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The Forum > Article Comments > Legal liability and NAPLAN > Comments

Legal liability and NAPLAN : Comments

By Phil Cullen, published 8/1/2014

Many parents are expected to claim retribution for the stress and disturbance to family life and the mental injury to their children, caused by the use of Aussie-style quasi-mandatory high-stakes useless forms of testing.

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What a lot of bollocks.

Testing children causes stress, so should we get rid of the HSC?

All the best schools test far far more regularly than every 24 months, normally several times a semester which gives the teachers, children, and parents an idea of how the children are performing and where remedial action is required. Regular testing makes the process familiar and less stressful.

The real world requires proof of competence, coddling children leaves them ill equipped for the real world.
Posted by Shadow Minister, Wednesday, 8 January 2014 9:45:06 AM
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Phil, I appreciate the concerns over standardised testing and that some institutions place unnecessary pressure on students (contrary to the intention of the tests). The legal issues you raise, however, are simply inaccurate. NAPLAN tests are prescribed under the Schools Assistance Regulations 2009, and there cannot be legal proceedings for implementing them. Negligence law has progressed a long way since the 1932 case that you mentioned, but has never included that a breach of duty of care can be found when carrying out an activity required by law. Although educators bear a general duty of care towards students, it does not and cannot extend to breaches of legislation.
Posted by JamesE, Wednesday, 8 January 2014 9:45:53 AM
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No wonder children have no resilience if NAPLAN testing, and presumably all other forms of evaluation, are deemed too stressful. There are other problems with NAPLAN, but learning to cope with the stresses of life of part of growing up.
Posted by Candide, Wednesday, 8 January 2014 10:06:26 AM
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I have never read such a bit of rationalised tripe in my life. Teachers don't like NAPLAN, because it shows up the deficiencies of a large percentage of teachers, so Phil tries to present it as bad for kids.

What is bad for kids is lousy teachers, who continue "teaching" for years, instead of being removed from the classroom.

What is bad for kids is no national evaluation of what they are learning & achieving at school.

What is even worse is teachers like Phil, trying to prevent anyone looking over their shoulder to see if they are doing the job they are paid for, or just going through the motions, & destroying kids life chances as they do.

Bring back school inspectors, & dismissing really lousy teachers, to reduce this harm to our kids.
Posted by Hasbeen, Wednesday, 8 January 2014 11:55:17 AM
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What an interesting depiction. Hasbeen...maybe some old school might be the right course of action.

planet3
Posted by PLANET3, Wednesday, 8 January 2014 5:29:48 PM
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