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the case
In Ontario Teacher Candidates’ Council v Ontario (Education), 2023 ONCA 788, the Minister of Education appealed an Order of the Divisional Court which held that a Math Proficiency Test (“MPT”), required to be taken in order to teach in public elementary or secondary schools in Ontario, infringed the equality guarantee contained in the Charter of Rights and Freedoms. The Divisional Court held that the MPT had a disproportionate adverse impact on entry to the teaching profession by racialized candidates.
The MPT was developed after a marked decline in Ontario elementary students’ math scores between 2015 and 2019. In response, Ontario amended the Ontario College of Teachers Act to add a requirement that teaching candidates successfully complete any prescribed examinations relating to mathematics before obtaining a certificate of qualification from the College. The government subsequently enacted a regulation mandating the MPT.
On appeal, the Court of Appeal examined the evidence that had been presented to the Divisional Court. The Court of Appeal found that the data relied upon by the Divisional Court was incomplete and preliminary. The data included less than half the candidates who would eventually write the MPT that year. Further, the number of candidates who self-identified as members of racialized groups was quite small. Because the numbers were small, relatively small changes in numbers would have an outsized impact on the success rate for racialized candidates.
By the time of the appeal, there was significantly more complete information about the impact of the MPT on racialized candidates. The updated data demonstrated that the MPT success rate for racialized candidates, as compared with white candidates, was far smaller than the disparities that had been found, in the past, to constitute a disproportionate impact on a protected group for the purposes of the Charter. To establish a disproportionate impact on a protected group, the Court will be concerned with clear and consistent statistical disparities, which were ruled not to be present here.
Moreover, the Court found that the MPT took into consideration the needs and capabilities of all test-takers. The questions on the MPT were screened for bias and sensitivity to equity issues. The questions were subsequently altered from traditional multiple choice to other close-ended questions, such as drag-and-drop and list ordering problems. The level of difficulty was lowered and teachers who would become teachers of Native Languages only were given an exemption. Moreover, the MPT was administered frequently to allow multiple retakes.
For these reasons, the Court of Appeal held that the MPT requirement did not violate the equality rights of racialized teachers.
our two cents for free
Regulators should consider reviewing data related to their standardized testing processes to determine whether there are consistent, statistical disparities for members of protected groups that are seeking entry to the profession.
In addition to reviewing this data, regulators can also consider having their standardized testing processes screened for bias and sensitivity to equity concerns to see if there are any amendments that can be made to the testing process to reduce barriers to entry, where appropriate.
question
Have you reviewed your standardized testing requirements to ensure they accommodate all potential registrants?
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