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Equity in assessment in Australia: The legal perspective

Fair practice and equity in assessment can be viewed from many perspectives. In this paper, we examine how courts view equity in assessment. The paper will focus on findings from Australia, with some insights from the USA and the United Kingdom. The cases considered will address ‘fair’ assessment of all students for high stakes or certification purposes, introducing the concept of ‘opportunity to learn’ as well as issues in appropriate accommodation in assessment practices for students with disabilities or special learning needs.

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