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Re: 小學時,男仔的成績是不是較女仔差
當年平機會對教署一案法庭的判詞節錄如下(bold 和 underline 是我加的)。
HCAL1555/2000
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO. 1555 OF 2000
-----------------------
THE USE OF GENDER-BASED MECHANISMS WITHIN THE SSPA SYSTEM
(a) Scaling of the internal assessments on a gender basis
51. When the SSPA system was put into operation, the use of AAT scores to scale IA grades was managed without any reference to gender. However, in the opinion of the Director, early studies of scores obtained by pupils in both the IAs and the AATs revealed a marked gender bias, the IAs favouring girls and the AATs favouring boys. A 1978 report made findings to the following effect :
(a) At 'almost all age groups', girls performed significantly better than boys in the IAs.
(b) Contrary to this, at 'almost all age groups', boys performed significantly better than girls in the AATs.
(c) As the AAT scores were not directly awarded to students but were used to assess the level of IA marking in schools, the boys who did well in the AATs were not being directly credited with those results. Instead, those marks went to boost the level at which the school's IA grades were to be compared with other schools. The direct beneficiaries of this were the students who had done best in the school's IAs; namely, girls.
(d) In the result, the existing method of scaling was to the advantage of girls in co-educational schools but to the disadvantage of the boys in those schools.
(e) In respect of single sex schools, the distortion was apparent within the sexes. Girls in girls only schools competed unfavourably with girls in co-educational schools because they did not have the better AAT scores of boys to boost the level of their scaling. However, boys in boys only schools competed favourably with boys in co-educational schools because, presumably, there were no girls to secure the better results in their IAs.
52. In light of these findings, the decision was made to introduce a gender factor into the scaling mechanism. Initially, girls in co-educational schools had marks deducted from their scaled IA scores while boys in those same schools had marks added to their scores. Patently, at root, no matter how laudable the purpose of the exercise, the intended effect was to boost the final SSPA scores of boys while reducing those of girls. The average margins were not great but they were still material and would have altered the final merit rankings of a significant number of boys and girls. The method of adjustment, however, was found to be unsatisfactory. Mr. Lee Kwok Sung has said that the magnitude of adjustment varied from year to year and relied heavily on human judgment, making the process haphazard. Further studies in 1982 indicated that gender bias was still evident. The decision was therefore made to introduce a system which was described succinctly in a contemporary report in the following terms :
"For future years, girls and boys in a co-educational school should be separated into 2 single-sex schools and converted separately. No adjustment is then necessary."
53. As a result of that change, under the present SSPA system, boys and girls in co-educational primary schools have their results scaled separately. There is no need to examine the complex mathematical way in which this is done. Suffice to say that what is called a 'gender curve' is used. The intended effect, however, is the same as that of the original system of gender scaling; namely, to boost the final SSPA scores of boys and, in comparison, reduce those of girls.
(b) Banding according to gender
54. Banding according to gender has always been a part of the SSPA system. Students are ranked according to their final SSPA score and that score will dictate into which one of three bands they are placed. However, boys and girls are ranked separately in this process. It follows, of course, that the band cutting scores will differ for each sex. For example, to get into Band One a girl may require a final SSPA score of 80% while a boy in her same school may only require 75%. Assuming both of them obtain final SSPA scores of 76% and can claim equal academic attainment, the girl will nevertheless fall into Band Two while the boy will be placed into Band One.
(c) The use of gender quotas
55. The imposition of a gender quota for the purpose of maintaining a balanced ratio between boys and girls in co-educational secondary schools has, along with separate gender banding, always been a part of the SSPA. Indeed, the Commission's Report explained the reason for these two mechanisms being gender-based in the following terms :
" According to the Education Department, the separate processing of boys and girls in bands is necessary because of the very need to allocate a fixed number of places to boys and girls in co-educational secondary schools. The Education Department takes the view that fixed numbers of boys and girls in co-educational schools allow children to receive a balanced education and to develop their interpersonal skills in their daily contact with peers of the same as well as of the opposite sex."
56. The practical effect of gender quotas is that, once the quota for a particular sex has been filled, any further student of the same sex who has chosen that school will be denied entry and will be allocated another school lower in that student's list of choices. This will be the case even though there are still places available in the school for students of the other sex.
這判詞當年在平機會的網站找到,現在已經不再存在平機的網站。要了解多一點,也可參考 HKU 的一篇文章:
http://law.hku.hk/gl/06legal.doc
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