Teaching union, MSPs and expert condemn new Education Bill
The bill changes some of the internal structures of Scotland's only exam board – the Scottish Qualifications Authority (SQA) – as part of a process to transform it into a body known as Qualifications Scotland. The new organisation will retain the same powers as its predecessor. including the dual function of awarding and certifying qualifications that has previously led to accusations that the SQA is permitted to 'mark its own homework'.
The government's own review of the SQA explicitly called for the functions of the exam board to be split into two entirely distinct organisations, but this recommendation has been rejected. Instead, the government has committed to carry out another review, but is not required to accept its findings or implement recommended changes.
The bill also introduces changes to way in which school inspection is organised, removing this responsibility from the national body known as Education Scotland.
Speaking exclusively to The Herald, Professor Ken Muir of the University of the West of Scotland, who was commissioned to carry out the original review, described the Bill as 'disappointing.'
He criticised the failure to split the functions of the SQA and locate them in entirely distinct bodies, and said that significant 'monitoring and scrutiny' would be required to determine whether progress was being made. However, he noted that the Bill as passed 'doesn't bring about the cultural and mindset shift that is required' in order to address long-standing problems with the exam board.
Professor Muir added that 'questions remain as to the independence of the Chief Inspector' following the passage of the Bill, and that this will also require further scrutiny.
Andrea Bradley, General Secretary of the EIS teaching union, said that the new bill is 'an opportunity missed' after 'a considerable investment both of time and public resource.'
'Teachers have been clear that their professional voice must be central to decision making in the new national agencies, particularly Qualifications Scotland. We are less than persuaded that the Bill will deliver this, and the meaningful culture change, that is so urgently required.
'Teachers, lecturers, learners and their families need to be convinced through the actions of the new agency that the Bill amounts to more than a rebranding exercise. The retention of the accreditation function within Qualifications Scotland has done nothing to change this perception and the prospect of yet another review two years down the line simply prolongs the process, postponing implementation of essential reforms and adding to the frustrations of teachers, lecturers and other stakeholders who have made their views clear in this respect.'
'Whilst the EIS noted the stated intent that the Chief Inspector's Office should be independent of government, in reality the provisions of the Bill do not provide this assurance or indeed, any real clarity about governance and the role of teachers in this new inspectorate. With Scottish Ministers having power over key reporting functions, staffing and funding arrangements, we are not confident that the legislative changes enable the requisite meaningful change for inspection outlined in the Muir Review. '
Scottish Conservative education spokesperson Miles Briggs MSP said that the failure to split the functions of the SQA, as recommended by the Muir Review, 'completely undermines the purpose and credibility of the bill', and that the Scottish Government has 'fumbled an opportunity to deliver real improvements to Scotland's schools.'
'The Scottish Conservatives called for an independent inspector who would be directly responsible to Parliament and we stressed the crucial importance of dividing the SQA's accreditation and regulating roles.
'But apart from a minor change to the CEO's job description, the qualifications authority will continue to mark its own homework – exactly what the Muir report said would have to change.
'Jenny Gilruth has delivered a set of minor tweaks that are merely cosmetic, and left many of the people who have created this mess in post. Unfortunately, this trivial rebrand will do nothing to repair the damage the SNP's education policies have created in Scottish schools.'
Scottish Labour Education spokesperson Pam Duncan-Glancy MSP also condemned the new bill, which she said offers 'a review not reform':
'Years of SQA scandals and failures has left teachers and parents with no trust in our education system, but the SNP has wasted the chance to truly scrap the body.
'Experts and teachers have been clear that the real reform is needed and the new qualifications body shouldn't be responsible for accreditation, but the SNP refused to listen.
'The truth is this Bill amounts to little more than a rebrand of the SQA and offers a review not reform. Scottish Labour has been clear that we could not vote to continue a broken status quo.
'Young people are Scotland's greatest asset and they deserve an education system that helps them thrive.'
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Commenting for the Scottish Greens, who backed the SNP in order to ensure the passage of the Bill, Ross Greer MSP defended the structural changes to management roles at the exam board, one of which, he argued, means that the functions of the SQA have 'effectively' been split:
'I'm pleased that MSPs agreed to my amendments to split the Chief Executive's role into those of a Chief Examiner, Chief Accreditation Officer and Chief Executive. The Chief Examiner must be an experienced educator and they will be supported by an external Expert Group on Qualification Standards, whilst the Chief Accreditation Officer will be supported by an external Accreditation Committee.
'In addition, Parliament agreed to another amendment I tabled which requires the Chief Examiner and Chief Accreditation Officer to discharge their duties independently of each other, building another important safeguard into the system and effectively splitting those functions.
'Combined with Willie Rennie's amendments to review the scope of the accreditation function, the final draft of the bill as approved by Parliament includes a strong package of measures to address the problems seen at the SQA. That review will be critical, because school-based qualifications like Nat 5s and Highers are not currently accredited.
'Despite some recent suggestions, incidents like last year's Higher History controversy wouldn't have been prevented by the accreditation function sitting somewhere else, because Highers are not accredited. I personally think that should change, thus the importance of the review.'
Scottish Liberal Democrat education spokesperson Willie Rennie MSP argued that the bill gives a new qualifications body the opportunity to change:
'The accreditation function at the SQA does not cover national qualifications like Highers and National 5s so moving it to another body would not have improved the oversight and regulation for those qualifications. I was determined to respond to the Higher History problems with a change to the existing quality assurance arrangements that proved to be wholly inadequate.
'That's why I put forward amendments that were agreed by parliament to establish reviews of the quality assurance, the scope of the existing accreditation and also the eventual location of any new accreditation function. There will also be immediate improvements to the quality assurance arrangements. This will all mean an orderly process towards a new accreditation and regulation function.'
The Scottish Government has been approached for comment.
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