Apart from lotes, scaling is determined by the average raw scores that students taking the subject in question are getting, ie. the average score that students doing spesh get in their other subjects is higher than for english, so scaling reflects this. I think the high lote scaling is fair, as it is extremely difficult to score highly. I got a 50 in methods last year, and I reckon that the amount of time and effort required to achieve that are way less than what needs to be done to achieve a 50 in french. I'm not saying this because I find maths easy or languages hard (on the contrary, my natural affinity for languages is greater than mine for maths), I'm saying this because proficiency in a language is developed through years of committed learning and active engagement with the language.