Changes implemented by the Minister for Education to the model used to assess calculated Leaving Certificate grades systematically disadvantaged and prejudiced good students attending high performing schools, the High Court has heard.
Feichín McDonagh SC for student Freddie Sherry, said expert evidence will be given to the court that will show that the Minister's decision not to use historical data on school's past performances in the Leaving Certificate examination resulted in a disproportionate reduction in the grades his client received from his teachers.
This was because Mr Sherry attended Dublin fee-paying school, Belvedere College, which consistently scores in the top 10% of schools nationally regarding Leaving Cert results, counsel said.
Counsel said that the Minister's changes had the effect of disproportionally reducing grades of good students in schools where there were clusters of students achieving top grades in High Level subjects.
Counsel said that as a result of how grades were calculated meant that had Mr Sherry attended a different school, that did not have many high performing students, it is likely his marks would not have been reduced to the same extent.
Test case
Counsel made his remarks on the second day of the hearing of the lead challenge brought by a Leaving Cert student against the calculated grades process and the awarding of college places for 2020.
In a statement of opposition, the State and the Minister say that Mr Sherry's challenge should be dismissed on all grounds. It denies claims that he was treated unfairly, and there was no basis for saying the model used to calculate his grades was unlawful.
Mr Sherry, who sat his Leaving Cert at Dublin’s Belvedere College, is the test case of approximately 50 challenges by other Leaving Cert students against the calculated grades process.
Mr Sherry, of Newtown, Celbridge, Co Kildare, claims the Minister's decision last August to remove school historical records in the calculated grades process resulted in him being unfairly downgraded in five subjects by 55 points in his Leaving Cert.
Mr McDonagh SC, with Micheál P. O’Higgins SC and Brendan Hennessy BL, instructed by Ferrys Solicitors, claim their client was hugely disappointed when his teachers’ estimated CAO points total of 542 for him was reduced to 487 under the process.
His first choice was pharmacy in TCD, which he missed out on. He claims the Minister’s direction interfered in the calculated grades process overseen by an independent steering committee was unlawful.
Lowered grades
Counsel said in a sworn statement Mr Tom Doyle a Deputy Principle of Belvedere College said that the changes implemented by the Minister had resulted in over 80 of its students having their grades significantly reduced.
Mr Doyle said the total points awarded to those students following their assessment by their teachers were lowered, following the national standardisation process, by between 20 to 50 points.
This, Mr Doyle added, had "undermined confidence in the system."
Rejecting all the claims lawyers for the Minister and the State maintain there is no reason to believe Mr Sherry would be in an improved position if historical school data was included.
Commitments
It is also denied the Minister breached any commitments regarding the fairness and the comparability regarding the 2020 grades, and that the action is non-justiciable, and vague.
Mr Sherry was treated the same as every other student sitting the examinations, the respondents say and that the respondents were entitled to change to model used to estimate grades. The respondents said that the system of calculated grades was brought in as an alternative to the 2020 Leaving Certificate examination at short notice.
The respondents said that in the formulation steps were taken to balance the rights of all students arising out of the Covid 19 health emergency which caused the exams to be cancelled.
The defendants also claim that students in Belvedere College received, on average, higher scores in 2020 compared to the 2017-19 period and there is no basis for any assertion Mr Sherry would have been treated more favourably in another category of school.
It is also argued that any attempt to reinstate school historical data would be inappropriate or disproportionate as it would cast doubt on the results of significant numbers of students and their entitlement to college places.
The hearing, before Mr Justice Charles Meenan continues.
