Section 96(7) Equality Act 2010

In relation to National Courses at National 5 to Advanced Higher, exemption of an assessment component which comprises 30% or more of the total Course assessment will not be a reasonable adjustment.

Exemption can only be considered where no other reasonable adjustments are appropriate and SQA is satisfied that the candidate has demonstrated a level of competence consistent with meaningful certification and with maintaining public confidence in the qualification.

In order to achieve a National Course at National 5 to Advanced Higher, learners are required to pass a Course assessment. In the context of this specification, an assessment component is strictly defined as one of the seven agreed assessment methods (assignment, case study, performance, practical activity, project, portfolio, question paper) in the Course assessment.

An assessment component which comprises 30% or more of the total Course assessment is deemed to be a key component of the qualification. To allow such an exemption would compromise the assessment objectives and would not secure that the qualification provided a reliable indication of the knowledge and skills of the candidate.

In order to minimise the disadvantage faced by disabled candidates, exemption of an assessment component(s) could be considered where it comprises less than 30% of the Course assessment. The decision, as always, on whether exemption will be permitted, as a reasonable adjustment in any particular Course assessment, will depend on the needs of the individual candidate and on the need to maintain the integrity of the assessment/qualification.

In relation to National Courses at National 5 to Advanced Higher, the explanation of words or questions to candidates in a SQA-set question paper will not be a reasonable adjustment.

SQA external examination question papers are specifically designed to assess candidates' abilities to recall information, demonstrate understanding, interpret, apply their knowledge, solve problems, and in some cases, analyse and evaluate. Those responsible for setting SQA question papers carefully select particular words in questions to elicit particular responses.

The explanation of words and questions is not considered as a reasonable adjustment because it poses a real risk of changing the meaning or the intention of the set question in the question paper. This arrangement could potentially advantage or disadvantage a candidate and therefore compromise the integrity of the assessment and public confidence in the national examination.

In relation to National Units and Courses in Modern Languages and Gaelic (Learners) at all levels, human scribes or speech-recognition software will not be reasonable adjustments where the ability to write with technical accuracy in the target language is being explicitly assessed.

This specification reflects current practice, currently the use of scribes in the writing components of Modern Languages and Gaelic (Learners) qualifications is restricted to situations where the candidate is physically unable to write but is able to dictate and spell out words in the target language, letter by letter and this would continue.

Scribes and speech/voice-recognition software are sometimes used as reasonable adjustments where some disabled learners cannot write or type using a word processor. For most assessments the use of scribes and speech-recognition systems are appropriate reasonable adjustments. However, where an assessment explicitly assesses candidates' technical knowledge of spelling and grammar such as in the writing components of Modern Languages and Gaelic (Learners) qualifications, the situation is more complex. The use of scribes and speech/voice-recognition software would undermine the assessment objectives for the writing components.

It is considered that placing such restrictions on the use of scribes and speech-recognition software maintains the integrity of the qualification by ensuring that it is the candidate's skills and not the scribe's skills or the computer software, which are being assessed.

Example

In the assessment of writing skills in National 5 Spanish, a human scribe or speech-recognition software should not be used as it would generate words and not allow the candidate to demonstrate their own ability to write accurately in Spanish. As a reasonable adjustment, a candidate, who is physically unable to write, could record their responses during the assessment and then could re-run the recording, spelling individual words to a scribe.

In relation to National Units and Courses in Gàidhlig, Gaelic (Learners) and Modern Languages at all levels, using British Sign Language (BSL) to demonstrate reading, writing, talking or listening abilities in the particular language will not be a reasonable adjustment.

British Sign Language is a visual-gestural language used by many d/Deaf learners. BSL is recognised as a language in its own right. National Courses in Gàidhlig, Gaelic (Learners) or in Modern Languages specifically require candidates to demonstrate their competence in reading, writing, talking and listening in the target language concerned. Using BSL would not secure that the National Courses in Gàidhlig, Gaelic (Learners) or in Modern Languages provided a reliable indication of the knowledge and skills of the candidate upon whom they are conferred.

Example

In a National 5 German listening assessment, the provision of a BSL interpreter would not be allowed. The provision of the BSL interpreter would mean that the candidate was not demonstrating the ability to understand spoken German, which is the assessment objective. Other reasonable adjustments such as a live presentation to allow the candidate to lip read may be appropriate. 

In relation to National Core Skills Communication Units and to National Certificate Communication Units, exemption from demonstrating abilities in reading, writing, listening or speaking will not be a reasonable adjustment.

An award of a Core Skill Communication Unit indicates that the candidate has reached a level of competence in reading, writing, listening and speaking. The development of these four skills and the demonstration of their achievement are deemed to be of key importance to the award. Therefore, it is not possible to exempt a disabled candidate from demonstrating abilities in reading, writing, listening or speaking.

In order to minimise disadvantage, disabled candidates who are unable to decode written text are allowed to have a human reader or screen reader to enable them to demonstrate their ability to meet the assessment objectives of understanding, analysing and evaluating a piece of writing. Similarly, in the case of writing, disabled candidates who are unable to write, are allowed to have a human scribe or to use speech-recognition software to enable them to demonstrate their ability to meet the assessment objective of composing a piece of writing which is appropriate for purpose and audience.

Deaf candidates who are unable to speak and/or listen are allowed to use British Sign Language, Sign Supported English (SSE), lip speakers or any other appropriate augmentative and alternative communication to demonstrate their ability to respond and express themselves appropriately.