Yesterday, Education
Minister Huw Lewis (Lab, Merthyr Tydfil & Rhymney) launched the
first of two pieces of Welsh legislation due to be introduced this
week – more from me on the second law on Friday.
The Qualifications Bill (pdf) will create Qualifications
Wales, a new body which will, funnily enough, regulate and
accredit non degree-level qualifications in Wales.
Most
matters relating to education and skills (apart from research councils)
are devolved so there are no worries there, and it's highly unlikely
that this Bill will cause any undue controversy.
Three events provided the impetus for the Qualifications Bill.
- A
major review into qualifications for 14-19 year olds, which
recommended that an independent body be established to oversee non
degree-level qualifications, based on the Scottish Qualifications Authority (SQA) and Ofqual.
- The GCSE row from summer 2012, where the then Education Minister, Leighton Andrews (Lab,
Rhondda), ordered a review of WJEC test papers. Pupils scored much
lower in a new modulated version of the exam than expected, due to
new boundaries between grades C and D introduced by EnglandandWales
exam regulators (to make passing exams harder).
- The decision to
reform GCSEs in England – including a new grading system - while
Wales is retaining the existing model by default. So the need for a
Welsh qualifications regulator is more apparent.
What does the
Qualifications Bill propose?
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Qualifications Wales will be the new qualifications regulator placed above the likes of the WJEC.
(Pic : via Wikipedia) |
Qualifications Wales
- Will
be a corporate body independent of the Welsh Government, made up of a
chief executive, a chair and between 8-10 members appointed by the
Welsh Government (all serving a three year terms).
- Will ensure
qualifications meet the needs of learners in Wales.
- Will promote
public confidence in the Welsh qualifications system.
- Will carry
out its functions while taking into consideration : economic growth,
the availability of assessments and qualifications through the medium
of Welsh, the needs of employers and higher education, securing value
for money, the skills and knowledge required to receive a
qualification.
- Must publish a policy statement, including details
of dealing with complaints.
- Must have regard to Welsh Government
policy.
Recognising Awarding Bodies (i.e WJEC)
Qualifications
Wales will :
- Set recognition criteria, and only awarding
bodies that have their qualifications recognised by Qualification
Wales will be able to award qualifications in Wales.
- Have the
power to revise recognition criteria, set rules for applications for
recognition and set resulting fees.
Approving
Qualifications
The Bill :
- Places a duty on the Welsh
Government and Qualifications Wales to draw up a list of
qualifications that are a priority for regulation ("restricted
qualifications") in order to to maintain public confidence due
to their importance to learners (I presume they mean core subjects
like GCSE Maths, English etc.).
- Gives Qualifications Wales the
power to restrict qualifications to a certain number of different
versions (i.e. approving only one version of GCSE English language
across Wales). It can do this to avoid inconsistency, or give them a choice when awarding bodies introduce
new versions of qualifications.
- Gives Qualifications Wales the
power to approach an awarding body in order to develop a new version
of a "restricted qualification", and the Bill sets out the
formal process by which these new qualifications would be
approved.
- Will mean all other qualifications ("unrestricted
qualifications") can be submitted to Qualifications Wales by any
recognised awarding body for approval in any version.
- Places a
duty of Qualifications Wales to publish their criteria to approve a
qualification.
- Gives Welsh Ministers the power to regulate the
subject content of qualifications.
- Awarding bodies will have the
ability to withdraw their qualifications voluntarily via a "surrender
notice".
- Qualifications Wales can, likewise, withdraw
approval for a qualification if it no longer meets the award
criteria, the awarding body is no longer recognised or the
qualification has become "restricted" (as outlined
above).
Recognition of qualifications
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In future, only qualifications approved and recognised by
Qualifications Wales will be awarded by state schools in Wales.
(Pic : BBC Wales) |
- Only qualifications approved or
regulated by Qualifications Wales ("Welsh version of a
qualification") may be awarded by state schools or by
local authorities.
- An exception covers qualifications awarded to
people with learning disabilities, and the Bill grants Welsh
Ministers the power to designate new excepted qualifications.
- Private
schools won't be subject to the restrictions either and can award
qualifications "which are not Welsh versions".
- Ofqual
recognition of qualifications will no longer apply in Wales
(effectively making Ofqual an England-only body) - though this
doesn't mean qualifications recognised by Ofqual will be unavailable
in Wales, as long as they're not restricted (i.e. private schools in
the example above).
Enforcement Powers & Other
Responsibilities
Qualifications Wales will have the power to
:
- Force awarding bodies to take specific actions by giving
written directions and appropriate notice.
- Fine awarding bodies
(with interest) if they fail to comply with set conditions regarding
their own recognition or the recognition of their qualifications.
Awarding bodies subject to fines will have a right to appeal via a
tribunal.
- Inspect premises of awarding bodies, subject to a court
order.
Qualifications Wales will also be allowed to :
- Provide
commercial consultancy services in relation to its functions, or set
up a company to provide such services.
- Keep under review
activities relating to its remit, and commission research into any
matter relating to qualifications.
- Award grants if it believes "it
is appropriate to do so" in connection to its functions.
How
much will the Qualifications Act cost?
Establishing a
completely new body is always going to come with an element of cost.
The Welsh Government drafted three options, included in the explanatory memorandum (pdf) : the first where the
Welsh Government will retain regulatory powers, the second which
would create a Commissioner role for qualifications, and the third –
and chosen option – to create a stand alone qualifications
regulator.
Qualifications Wales' set up costs in the first
year (2015-16) – including IT, Welsh Government reorganisation,
premises etc. - is around £3.44million. The operating costs for the
next five years (until 2019-20) – including the set up costs above
– is just over £38million. It's expected that Qualifications Wales
will employ 73 people.
It's not expected there would be any
additional costs to awarding bodies (like the WJEC, AQA, EDEXEL etc.)
,though it'll be down to Qualifications Wales to determine the fees
they charge, meaning it might generate enough income down the line to
"reduce its impact on the public purse".
How
"independent" is independent?
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Is allowing government to "force" certain skills and knowledge into
qualifications as much a bad thing as a good thing?
(Pic : zmescience.com) |
A key theme throughout
is the emphasis on how "independent" Qualifications Wales will be. This
is not only Wales striking out on its own after decades of working
with England and Northern Ireland on qualifications (known as three-country regulation), but this is
being portrayed as an arms-length watchdog.
I'm not convinced.
Nothing is ever truly "independent" when it comes to the
higher echelons of Welsh politics and public policy, and the set up
of Qualifications Wales reads very similarly to bodies like Visit Wales, which are hardly "arms length" of government. There's
still plenty of Welsh Government "influence" and hand
holding within the line-by-line provisions of the Bill.
If
Qualifications Wales were truly independent it could appoint its own
members, surely? Also, it's said to be independent of the Welsh Government yet
still has a legal obligation to "have due regard" for
government policy. There's also another selection of powers enacted via regulations.
This is justified by saying it would be a "fall back" to
ensure the Welsh Government forces certain skills or knowledge into
qualifications - which can be a good thing, but can be a bad thing too.
What if a hypothetical future wingnut Welsh Government demands intelligence design
and/or creationism be assessed in science GCSEs? The Bill could give them the means to do that.
In
principle this Bill is the correct course of action, but there's still
stuff in there that demands closer scrutiny.