I am currently teaching undergraduate level courses in mathematics and engineering in a university in the United States. My university requires us to go through some training on how to make our classroom more welcoming to a broader student body. Whether this is a worthwhile goal is another topic for another day. I want to ask about something more concrete.
From our discussion, we came up with a "tiered grading system" where students decide the level of difficulty they'll be assessed at. In this system, each tier represents a varying depth or complexity of the course content, potentially meaning more in-depth study, harder examination questions, or more complex assignments.
By choosing a higher tier, students may face higher difficulties or workloads, but they also stand the chance to demonstrate a higher level of understanding and mastery of the subject area. Conversely, a lower tier might involve less advanced study but would also offer less opportunity to demonstrate a deeper understanding of the topic. Students could switch tiers at any time.
However, regardless of the tier chosen, the top grade (e.g. an 'A') could be achieved within each tier, according to the individual expectations and assessment criteria of that tier. It's a system that can individualize the learning pathway and assessment, according to the abilities, aspirations, and learning strategies of each student. Outside of the classroom, there will be no indication (e.g., on transcripts) of which tier a particular student chose.
This approach can be beneficial as it allows students to learn at a pace and depth that best suits their abilities and/or career goals.
My question is, ignoring the extra time and effort required from the instructors, is there any ethical (or even legal) issue with this approach?