Education (Leaving Certificate 2021) (Accredited Grades) Act 2021

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System of accredited grades

2. (1) Without prejudice to section 50(2) of the Act of 1998 and the Leaving Certificate Examination that is due to take place in 2021, the Minister, having consulted with, and having regard to the advice of, the Commission, may determine that a system of accredited grades may be used for the purposes of the Leaving Certificate 2021.

(2) A determination under subsection (1) may provide that the system of accredited grades includes, but is not limited to, the following:

(a) a process of estimation by teachers and tutors of what a candidate is, or would be, expected to achieve, for a subject, in the Leaving Certificate Examination that is due to take place in 2021 (whether or not such examination takes place), by which process a mark, expressed as a percentage, is provided for such subject (in this Act referred to as an “estimated mark”);

(b) reliance on the exercise of professional judgement by teachers and tutors for the purposes of the process of estimation referred to in paragraph (a);

(c) the application of processes, with oversight by the principal, which shall seek to ensure that, within each individual recognised school, centre for education or other place where the Leaving Certificate Examination is due to take place in 2021, teachers or tutors, as the case may be, are applying appropriate and consistent standards when providing estimated marks for a particular subject;

(d) in accordance with such policy directions as the Minister may give from time to time, a process of adjustment, based on statistical analysis, to be applied to estimated marks (in this Act referred to as a “process of standardisation”) which shall—

(i) be carried out at national level, by or on behalf of the Commission,

(ii) take account of such data, including but not limited to data relating to the Junior Certificate Examinations and Leaving Certificate Examinations in preceding years, as the Commission considers necessary and appropriate, and

(iii) have as its objective that accredited grades awarded to candidates are of a standard of achievement that is consistent when compared as between all recognised schools, centres for education and other places where the Leaving Certificate Examination is due to take place in 2021 (taken as a whole);

(e) following the completion of the process of standardisation, the generation of the mark, expressed as a percentage, achieved by a candidate for a subject, which determines the award to be made to the candidate for such subject (in this Act referred to as an “accredited grade”);

(f) where a candidate has chosen, in respect of any subject, to receive an accredited grade and to participate in the Leaving Certificate Examination that is due to take place in 2021 and has sat the examination in that subject, the award to the candidate of the result achieved, whether the accredited grade or the result of that examination, whichever is more advantageous to that candidate;

(g) provision for the following appeals to the Commission:

(i) where no estimated mark is provided for a subject as referred to in subsection (3);

(ii) in respect of an accredited grade as referred to in subsection (4);

(iii) where the Commission decides to withhold all or any accredited grades under section 4 or 5 , as the case may be.

(3) A candidate may, in accordance with such procedures as may be determined by the Commission in the performance of its functions under section 6 , appeal to the Commission where no estimated mark is provided, in respect of such candidate, for a subject.

(4) (a) A candidate may seek a review in respect of an accredited grade by way of appeal to the Commission, in accordance with such procedures as may be determined by the Commission in the performance of its functions under section 6 .

(b) A review referred to in paragraph (a) shall be limited to establishing whether any error has occurred in respect of the transmission to, or receipt by, the Commission of the estimated mark for the subject concerned.