Part A – Theoretical Perspectives

Improving academic achievement in students is one of the forefront concerns for teachers,
and assessment has been shown to be an integral part of being able to measure student
achievement. Mostly, summative assessment, that is assessment that occurs at the end of a
topic and is used to arrive at a grade for the subject, has its place, however it has been
shown that this type of assessment does not provide students the ability to react to feedback
(Marzano, 2006). This is where other forms of ongoing assessment provide opportunities for
students and teachers to modify and self-monitor the teaching and learning that occurs in a
classroom. Marzano (2006) emphasizes that formative assessment, that is, assessment that
occurs during the learning process and has the ability to form or alter the ongoing progress
and activities, is supported by research to be the most powerful tool that has the biggest
impact on learning.
One of the strongest findings in research conducted about the place of assessment, is that
the frequency of assessments has a significant impact on student’s academic achievement
(Marzano, 2006). Whilst it can be difficult to compose two assessment items per week, a
variety of “assessment” techniques can be used to evaluate student learning and provide
feedback – this can be in the form of providing correct answers on worksheets, being clear
about what the criteria is looking for and providing explanations about why a response is
correct or incorrect (Marzano, 2006). These can be done in a class setting, or one on one
situations and should be done in a way that is inclusive and allows for cultural and specific
learning needs. Whilst Hattie advocates that the influence on student learning outcomes is
the actions of teachers, there is a degree of isolation in the research from a student’s cultural
and social context that would have an impact on Indigenous students in schools (Lloyd, et
al., 2015).
It is important therefore, that as teachers, students are able to understand that assessments
help them learn and are not a measure of their perfection in a subject, rather that mistakes
can be made and that when mastering new things a mistake can assist them in figuring out
how to get better at what they are doing and understand their thinking (Tomlinson, 2014).
When students understand and experience the reality of mindful attention of progress and
perseverance leading to success (Tomlinson, 2014), then they learn to celebrate success
and remain engaged and the teacher-student relationship is effective (Marzano, 2007).

Part B – The Assessment Tasks (Appendices A-C)

The advantages of frequent assessment in a classroom setting allows teachers to gauge
what their students are understanding or not, and teaching can be adjusted accordingly, but
it also provides sound feedback to a student about how they are progressing in the course,
where they can improve and provide encouragement (Marzano, 2006). Assessment is useful
when teachers can gain evidence about students learning, interpret that evidence and use
that in their teaching moving forward to benefit the student (Tomlinson, 2014).
Appendix A is an argumentative essay which requires students to analyse and evaluate the
current laws and argue the fairness of such laws depending on jurisdiction where the offence
takes place. It is recommended that an investigation take the form of an inquiry report for
unit 1, however, later in the subject students are required to write an argumentative essay
(QCAA, 2018), and this assessment item allows for students to practice argumentative style
of writing. Analysing and evaluating engages the ‘Synthesis’ level of Blooms Taxonomy
(Collins, 2014) and this tool will demonstrate a student’s ability to explain and evaluate the
law, the theory of punishment and apply it to a specific scenario. This assessment item is a
progression through a unit of work and as students learn about offences and sentencing
processes, they can apply it to their assignment. It is a useful scaffold assessment item that
uses assessment for learning and as learning and encourages students to take
responsibility of their own learning as well as ask questions, encourages self and peer
feedback and will provide effective feedback so a student can reflect on their learning and
see that they can improve (NSW Education Standards Authority, n.d.). The criteria is clearly
set out so that students can see explicitly what they are being assessed on, and they can
tailor their response to ensure that the criteria is met.
Appendix B is an examination with short responses and one pre-prepared long response
question which requires students to engage the ‘transfer’ element of higher order thinking
skills (Collins, 2014), that is, students using their knowledge and skills to apply it to a new
situation. This assessment item is a recommended method of assessment (QCAA, 2018)
and should be conducted in a school’s exam block at the end of the unit of teaching and is
an assessment of learning which provides a grade for students at the conclusion of the work
and the results of which can inform future pathways and learning goals for students (NSW
Education Standards Authority, n.d.). This item assesses the entirety of the unit of work in
Criminal law and criteria is set out at the beginning of the document so that students can
understand what they are being assessed on in the examination. This assessment item
gives students the opportunity to experience a modality of assessment that is used in their
grade 12 year, and to seek feedback from the teacher and the result can assist teachers with
what steps can be taken to adjust learning and teaching through the syllabus, not just for this
unit topic.
Appendix C is an extended response item or multimodal research presentation which allows
for self and peer assessment for students to monitor their learning and ask questions. There
are opportunities for feedback in this assessment item which assists students to understand
the next steps in their learning (NSW Education Standards Authority, n.d.). This assessment
piece is inclusive of all learners and requires students to apply their knowledge and skills to
a new situation. Higher order thinking skills are engaged when students evaluate and justify
their arguments and is an activity that allows them to practice these skills and receive
feedback in relation to their learning. This assessment activity sits within topic 4 of the unit of
work (QCAA, 2018) and also provides feedback to the teacher on any alterations to teaching
that may be required.

Part D – Catering for all learners

For the argumentative essay assessment task, students will be given time in class to
conduct research and write their essays. In order to cater for a diverse range of learning
needs for this assessment piece, library sessions where they are taught and provided with
resources to allow them to conduct legal research. Further, those sessions will allow for
teaching literacy skills to assist in formatting an argumentative essay, how to write an
introduction and hypothesis as well as using the PEEL strategy to construct argumentative
paragraphs to address the criteria of the assessment piece (Fennessy, 2013). This method
of explicit teaching of these skills will greatly assist Indigenous students (Lloyd, et al., 2015)
In addition, students with learning difficulties, such as dyslexia, can be provided with a more
structured outline of how to write an essay, and sessions before or after school or during
lunch can be provided to allow them more time to ask questions about the task. This will also
allow the teacher an opportunity, if time does not allow in class, to review the writing of the
student to assist them in getting their ideas down in an articulate manner. Peer editing could
also assist students that have difficulty communicating effectively in writing to allow
corrections to spelling and grammar to be made.
In relation to the examination assessment piece, where there are any students that require
additional time to complete the exam, allowances can be made where they are either
supervised in a separate room, or providing a space in the exam room where they are less
likely to be disturbed when the other students have completed the exam.
For learners that use a kinesthetic approach, a visit to the Courts would be a valuable
learning experience (and has been incorporated into the unit plan that was prepared
previously) and allow them to see the theory in practice. This strategy is particularly useful
for Indigenous students in general where visual aids and oral modes can assist learning
(Lloyd, et al., 2015). To complement this learning style, the assessment item in appendix C,
either as a multimodal presentation or as a class discussion, also caters for a diverse range
of learning needs.
In particular for Indigenous students, incorporating Indigenous perspectives into the teaching
and learning of this unit is particularly important and creates a more meaningful learning
environment for those students (QCAA, 2018). If cases are used in class or in assessment
pieces, it is important to provide a caution to Indigenous students – this could certainly be a
likelihood in the assessment item in appendix C where cases involving Indigenous victims
are referred to, and so sensitivity would need to be shown by the teacher and class to
acknowledge Indigenous traditions in relation to deceased people (QCAA, 2018). Individually
competitive classroom settings can jeopardise effective engagement for Indigenous
students, and it is important to create a classroom setting where students have a sense of
working collaboratively and not against each other (Lloyd, et al., 2015).
Criminal law can be confronting at times, and preparing and catering for students where
there are particularly sensitive issues is important to ensure their well-being. Incorporating
debrief sessions into lessons can assist in creating a conducive learning environment
because it creates a level of trust between students when they are addressing distressing
material. Giving students frequent assessment pieces in class allows them to practice the
techniques and understand the expectations of assessment items and therefore feel more
comfortable approaching more formal and summative assessment items (Marzano, 2006).