The Children’s Ombudsman considers it inappropriate to carry out the candidates’ pre-examination for the national graduation exams, the 2020 exam session. Maia Banarescu also proposes the elaboration of the tests for the graduation exams for students in the 9th and 12th grades only on the basis of the material taught until March 2, 2020.

In an approach addressed to the Minister of Education, Culture and Research, Igor Sarov, the People’s Advocate for Children’s Rights, Maia Banarescu, pleads for the renunciation to the pretesting mechanism in the situation where the educational process takes place remotely. This exercise, in the opinion of the Children’s Ombudsman, will not reach its purpose and will cause additional stress for children. The purpose of organizing the pretests is to observe the student’s level of preparation for the national exams and to show him a test model similar to the one that will be in the final evaluation. Under the conditions of remote learning, no one can guarantee that the student will solve the test independently or will not use sources from the Internet, thus, the test result being compromised. Maia Banarescu recommends MECR to place the test models on the website of the ministry and subordinate institutions without carrying out the pretest procedure, with the establishment of the obligation for students to solve the test tasks.

Also, the Children’s Ombudsman considers it appropriate to develop tests for students in the 9th and 12th grades only on the basis of the material taught until March 2, 2020.

Maia Banarescu argues her position by the fact that the remote learning procedure is a pilot one for the national education system in the Republic of Moldova, its effectiveness will be evaluated in terms of conformity with the educational requirements and in the field of child rights protection. Thus, in order to ensure a socio-legal equity on the segment of national graduation assessments for 2020, they will be elaborated only on the basis of the material that managed to be taught until the entry into force of the special measures established by Decision no. 6 of March 10, 2020 of the National Extraordinary Public Health Commission and the Provision of the Commission for Exceptional Situations of the Republic of Moldova no. 1 of March 18, 2020.

In this regard, the People’s Advocate for Children’s Rights appreciates the actions of the Ministry of Education, Culture and Research undertaken to ensure respect for the right to education under the conditions set out above, by developing remote / online learning. Likewise, the Ombudsman welcomes the adoption of the “Methodology on continuing the remote learning process under quarantine conditions”, which establishes the way of continuing the educational process in primary, secondary and high school institutions under quarantine conditions, when the physical presence of students in the classrooms is restricted. The Ombudsman also supports the obligation to comply with the provisions of the methodology by the local bodies in the field of education, the management staff, the teachers, the students, and the parents / legal representatives.

At the same time, the People’s Advocate for Children’s Rights draws the attention of MECR to several aspects on which the good conduct of the remote learning process depends. Maia Banarescu refers to the degree of assurance with the necessary means of both the teachers who communicate the information and the students, who must have the conditions for receiving it; the level of knowledge by teachers of the information / communication technologies and if they have the corresponding competences and abilities to respond to the requirements of the remote learning. The Children’s Ombudsman doubts on the fact that all students and parents / legal representatives have the possibility to access and use the respective means, have the internet connection; refers to how the right to education of children who do not have the necessary means is ensured.

In the opinion of the Children’s Ombudsman, it is not clear how the organization and conduct of the educational process is monitored for children who do not have the mentioned sources; the record of students who are or are not involved in the remote learning process. The People’s Advocate for Children’s Rights considers that further clarification is needed on how remote training is carried out for children with Special Educational Requirements who need an individualized program and permanent assistance from the support teacher, but also how the right to education of children who are held in detention or isolation institutions of criminal prosecution is realized. The Ombudsman addresses in the approach to MECR the issue of the large volume of homework proposed by teachers, which are not adapted to the students’ abilities and needs, and which increase the period of children ‘s stay in front of the computer and increase the children’s stress state.

The People’s Advocate for Children’s Rights also draws attention to the importance of the signaling by the pedagogues in the case of finding signs of application of violence against children.

Following the above, in order to achieve the purpose and principles of education stipulated in the Education Code of the Republic of Moldova, the Children’s Ombudsman recommended:

• Revision of the Order of the Ministry of Education, Culture and Research no. 376 of March 25, 2020 on conducting the testing of candidates at the national graduation exams, the 2020 exam session in the context of the observations set out above;
• Issuing a circular for teachers regarding the adaptation of the educational process, especially regarding homework to the students’ abilities and needs.

2020 /03/ 26