guidance

High-risk § 3.3.3

Point 3(b): AI systems intended to be used to evaluate learning outcomes

Official source ↗

(220)

Point 3(b) of Annex III classifies as high-risk AI systems intended to be used to evaluate learning outcomes in educational and vocationaltraining institutions at all levels. The evaluation of learning outcomes refers to the process of appraising knowledge, know-how, information, values, skills and competences-acquired in formal and non-formal, educational and vocational training settings-against relevant standards (learning outcomes, validation).

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The outcome of this evaluation process typically involves a quantified or qualitative assessment of the learner’s achievement against predefined learning objectives, standards, curriculum goals, or competency frameworks. The resulting evaluation may be used for a range of purposes, such as issuing grades or certificates, awarding a qualification identifying gaps in mastery, informing accreditation or qualification decisions, and automatically steering or personalising subsequent instructional pathways (e.g., recommending remedial modules, adaptive learning resources, or progression to more advanced content).

(222)

A distinction should be made between ‘summative’ evaluation and ‘formative’ evaluation, in view of their different objective and impact on a person’s learning prospectus. Summative evaluation refers to the assessment of student learning, which leads to a grade, evaluation, or qualification, or at the end of an formal instructional unit (a course, programme, or educational pathway, such as a term, semester, or a school year), and can thus have a significant impact on the learner’s educational trajectory, including by steering his or her learning process. Formative evaluation, by contrast, is an ongoing process of assessing student learning and progress, and has the objective of improving performance, rather than leading to a final grade, evaluation, or qualification. Formative evaluation is, in most cases , conducted continuously throughout the implementation phase of the academic project or programme and does not lead to a summative evaluation.Its primary purpose is to support learning through activities such as exercises, providing feedback and guidance to help students progress.

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Considering the impact on the student ’ s educational trajectory, only AI systems that make an evaluation towards a final decision affecting educational and professional pathways based on a summative assessment fall under point 3 (b) of Annex III. This means that AI systems that have a significant influence on a student’s educational path, such as AI-powered grading systems that determine a student’s final grade or intermediate grades that are considered in the final evaluation or academic standing, should be classified as high-risk. This follows from the use of the terms ‘evaluate learning outcomes’ used in that provision.

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By contrast, AI systems that provide feedback and learning support as part of the ongoing educational process should not be classified as high-risk. This category includes adaptive learning systems that adjust the difficulty level of course materials based on a student’s performance, intelligent tutoring systems that provide personalised feedback and guidance to students, and learning analytics platforms that track student engagement and progress and provide insights to teachers and educators . Such systems generally do not make final decisions affecting the educational pathways of a person, but rather support the learning process and provide feedback to students in a continuous manner.

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In addition, AI systems used by students on their own volition to support non-formal and informal learning, without specifically being required to do so by the educational or vocational training institution at which they are enrolled , should not be classified as high-risk. Such systems should only be classified as high-risk if they lead to the attainment of a credential, certification, or a form of validation recognised by the relevant public authorities, since they would then have an impact on student’s educational and professional trajectory, unless one of the exceptions in Article 6(3) AI Act applies.

a) Practical examples of AI systems falling within the high-risk use case of point 3(b)

b) Practical examples of AI systems falling outside the high-risk use case of point 3(b)

c) Practical examples of AI systems falling within the use case but exempted by the filter mechanism in Article 6(3)