Sentences with phrase «assessment of fairness»

Reg 5 (1) is circumscribed by reg 6 (2) which provides: «In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate: (a) to the definition of the main subject matter of the contract, or (b) to the adequacy of the price or remuneration, as against the goods or services supplied in exchange.»

Regulation 6 (2) exempted assessment of the fairness of the balance of the essential bargain between a seller or supplier and a consumer.

Not exact matches

In addition, the only independent financial assessment made available to Avalanche shareholders, that contained in the merger fairness opinion, made no attempt to assess the potential value of Annapurna's product candidates.

The notion of testing preschool aged children is met by many educators with concerns about test validity, quality, fairness, and effectiveness of assessment.

If the new assessments are to fulfill the promise of the Common Core, test designers (and indeed all of us) will have to embrace a different, stronger version of fairness, one that requires us to tell the fuller truth about where our students stand, and test the rigorous content that will impart the knowledge and skills to succeed.

«This award renews my commitment to ensuring equity and fairness in assessments of Latino English Language Learners, the driving force of my dissertation research.»

Without widespread agreement on what good teachers need to know and be able to do, and given the skepticism among professional educators about the fairness or value of standardized assessments, NCATE has little leeway for assessing outcomes without inspiring controversy.

The Boston - based Pioneer Institute (which, in fairness, has made its opposition to the common core well known) estimates a cost of $ 6.87 billion for technology to bring schools up to par with the requirements of common core assessments.

It struck me that no one in attendance had much thought about how this kind of design would compromise current efforts to use assessment results for accountability or teacher evaluation, or about how this would sow legitimate doubts among teachers and parents regarding fairness in a high - stakes environment.

Because - and especially in their assessments - they tend to reflect familiar categories: The sharp and often distorting distinctions among and between «subjects»; age grading; the value placed on quick recall; the dumbing down of the quality and grace of expository prose to make it fit into some sort of rating scheme; the overload of material to be covered, usually the inevitable result of intracommittee ideological logrolling, which leads to a bit of this and a dollop of that; the almost absolute denial of a value placed on individual ingenuity, craggy but provocative thinking, sustained work, and desirable variety; the lack of interest, signaled by the assessment apparatus, of the virtues of fairness, good character, and imagination.

So thinking about how fairness plays into the relationship between curriculum, pedagogy and assessment, it's no good having an assessment that's not an authentic reflection of what the kids have learnt and the way that they've practised it.

Indeed, the fact that Standards for Educational and Psychological Testing (AERA, APA, & NCME, 2014) opens with the first three chapters focused on the foundations of validity, reliability and fairness underscores the importance of consideration of these elements in all assessment.

Both quotes are strong statements in support of good K - 12 large scale testing practices required by educational measurement standards (i.e., validity, reliability, comparability, fairness) that are also included in CA's statewide assessment authorizing statutory language.

School - level value - added is also being used to accommodate the issue of «fairness,» just less frequently now than before given the aforementioned «multiple assessment» trends.

«These principles recognize that we must combine research, fairness and common sense to create assessment systems that are responsive to the increasing number of students with special needs in schools today,» explained Dr. Alba Ortiz Professor of Special Education and Director of the Office of Bilingual Education at the University of Texas, Austin.

The «test of the test,» which runs through June 6, will serve multiple purposes — but mainly to gauge the accuracy and fairness of the test questions ahead of the new assessments that will become operational next year.

Encourage all levels of educators and standardized assessment creators to abide by «fairness and equity considerations».

Attending to issues of diversity and fairness in assessment — including explanations of historical or political events, names in word problems, experts cited, and even details like the book covers students see when doing research projects — can help schools reconcile the mixed messages that surface when schools say that students need to be prepared for a diverse world while primarily exposing them to familiar names and faces (Hess & McAvoy, 2014; Popham, 2006).

However, years of statewide assessments have failed to significantly close that gap; in fact, as income inequality grows across the state, the student achievement gap continues, pointing out the lack of fairness and access for all Connecticut's students to equal educational opportunities.

Here in California, the SBAC assessments have been carefully examined by independent examiners of the test content who concluded that they lack validity, reliability, and fairness, and should not be administered, much less be considered a basis for high - stakes decision making.»

Again, as Dr. McRae asserts, including current scores in student academic records without evidence of validity, reliability, and fairness of the assessments would be «immoral, unethical, unprofessional, and to say the least, totally irresponsible.»

Research suggests high - quality assessments of school principals should be, among other things, consistently applied and tested for fairness; seen as an ongoing process for professional growth rather than a «tool» or isolated event; and based on the best available evidence.

Research and best practice models suggest that high - quality assessments: (1) measure what they are designed to measure; (2) are consistently applied and tested for fairness; (3) regard assessment as an ongoing process for professional growth, not just a «tool» or an isolated event; (4) use the best available evidence, often from multiple sources; (5) reinforce the organization's core goals; (6) provide actionable feedback on what matters most; and (7) help build a culture of continuous improvement.

In the interest of fairness, and to allow time for educator preparation programs to integrate such changes into their curricula, test materials for specific assessments will continue to reference the terminology, criteria and classifications referred to in the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM - IV - TR) until further notice.

In fairness, the consistency of quality among them make an objective assessment of the Top 10 K.K. Slider songs nigh impossible, and this is something this article does not pretend to attempt.

Using the process of inventory, assessment, and optimization, MBDC provides technical expertise to develop solutions around material health, material reutilization, renewable energy use, water stewardship, and social fairness.

Parker J held her to an order in the terms of the original agreement: «[58]... The duty of the court [is] to make its own independent assessment, and to consider the s 25 criteria and fairness, and a just result.

In OFT v Abbey National plc and others [2008] EWHC 875 (Comm), [2008] All ER (D) 349 (Apr) Mr Justice Andrew Smith ruled that none of the terms considered were void as penalties at common law, but they were susceptible to assessment as to fairness under the Consumer Contracts Regulations 1999 (SI 1999/2083) reg 6 (2).

However, «until the various parties expressing strong opinions about the merits of criminal justice risk assessments clarify what they mean by «fairness,» no progress can possibly be made,» Berk says.

In discussing the choice to make the factors open to public scrutiny, Matt Alsdorf, the vice president of criminal justice at the Arnold Foundation, says that «it's important from a fairness per - spective for all the parties to understand what goes into a risk assessment.»

The U.S. Chamber of Commerce's September 2017 assessment of state liability systems ranked South Carolina 34th among all 50 states in the fairness of its litigation environment.

The claimant's investigation might involve consideration of the fairness of the structure of the pricing regime but that was very different from an assessment of the overall «adequacy» of the benefits to a bank from operating it.

That comes as little surprise given the court's emphasis on the fact - specific nature of the assessment of the requirements of fairness.

2 Despite that our current contingent fee system requires after - the - fact assessment for fairness and reasonableness and the relative vulnerability of clients, some still argue that any reform should be on the basis on caveat emptor.

That said, I would venture that trial fairness should operate as the guiding principle in this area, so if the plaintiff has decided that expert evidence from one specialty based on an examination of the plaintiff is relevant to the adjudication of her claim at trial, courts should be loathe to deny the defence a fair opportunity to respond with expert evidence from the same specialty based on an assessment of the plaintiff.

At the heart of this assessment conundrum is an easily articulated yet extremely elusive concept and that is pricing fairness.

If the answer to Issue (2) is «yes», are the Relevant Provisions exempt from assessment for fairness under the 1994 Regulations by virtue of Regulation 3 (2) because they either define the main subject matter of the contract or concern the adequacy of the price or remuneration, as against the goods or services sold or supplied?

We loved the idea of a self - assessment as an activity that would provide court officials with a means to see how procedural fairness impacts many aspects of their courts, as well as to get feedback about their effectiveness.

Importantly, however, the fairness assessment is not applicable to terms in «plain and intelligible language» regarding the «definition of the main subject matter of the contract» or the «adequacy of the price or remuneration, as against the goods or services supplied in exchange», colloquially referred to by many as «price terms».

The banks argued that their fees were the price of providing an unauthorised overdraft, or alternatively were part of the «whole package» of prices and services that a current account consists of, and therefore the fairness assessment is not applicable to the fees.

He provides services to corporate, institutional, and individual clients as well as public agencies on all facets of hospitality real estate including: litigation support and expert testimony, site evaluation, highest and best use analysis, appraisals for mortgage, acquisition, and portfolio management, workout strategies, operational analysis, development consulting, property tax assessment appeal evaluations, economic impact studies, fairness opinions, deal structuring, and negotiation of management and franchise agreements.