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Legal and Educational Perspectives of Equity in Assessment

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According to Cumming, there is need to have equity in assessment both in the legal and the educational sectors. In the legal perspective, equity in assessment may be varied as it encompasses the special students enacted under the legislation provisions for disability and discrimination. This indicates that the legal perspective on the similar educational assessment issue may be varied depending on the constitutional distinctiveness of various countries. In country such as the US legal challenges on educational related issues is based on the statutory obligations that is enacted in the constitution on the basis of the individual right which includes equal protection and due process. Countries such as Australia and England legal challenges in education through the public law are based on the breached statute, for instance the anti-discrimination laws.

Nevertheless, issues regarding equity and fairness in education assessment are usually brought to the court. Cumming  groups the equity and the educational assessment challenges in the area being challenged, the course of action and the consequent decision made by the court on the argument. As reiterated by Cumming  for fair and equitable assessment it is mandatory for all the students to have opportunity to learn, the assessment is equity in assessment and curriculum exposure, adequate notice and adequate resources. Cumming also puts it that there should be equity, equivalence and accommodation for all the students thus there should be no alternative form of assessment for some students to get certification. The tests should have equity and test validity, that the students had adequate opportunity to learn and understand the skills being tested. Lastly, there should be equity, natural justice, exclusion and assessment. This relates to the procedural fairness and the effect it has on the students who undergo these major assessment. Thus, one has the right to know the charges and given time to respond to the charges alleged.

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