website: www.eal.org.uk EAL (Excellence, Achievement & Learning Ltd) is registered in England and Wales (02700780). Registered office: Unit 2, The Orient Centre, Greycaine Road, Watford, Herts, WD24 7GP Controlled by: Governance & Regulation Updated: July 2018 Version: 3 Policy Title : Reasonable Adjustments Review Date: July 2019 Regulatory ref: G6 G7 SQA P11
REASONABLE ADJUSTMENTS & SPECIAL CONSIDERATIONS POLICY INTRODUCTION This policy is primarily aimed at all those parties using EAL s qualifications and who are involved in the assessment of learners. The purpose of the policy is to set out EAL s requirements on the use of reasonable adjustments and special consideration. It explains how and when a centre should apply for a reasonable adjustment or special consideration for one or more of its learners, sets out the process by which EAL will decide on any requests made, and specifies how decisions will be communicated. It is also for use by our staff to ensure they deal with all requests in a consistent manner. It is based upon the good practice guide developed by the Federation of Awarding Bodies and the Joint Council for Qualifications (JCQ) - Access Arrangements, Reasonable Adjustments and Special Consideration. This policy reflects the four regulators current requirements: Ofqual General Conditions of Recognition (Conditions G6 & G7) Qualification Wales - Standard Conditions of Recognition (Conditions G6 & G7) CCEA - General Conditions of Recognition (Conditions G6 & G7) SQA Accreditation Regulatory Principles (Principle 11) It must be noted that this policy reflects the requirement of any External Quality Assurance Body that regulates EAL as an End-Point Assessment Organisation. This policy should be used in conjunction with the following EAL documentation: Conducting Exams within EAL Qualifications Procedures (EAF1) page 6 Individual qualification manuals and assessment guides If applicable EAL End Point Assessment (EPA) Handbook POLICY OVERVIEW EAL is committed to complying with all current and relevant legislation in relation to the development and delivery of our qualifications and, which at the time of writing includes, but is not limited to the Equality Act 2010. EAL has a duty as an awarding organisation to make a reasonable adjustment where assessment arrangements would put a disabled learner at a substantial disadvantage in comparison with a learner who is not disabled. In such circumstances, the awarding organisation is required to take reasonable steps to avoid that disadvantage. Guidance on the Equality Act 2010 definition of disability can be found at: https://www.gov.uk/government/publications/equality-act-guidance. EAL seek to uphold human rights relating to race relations, disability discrimination and special educational needs of our learners and to provide equal reasonable adjustments and special considerations for all learners registered on our qualifications. Separate legislation is in place in Northern Ireland. However, the definitions and procedures in this document will apply. Page 2 of 12
As an approved centre, you must have a fair access to assessment policy in operation, which reflects the following principles and guidelines: Access arrangements are pre-examination adjustments for learners based on evidence of need and normal way of working. Access Arrangements fall into two distinct categories: some arrangements are delegated to centres; others require prior EAL s approval. Assessment/examinations should be a fair test of learners knowledge and what they re able to do, however, for some learners the usual format of assessment may not be suitable. We ensure that our qualifications and assessments do not bar learners from taking our qualifications. We recognise that reasonable adjustments or special considerations may be required at the time of assessment/examination where: Learners have a permanent disability or specific educational needs Learners have a temporary disability, medical condition or learning needs Learners are indisposed at the time of the assessment. The provision for reasonable adjustments and special consideration arrangements is made to ensure that learners receive recognition of their achievement so long as the equity, validity and reliability of the assessments can be assured. Such arrangements are not concessions to make assessment easier for learners, nor advantages to give learners a head start. The normal ways in which access to fair assessment can be maintained is through reasonable adjustments and special considerations. DEFINITION OF REASONABLE ADJUSTMENTS A reasonable adjustment is any action/step that helps to reduce the effect of a disability or learning difficulty that places the learner at a substantial disadvantage in the assessment/examination situation. Adjustments are made to an assessment/examination for a qualification to enable a learner to demonstrate their knowledge, skills and understanding of the levels of attainment required by the specification for that qualification. Reasonable adjustments must not affect the integrity of what needs to be assessed/examined, but may involve: Changing usual assessment/examination arrangements, for example allowing a learner extra time to complete the assessment activity Adapting assessment/examination materials, such as providing materials in braille Providing assistance during assessment/examination, such as a sign language interpreter or a reader Re-organising the assessment/examination room, such as removing visual stimuli for an autistic learner Changing the assessment/examination method, for example from a written assessment to a spoken assessment Using assistive technology, such as screen reading or voice activated software Page 3 of 12
Providing the mechanism to have different colour backgrounds to screens for onscreen assessments/examinations or asking for permission for copying to different coloured paper for paper-based assessments Providing and allowing different coloured transparencies with which to view examination papers Supervised rest breaks and the use of a prompter. Reasonable adjustments are approved in writing by EAL or set in place by the centre before the assessment/examination activity takes place; they constitute an arrangement to give the learner access to the programme. The use of a reasonable adjustment will not be taken into consideration during the assessment/examination of a learner s work. EAL and centres are only required by law to do what is reasonable in terms of giving access. What is reasonable will depend on the individual circumstances, cost implications and the practicality and effectiveness of the adjustment. Other factors, such as the need to maintain competence standards and health and safety, will also be taken into consideration. DEFINITION OF SPECIAL CONSIDERATIONS A special consideration can be applied after an assessment if there was a reason the learner may have been disadvantaged during the assessment/examination. Reasons for special consideration could be: Temporary illness, injury or adverse circumstances at the time of the assessment/examination. A learner who misses part of the assessment/examination due to circumstances outside their control and are made where this has had, or is likely to have had, a material effect on that learner s ability to take an assessment/examination or demonstrate his or her level of attainment in an assessment/examination. Reasonable adjustments agreed in advance were inappropriate or inadequate Posthumous certification Special consideration should not give the learner an unfair advantage; neither should its use, cause any party to be misled in regard to a learner s achievements. The learner s result must reflect their achievement in the assessment/examination and not necessarily their potential ability. Special consideration, if successful, may result in a small post-assessment/examination adjustment to the mark of the learner. The size of the adjustment will depend on the circumstances and reflect the difficulty faced by the learner. A learner will not be eligible for special consideration if: No evidence is supplied by the centre that the learner has been affected at the time of the assessment by a particular condition Any part of the assessment/examination is missed due to personal arrangements including holidays or unauthorised absence Preparation for a component is affected by difficulties during the course, e.g. disturbances through building work, lack of proper facilities, changes in or shortages of staff. Page 4 of 12
Centres should note that: In some circumstances, for example for on-demand assessments/examinations, it may be more appropriate to offer the learner an opportunity to take the assessment/examination at a later date. ARRANGEMENTS NOT COVERED BY THIS POLICY Where an assessment requires the learner to demonstrate practical competence or where criteria have to be met fully, or in the case of qualifications that confer a License to Practice, it may not be possible to apply special consideration. Special consideration will not normally be available for EAL externally set multiple-choice tests. Learners will normally be offered an opportunity to take the test at a later date. Circumstances for both internal and external assessment/examinations not covered in this policy should be discussed with EAL before assessment takes place. Please contact us via the details provided at the end of this policy. CENTRES RESPONSIBILITY It is important that your staff involved in the management, assessment and quality assurance of our qualifications and your learners are fully aware of the contents of the policy. On their centre visits, our External Quality Assurers and/or Exams team may check that your staff and learners are aware of its contents and purpose. PROCESS FOR REQUESTING OR APPLYING REASONABLE ADJUSTMENTS AND / OR SPECIAL CONSIDERATIONS Learners should be fully involved in any decisions about reasonable adjustments. This will ensure that individual needs can be met, whilst still bearing in mind the specified assessment/examination criteria for a particular qualification. As the needs and circumstances of each learner are different, centres must consider any request for a reasonable adjustment on a case by case basis. There are two routes through which a learner may be granted reasonable adjustments to assessment/examination, these routes are to: Apply to EAL for permission. Use reasonable adjustments permitted at the discretion of the centre**. In cases where EAL have permitted the centre to implement reasonable adjustments without seeking prior permission, details of these adjustments can be found within this document. In these cases EAL requires centres to keep records for inspection (including any declarations that are signed and dated by a member of the centre staff who has formally been given delegated authority for this by the Head of Centre). These records should normally be kept for 3 years following the assessment to which they apply. **EAL international centres cannot apply any reasonable consideration with prior Page 5 of 12
permission of EAL; expect, in the case of using bilingual translation dictionaries without extra time of up to 25%. If a centre is making a request on behalf of its learners it should complete a reasonable adjustments and special consideration request form contained within SmarterTouch and in doing so supply relevant supporting information, one unique request form should be submitted for each learner. Failure to produce the appropriate evidence of need will lead to the application being rejected. An additional paper version is contained at appendix 1 of this document. Supporting evidence for reasonable adjustments may include but is not limited: Medical Letter SEN Statement Education, Health and Care Plan SpLD Reports Individual education/learning plans or development/support plans Supporting evidence for special considerations may include but is not limited: Original medical certificate Letter from an appropriate medical professional Letter from an appropriate independent individual/authority Death certificate or a letter confirming the death All evidence must be: On headed paper Dated Name of author Signed No older than 12 years old Details the learners disability or requirements or statement of events Applications for reasonable adjustments must be processed and approved by before an examination or assessment is undertaken. REASONABLE ADJUSTMENTS WITHOUT SEEKING PRIOR PERMISSION FROM EAL Centres are allowed to permit certain adjustments without prior consultation with EAL such as: Bilingual translation dictionaries without extra time of up to 25% Supervised rest breaks Transcripts Amplification equipment Braillers Closed circuit Television (CCTV) Word processors Colour naming by the invigilator for learners who are colour blind Coloured overlays Page 6 of 12
Low vision aid / magnifier Optical character reader (OCR) scanners Prompter Read aloud equipment However, appropriate records for all such adjustments must be kept on the centre s files For all other arrangements, e.g. readers and scribes, centres must apply to EAL. REASONABLE ADJUSTMENTS PRIOR PERMISSION REQUIRED FROM EAL If EAL centres require the following reasonable adjustments, they must apply to EAL in line with the process and timeframes contained within this policy: Extra time (including 25%) Practical assistant Reader /Computer Reader Scribe Separate invigilation Modified enlarged paper Braille question paper Sign language interpreter EAL will send written confirmation of the requests decision. APPLYING REASONABLE ADJUSTMENTS TO INTERNAL ASSESSMENTS For qualifications which are internally assessed, centres do not need to apply to the EAL. However, centres must make reasonable adjustments that are in line with this policy. All reasonable adjustments made in relation to internal assessments must be and held on file within the centre for inspection by EAL. EXCEPTIONAL CIRCUMSTANCES Centres can, in exceptional circumstances, make requests direct to EAL by phoning or emailing our Exams Team on 01923 652400 or emailing them at customercare@eal.org.uk. TIMEFRAME Requests for reasonable adjustments must be submitted no later than 30 days before the assessment/examination, or not later than 10 weeks before the assessment for modified papers. Requests for special consideration must be submitted as soon as possible after the assessment and not later than 7 working days after the assessment. Requests for special consideration may only be accepted after the results of the examination have been released in the following circumstances: Page 7 of 12
Application has been overlooked at the centre and the oversight is confirmed by the Centre Coordinator Medical evidence comes to light about a learner s condition, which demonstrates that the learner must have been affected by the condition at the time of the examination, even though the problem revealed itself only after the assessment For onscreen assessments where results are immediately available. If the application for special consideration is successful, the learner s performance will be reviewed in the light of available evidence. It should be noted that a successful application of special consideration will not necessarily change a learner s result. HOW WILL EAL DEAL WITH REQUESTS? We will aim to respond to all requests within 2 working days of receipt. If we are unable to respond within this timeframe we will provide you with an estimated response date. POSTHUMOUS/HONORARY CERTIFICATES In cases where an EAL learner who has an active registration for an EAL qualification and has subsequently died, the centre may request a Posthumous/Honorary Certificate. Centres should contact EAL to discuss. APPEALS If you wish to appeal against our decision to decline requests for reasonable adjustments or special consideration arrangements, please refer to our Appeals Policy. REVIEW ARRANGEMENTS EAL will review the policy annually as part of our self-evaluation arrangements; amendment and review may also be in response to feedback requests or good practice guidance issued by Regulators, to align with their appeals and complaints process. CONTACT US If you have any queries about the contents of this policy, please contact our Exams Team on 01923 652400 or email at customercare@eal.org.uk. Page 8 of 12
Request for Reasonable Adjustment and/or Special Consideration Form *Please note: In order for EAL to process your request, all fields are mandatory for completion, any incomplete form will be returned. Please complete one form per learner. EAL Reference Ref ID** (If Known): Date Form Submitted: ** If the candidate has previously been approved by for Reasonable Adjustment and/or Special Consideration please enter the EAL Reference Ref ID. Centre Name & EAL Centre Code: Name of Centre Contact: Centre Contact Email Address: Telephone No: ------------------------------------------------------------------------------------------------------------------------------------------------ What EAL qualification does this request relate to? (Include pathways where relevant) EAL Qualification Code: EAL Qualification Full Title: Examination(s) for which application is made: ------------------------------------------------------------------------------------------------------------------------------------------------ Learner s Full Name: Candidate Number: Date of Birth: Reasonable Adjustment and/or Special Consideration (tick the appropriate box) ------------------------------------------------------------------------------------------------------------------------------------------------ REASONABLE ADJUSTMENT SECTION Reason for support: Detail the learner s normal way of working within the centre, the support given and how this relates to the proposed arrangement(s): (For example have teaching staff recorded any support regularly provided in the classroom) Page 9 of 12
Please indicate what supporting evidence the centre has attached to support this application: (E.g. Medical Letter, SpLD Reports, Individual education/learning plans or development/support plans) Please indicate what support is required for reasonable adjustments: Up to maximum of 25% extra time Extra time above 25% (please specify percentage) Reader Scribe BSL to sign questions Unmodified A3 question paper Coloured (Examination) paper Practical Assistant Separate invigilation Tick as appropriate Remarks If the learner has previously been granted access arrangements by another awarding organisation, please name the awarding organisation and give details or reference number: ---------------------------------------------------------------------------------------------------------------------------------------------- SPECIAL CONSIDERATION SECTION Please indicate the nature of the special consideration being applied for: (please tick) Performance during the assessment was affected by circumstances beyond the learner s control Reasonable adjustments agreed in advance were inappropriate or inadequate Posthumous certification Summarise adverse circumstances affecting examination performance: Page 10 of 12
Please explain why it would be more appropriate to award special consideration rather than making arrangements for the learner to complete the assessment: Please indicate units of the qualification that have already been undertaken by the learner and their outcomes: ------------------------------------------------------------------------------------------------------------------------------------------------ Declaration by Centre I can confirm that the information provided on this form is accurate. I fully support the application and confirm that the learner is/ will be appropriately entered for the assessment/examination(s) concerned and will be able to demonstrate the assessment criteria required by the specification. Name: Signature: Date: Head of Centre / Examinations Officer / Quality Assurance Co-ordinator (Delete as appropriate) ------------------------------------------------------------------------------------------------------------------------------------------------ Data Protection Notice signature by Learner So that we can process your application for Reasonable Adjustments and/or Special Considerations arrangements we need your consent to share some of your personal data with a number of organisations. This data may relate to your health, medical condition or disability. In some cases, we may need to provide more detailed personal information to support the application for access arrangements being made on your behalf. Your application will be processed in line with the Data Protection and the GDPR regulations and guidance If you are happy for us to share your data please provide your consent by completing the declaration below. We will not use your data for any other purpose without your consent (unless authorised to do so by law). Page 11 of 12
Learner Declaration For the purpose of processing my access arrangement application, I consent to the use of my name, date of birth and other relevant data as set out above. I understand that this information will not be used for any other purpose without my consent unless authorised by law. Learner Name: Learner Signature: Date: ------------------------------------------------------------------------------------------------------------------------------------------------ This form is to be submitted to EAL Customer Services at: customercare@eal.org.uk. EAL will acknowledge receipt within 2 working days. Page 12 of 12