Testing arrangements advice

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lcb06111981
Posts: 7
Joined: Fri Jun 28, 2019 2:09 pm

Testing arrangements advice

Post by lcb06111981 »

Could the basis of an appeal for maladministration include the testing arrangements?

My DD sat the test with children who were allocated extra time and also a child who had an electronic timing device which she found very distracting during the VR test. I understand the needs of all children must be met but that also should mean my child who requires exam conditions with no distractions. DD spoke of this distraction immediately after the test ended and I made contact with the school in writing during the journey home. My email was acknowledged and that the headteacher would contact me. The whole weekend my DD mentioned the distraction and if I had a response so on the Monday I made contact again and mentioned how my Daughter had spoke of the distraction many times over the weekend. The school acknowledged that a child had a watch and they hoped my DD can move on from it for the following test the next week. On results day DD failed by 4 marks and it was the VR test that her marks were lost and in practice this had always been her strength. Is there any guidance available that states how the testing arrangements should be carried out in regards to children with extra time and devices to assist etc?

I have read the guidance and I know I need academic evidence which I will get. She has a sibling at the school already and there is a sibling rule. I did contact the headteacher quoting the case of Bucks about the appeal process before allocations but that’s not something they offer.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Testing arrangements advice

Post by Etienne »

Welcome to Appeals!
lcb06111981 wrote:Could the basis of an appeal for maladministration include the testing arrangements?
In theory perhaps, but it would be very difficult to prove what the score would have been if the testing arrangements had been satisfactory.

Secondly, I'm not aware of any national guidelines for invigilating the 11+. I wonder whether the school would say that it follows the same guidelines as for GCSE/A-level?

Personally I would avoid the word 'maladministration' which I suspect the panel will feel inclined to reject.
I think the basis of your appeal should be that the score is not a true reflection of daughter's ability, and that there are extenuating circumstances which explain this.

You clearly recognise the importance of academic evidence, and it's very helpful that VR is one of daughter's strengths.
You did well to raise the invigilation issue with the headteacher at the time.

I would refer to 'sibling' rather than 'sibling rule'. Sibling rule is used as part of the admissions process if the school is oversubscribed.
For appeal purposes you might want to think about some of the issues raised here:
https://www.elevenplusexams.co.uk/appea ... -school#c2" onclick="window.open(this.href);return false;
See C2 iv (a).

Good luck.
Etienne
lcb06111981
Posts: 7
Joined: Fri Jun 28, 2019 2:09 pm

Re: Testing arrangements advice

Post by lcb06111981 »

Thank you 😊

Is it ok to post here a response I had from the headteacher regarding an early appeal request I submitted?
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Testing arrangements advice

Post by Etienne »

lcb06111981 wrote: Tue Feb 28, 2023 9:14 pm Thank you 😊

Is it ok to post here a response I had from the headteacher regarding an early appeal request I submitted?
Yes - keep it anonymous and withhold any names.
Etienne
lcb06111981
Posts: 7
Joined: Fri Jun 28, 2019 2:09 pm

Re: Testing arrangements advice

Post by lcb06111981 »

Thank you for alerting me to the concerns that you have regarding the 11+ examination arrangements at X and the impact that you believe this had on DD and for providing the evidence from X. DD scored 105 on her verbal reasoning test. The normal method in a public examination setting would give the examination board the discretion to award up to a maximum of 5% additional marks as reasonable adjustment on the day e.g. due to illness or some other matter. This is the type of case that the Independent Appeal Panel regularly judge on and I would be confident that they may well deem DD to be qualified, which given her sibling status might likely put her close to or at the top of the panel's list.

I am aware of the AC v Buckinghamshire Case and the early review process that is run in Buckinghamshire in partnership with the local authority. Unfortunately Lincolnshire has no such system or agreement in place. We do as a school carry out an early review of borderline cases and this year we have 27 students between 215 and 219 who haven't gained a place, plus a further group of qualified candidates who have also been unsuccessful.

Unfortunately in this instance I am afraid that you will need to submit an appeal for DD.

With kindest regards
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Testing arrangements advice

Post by Etienne »

Thanks for posting. Interesting.

Section 94 of the SSFA (School Standards & Framework Act) gave the right of appeal against any decision (note the words “any decision”) as to the school at which education is to be provided, and since non-selection amounts to a decision not to offer a place at any grammar school, it follows that there is a right of appeal against the decision not to deem a child qualified.

In AS v Buckinghamshire County Council (2010) UKUT 407 (AAC), following an appeal to the Upper Tribunal, the Judge ruled that the local authority’s determination of grammar school eligibility was a decision “as to the school at which education is to be provided for the child”, and that therefore the appeal to the IAP provided by the local authority was an appeal for the purposes of section 94 of the SSFA 1998 (as opposed to a “local review”).

It was therefore deemed lawful for an eppeal to take place before 1st March to consider the issue of qualification. Unfortunately other admission authorities seemed unlikely to allow parents to exercise this right of appeal - not unless legal action was taken against them, anyway.

Buckinghamshire itself stopped holding these early appeals in 2012/13, and moved over to a system of local reviews which are optional (i.e. at the discretion of the admission authority).

I believe Lincolnshire LA tried local reviews for a year (2008?), but then decided that they could not be justified as "fair, consistent and objective."
This is the type of case that the Independent Appeal Panel regularly judge on and I would be confident that they may well deem DD to be qualified, which given her sibling status might likely put her close to or at the top of the panel's list.
I found this comment encouraging. Worth including with your appeal papers.
Etienne
lcb06111981
Posts: 7
Joined: Fri Jun 28, 2019 2:09 pm

Re: Testing arrangements advice

Post by lcb06111981 »

Hello Again.

I have received the supporting letter from my child’s teacher and in short after reading the advice on your appeals the letter isn’t supporting enough and I expected it wouldn’t be. Although grammar schools in our area although plentiful, none are catchment and for some reason hardly any primary schools ‘get’ why we choose them. We live in a nice area with an outstanding comprehensive so they seem to be blinkered by it. The issue I have with that is they have nearly 2500 students!

I wanted to ask your advice on if the teacher should include about the distraction in test and her opinion on how that would have affected DD?

I have now also received the test general administration guidelines from the school I am appealing for ( not the school she sat the test at, but the same consortium so can apply for any of the schools) can I send you that privately so that you can review it? It does mention no deviation from the ‘rules’ and that no phones or electronic devices are to enter the room.

Thank you
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Testing arrangements advice

Post by Etienne »

lcb06111981 wrote: Tue Mar 14, 2023 11:46 pmI have received the supporting letter from my child’s teacher and in short after reading the advice on your appeals the letter isn’t supporting enough and I expected it wouldn’t be. Although grammar schools in our area although plentiful, none are catchment and for some reason hardly any primary schools ‘get’ why we choose them.
Unfortunately there are many primary schools that don't really know what to put in a letter of support for an appeal. :?
I wanted to ask your advice on if the teacher should include about the distraction in test and her opinion on how that would have affected DD?
It might have given extra weight to your argument. What really matters is the impact on the child.
One child might be affected if the invigilation rules are not followed. Another might not.
I have now also received the test general administration guidelines from the school I am appealing for ( not the school she sat the test at, but the same consortium so can apply for any of the schools) can I send you that privately so that you can review it? It does mention no deviation from the ‘rules’ and that no phones or electronic devices are to enter the room.
I'm afraid I don't have time to review them, but well done on getting a copy of the guidelines.
Etienne
lcb06111981
Posts: 7
Joined: Fri Jun 28, 2019 2:09 pm

Re: Testing arrangements advice

Post by lcb06111981 »

Thank you Etienne

I have decided that I have nothing to lose by showing the headteacher the guidance on this forum and the wording I hoped to see in the letter and ask if she can incorporate it. The letter is actually from her teacher who happens to also be vice principal so perhaps the HT could do her letter including the terminology this forum advises.

DD attends a performing arts class twice a week and has done for over a year now. She’s really taken to it, thoroughly enjoys it, she has performed in all the productions since joining and attends the school holiday workshops. The school we are appealing for offers Drama from Y7 and the alternative school doesn’t offer it at all. Is this good enough for educational reasons and furthermore, does this show as the guidance states being an ‘all rounder’

I understand how busy you are, I just didn’t want to post the document here if was seen to be wrongful exposure
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Testing arrangements advice

Post by Etienne »

lcb06111981 wrote: Wed Mar 15, 2023 9:40 pm DD attends a performing arts class twice a week and has done for over a year now. She’s really taken to it, thoroughly enjoys it, she has performed in all the productions since joining and attends the school holiday workshops. The school we are appealing for offers Drama from Y7 and the alternative school doesn’t offer it at all. Is this good enough for educational reasons ...
It's a reason, but whether it's a strong enough reason only your particular appeal panel can say.
If they have a number of very strong cases (e.g. serious social/medical cases), these might well overshadow your reasons.
I'm afraid there's usually an element of luck in appeals.

The more substance to your argument, the better. What I mean by that is, if the panel think performing arts is a hobby which could equally well be pursued out of school, it won't carry nearly as much weight as if, for example:
(1) drama at the school leads to a qualification in Y11 which daughter is keen to get
(b) she is seriously thinking of a career in the performing arts, and has a letter from her current teacher confirming that she has the aptitude to achieve this ambition, and would benefit from what the school has to offer.

What I liked about C2(a) Example C: Dejavu’s case ...
https://www.elevenplusexams.co.uk/advic ... -school#c2
... is that there was plenty of substance to it. There was no doubt about daughter's commitment to becoming a vet, her ability in science, and that the grammar school excelled at science and was highly likely to help her achieve her ambition.
If I remember correctly, Dejavu appealed for three different grammar schools. With a strong case - and no doubt a bit of luck - she won every single appeal.
and furthermore, does this show as the guidance states being an ‘all rounder’
What guidance does this refer to?
Etienne
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