A-levels: Algorithm at center of grading crisis ‘legal’ says Labor

The algorithm used to downgrade thousands of A-level results in England was “illegal”, Labor claimed.

The computer-based model used by Ofqual to standardize results after exams were canceled violates anti-discrimination legislation, as well as laws necessary to enforce standards, Labor says.

The party wants Gavin Williamson to publish the legal advice he received.

The Secretary of Education has supported the regulator, but apologizes for the pain students have caused by the chaos.

Labor demands to get A-level students in England a ‘guarantee for cast iron’ that they will not lose next month or in the future at their first choice university place.

Mr. Williamson, who has been dealing with calls from students and MPs of opposition to resign, urged universities to show flexibility after the results of Monday’s U-turn threw the September admission process into further confusion.

Thousands of students remain uncertain about which university they will graduate from after Ofqual said that center and school-based degrees (CAGs) would be accepted after a furore over their process of calculating them.

The regulator has been heavily criticized for using an algorithm to ‘submit’ schools ‘schools, which gave substantial weight to schools’ performance as well as other factors.

This resulted in nearly 40% of the markets being downgraded, in some cases by more than one class, with high-performing students from schools in remote areas being disproportionately affected.

‘No good rating’

Labor said there had been “no fair assessment” of this year’s cohort of students because the process used by Ofqual “did not exactly reflect” their level of knowledge, skills and understanding.

As a result, their results could not be “properly compared” to those of previous years as other examination boards, meaning that the regulator was in breach of its legal obligation to maintain assessment and qualification standards.

In a letter to Mr Williamson and Ofally’s chief executive Sally Collier, Labor said the weight given to past results of institutions had caused “a mass of discriminatory consequences”.

This, it said, was “bound to limit a wide range of groups with protected characteristics, in violation of a range of anti-discrimination legislation”. It stated that Ofqual’s policy of not allowing an appeal “outside of errors of application in the system” was also unfair.

The opposition urges Mr Williamson to make clear when he was first informed of concerns about the algorithm and what legal advice he had received before approving its use.

“Ofqual and the Secretary of State were fully aware that the standardization formula used was unlawful,” it said.

“It is unfortunate that only in case of threat with legal action that the government finally allowed to do what Labor requested; for qualifications are assigned on the basis of CAGs.”

‘Right wrong’

Labor seeks guarantees students who received offers from universities upon removal will not lose them now.

Several institutions have said they will honor all offers offered to students before the original results were announced, but many students have said that their places have since been revoked and not re-established.

Labor said this was unfair and needed ministers to correct “this wrong” immediately.

All students must confirm their final grades by the end of the week, it says, and no one should lose their first choice place “because of government incompetence.”

It calls on ministers to ‘bend over backwards’ to support students, including by helping universities fund additional places needed to meet demand.

“We have just heard these heartbreaking stories of the fears students have experienced after years of working so hard to secure their futures,” Shadow Communities Secretary Steve Reed told the BBC.

“This failure is far from over. There are many, many students who are still unsure about whether they can go to university or to which university they can go.

“Any student who has not given their fixed grades should have them by the end of the week so they can start making decisions about their future.”

Students are encouraged to contact their universities as soon as possible to discuss the options.

The government has lifted its cap on the figures any institution can provide, but some universities are warning of possible financial ruin if students switch to rival institutions.

Meanwhile, Durham University has promised a scholarship and guarantee of accommodation for anyone who defends their place until 2021.