guidance

High-risk § 3.3.4

Point 3(c): AI systems intended to be used for the purpose of assessing the appropriate level of education

Official source ↗

(226)

Point 3(c) of Annex III classifies as high risk AI systems intended to be used to assess the appropriate level of education that an individual will receive or will be able to accessin the context of or within educational and vocational training institutions at all levels . Such systems may serve two main purposes. The first is determining the level of education an individual will receive in terms of progression within an ongoing learning path, such as advancing to the next grade or moving to a higher-level course. The second is assessing the level of education an individual will be able to access by evaluating their readiness and qualifications before they enter or begin a programme. The latter assessment often happens through placement tests or skill assessments used to determine the appropriate starting level or eligibility for specific educational or vocational pathways.

(227)

AI systems intended to be used for the first purpose may use as a basis the student ’s current level of knowledge and skills in a particular subject area, such as mathematics or languages, and in this way determine the most suitable level of course, programme, or training module for them to follow next, thus supporting a personalised learning pathway. Such systems may also take into account any special educational needs or talents that a student may have, such as dyslexia or a prodigious ability in music, an d provide personalised recommendations for their education. For example, an AI system may recommend a student with a special talent in mathematics to take advanced courses in calculus or number theory, while recommending a student with dyslexia to receive additional support in reading and writing.

(228)

AI systems intended to be used for the second purpose may be used to evaluate an individual’s skills, knowledge, and abilities to identify the most suitable educational or vocationaltraining level for that person. By analysing the learner’s current competencies-and, where relevant, their potential for progression-the system can recommend the appropriate placement within the education pathway and determine whether the student is ready to advance to the next stage of study.

(229)

The ultimate decision-making responsibility rests with teachers and educational and vocational training institutions ’ responsible staff who may accept the AI system ’s recommendations or override them based on their professional judgment and knowledge of each student’s needs and abilities. However, if not properly designed and deployed, such systems could misclassify students and negatively impact their learning opportunities and long-term outcomes , which is why they should be classified as high-risk.

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

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

c) Practical examples ofAI systems falling within theuse cases but exempted by the filter mechanism of Article 6(3)