Influence of COVID-19 on the University Examination Situation of Students with Impairments

U. Quapp, K. Holschemacher
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Abstract

In Germany, 11% of students are handicapped with a disability or chronic illness, which negatively affects their studies. In pre-pandemic times, universities worldwide already worked hard to give handicapped students a chance to graduate. In the COVID-19 pandemic, examination boards had to be creative in finding individual solutions to ensure equal examination opportunities for students with impairments. To ensure equal examination opportunities in pre-pandemic times, universities offered compensation of disadvantages for disabled or chronic ill students. While the COVID-19 pandemic, support of disadvantaged students become more important but also demanding for universities. Universities switched to online teaching and replaced classical testing types by distance and/or online examinations. Therefore, the question arose if current examination regulations and established case law relating to compensation of disadvantages in university examinations still are applicable in the pandemic situation. For the research results, literature review of examination regulations and of established German case law was combined with an analysis of the authors’ experience gained in the last 1.5 years. In the first part of the paper, the authors inform about the principles of compensation of disadvantages in university examinations for impaired students. Furthermore, they analyze current examination regulations and established case law in Germany. The paper informs about pandemic-related adaptions in teaching and testing at German universities and the influence on disabled or chronic ill students. Even in pandemics, compliance of examination procedures with university examination regulations and other relevant law is mandatory for a fair examination procedure. After a successful overcome of the pandemic, universities will continue to use the innovative examinations types. The authors conclude that most of the existing examination regulations and relevant case law are applicable to innovative examination types and conditions. Nevertheless, for selected impairments, compensation of disadvantages is no longer necessary, or at least not in the usual extent.
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新冠肺炎疫情对残疾学生高考形势的影响
在德国,11%的学生患有残疾或慢性疾病,这对他们的学习产生了负面影响。在大流行之前,世界各地的大学都在努力为残疾学生提供毕业机会。在2019冠状病毒病大流行期间,考试委员会必须创造性地寻找个性化解决方案,以确保残疾学生获得平等的考试机会。为确保大流行前的平等考试机会,大学为残疾或慢性病学生提供了不利条件补偿。在新冠疫情期间,对弱势学生的支持变得更加重要,但对大学来说也很困难。大学转向在线教学,用远程和/或在线考试取代传统的测试类型。因此,出现了一个问题,即有关大学考试不利情况补偿的现行考试条例和既定判例法是否仍然适用于大流行病的情况。对于研究结果,本文结合了对考试规则和德国现有判例法的文献回顾,并分析了作者在过去一年半中获得的经验。本文第一部分阐述了高考弱势学生的补偿原则。此外,他们分析了德国现行的审查规定和既定的判例法。本文介绍了德国大学在教学和测试中与大流行有关的调整以及对残疾或慢性病学生的影响。即使在大流行病期间,考试程序也必须遵守大学考试条例和其他相关法律,以实现公平的考试程序。大学将在成功克服新冠疫情后,继续采用创新的考试形式。笔者认为,现行的审查制度和相关判例法大多适用于创新的审查类型和条件。然而,对于选定的损害,不再需要补偿不利条件,或者至少不需要在通常的范围内补偿。
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