Lehre 4.0 | Legal Aspects of E-Learning
Fundamentals of assessment of services provided in e-learning (1/3)
Since many universities have not yet dealt in detail with the examination right of e-assessment, many teaching academics are confronted with the problem, that there are no or hardly any binding regulations on this.
In principle, there is no reason why e-examinations should not be carried out as long as certain procedural and formal standards are fulfilled which guarantee a safe, fair and comprehensible examination and ensure equal opportunities for the candidates. If the examination regulations does not specifically permit e-examinations, it must be assumed that an examination on screen is inadmissible if written examinations are explicitly stipulated in the examination regulations (cf. VG Hannover, Beschl. v. 10.12.2008, Az. 6 B 5583/08, marginal 35, BeckRS 2009, 30465 In Forschungsstelle Recht in DFN 2015).
What are E-tests and what types are included?
The term E-examinations or electronic forms of examination (or e-assessment) does not describe a single procedure for carrying out assessments. It is much more to be understood as a collective term that encompasses the sum of all electronically supported methods and instruments that can be used to determine the students' level of performance.
In addition to the frequently mentioned e-examinations, the collective term covers a number of versatile media-supported examination forms such as e-portfolios, scanner exams, electronic worksheets or video examinations, to name but a few. They do not only extend the spectrum of the classical achievement certificates, but offer beyond that - due to the electronic form - additional advantages like (partial) automation of assessments and feedback, result and knowledge security by sustained archiving in IT systems or also reusability of provided examination materials.
In addition to didactic aspects, the study and examination regulations (StPO) and the module regulations play a key role because they determine which examination formats are permitted in the individual modules and courses. In general, all examination formats - both analogue and digital - must be guaranteed to be covered by the StPOs and module manuals if they are to serve the assessment of students. The distinction between academic performance and examination performance is also important.
Since academic achievements are ungraded contributions that are often only communicated to students at the beginning of a course, lecturers have more flexibility in the design. Examination performance, on the other hand, is defined in the regulations and can only be changed to a very limited extent or not at all.
Another aspect is the evaluation of collaborative student works. If, for example, one can only find out with a certain amount of effort who has made which contributions in a wiki article, then such a contribution is not suitable as an examination performance, since joint grades could be perceived as unfair by the students (Sperl et. al. o.D.).
In the graphic above, you will see various classic (and analog) exam forms and equivalent alternatives in e-assessment.
At this point, the question arises about the evaluation of services provided in e-learning. When evaluating services provided in e-learning, it is always important to ensure that legal certainty is guaranteed and that the form of examination always complies with the examination regulations of the respective department or degree program. The following points will help you with your orientation (cf. Hamburger eL Magazin 2009: 32):
Recommendations for the evaluation of services provided in e-learning:
- Has it been ensured that the e-assessment is assessed by the examination regulations and complies with the examination?
- It is important to note the general regulations, special regulations and module descriptions of your department. If there are no concrete statements in the writings, please contact the responsible examination office.beachten Sie hier unbedingt die allgemeinen Bestimmungen, speziellen Ordnungen und Modulbeschreibungen Ihres Fachbereichs. Liegen keine konkreten Aussagen in den Schriften vor, wenden Sie sich an das zuständige Prüfungsamt.
- Is a safe admission to the examination guaranteed?
- Make sure that an identity check by e.g. ID card and matriculation number, PIN / TAN procedure or system logon via access ID is performed.
- Is it ensured that equivalent prerequisites have been created for all candidates?
- Are the candidates familiar with the examination system?
- Is compensation ensured for candidates with impairments?
- Is a prevention of deception guaranteed?
- Is a supervisor present?
- It is possible to use browser blockers or a reduced and controlled computer software that blocks the use of certain applications.
- Is the data protection compliant and copyright-protected design of the correction, transmission and documentation of the examination ensured?
- Are the technical conditions ensured and functional?
- Is the location of the exam defined?
- For example, performance records can be carried out in computer rooms, where the work of the candidates can be monitored.
- In the case of formats such as E-Portfolios as proof of attendance, the services may also be provided elsewhere.
- Is data integrity and system security guaranteed during and after the audit?
- Formulate clear rules of conduct for system or computer failures
- The clear assignment of examinations must be ensured
- The checks must be stored and stored in a secure location (see. "Storage and Archiving" below).
- Is the safe storage and archiving of the evidence of achievement and results ensured?
Even in the case that a university has not issued special regulations for the preservation of examinations, there is a duty of archiving, which results from the fundamental right to freedom of choice from Art. 12 Abs. 1 GG and Art. 19 Abs. 44 GG about entitlement to effective legal protection. Accordingly, the examining authority must document the examination and the basis of its assessment in such a way that the candidate can check whether the examiner has based her or his assessment on the actual assessment basis. It must be comprehensible to the examiner whether the examiner has not rated scientific decisions and justifiable solutions in the scientific sense as incorrect and has not made arbitrary decisions (E-Assessment NRW 2017: 8).
The responsibilities for the archiving of examination documents usually come from the examination regulations of the departments. If there are no further regulations for electronic examinations, the examination regulations should at least stipulate that the requirements for the archiving of written examinations also apply to electronic examinations (E-Assessment NRW 2017: 8).
The exam results can be archived either as a printout in a file or in electronic form. However, electronic storage requires ongoing maintenance and updating of the technology used for archiving. In addition, the authenticity and integrity of the examination documents must be ensured in this case (Kalberg 2009 in E-Assessment NRW 2017: 9).
If the duration of the storage is regulated in the examination regulations, it must be strictly adhered to. As far as retention periods are regulated by special law, a retention period of five years is often provided for examination work. If the evaluation of a thesis was the subject of litigation, a retention period of ten years is common.
If there is no regulation, the documents must remain archived until the examination decision is final. In individual cases, this can even be up to the end of the study, since the grade in some degree programs consists of individual module exam grades. After the file has fulfilled its purpose, there is a deletion obligation. (Forgó et al. 2016 In E-Assessment NRW 2017: 9).