Equity in assessment: discrimination and disability issues from an Australian legal perspective

Assessment equity concerns all educational authorities and practitioners. When educators consider issues of equity, their predominant concern is accommodation of students with special needs, cultural issues, and creating alternative assessment activities that have equivalence to standard activities, so as not to advantage or disadvantage any student in their demonstration of knowledge. This paper examines equity issues in assessment from a legal perspective, drawing on case history from Australia, and based in discrimination and disability law. The paper is intended to assist authorities and practitioners to understand legal implications of educational assessment in order to promote practices that reduce the likelihood of legal claims and the resultant use of financial and human resources away from educational activities. However, the discussion of cases and judgements is also intended to raise issues of whether educational providers and authorities should be more conscionable in their consideration of educational equity and assessment.