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·         Pay close attention the evaluation, assessment, and interpretation section of the ASCA code of ethics for school counselors (ASCA n.d.)

·         Required testing in schools is mentioned in Every Student Succeeds Act (20 U.S. Code § 6301)

·         It is crucial to follow the testing policies of your local school district.

·         Mills vs. Board of Education of District of Colombia determined that every student has the right to an equal education that must be tailored to the student’s individual abilities. Mills vs. Board of Education of District of Colombia 348 F. Supp. 866 (1972)

·         According to Brooks and Shelton (2019) required testing in schools was meant to create equity, but it first promoted segregation.

·         There are conflicting views on whether required testing in schools is beneficial to students.

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According to procon.org (2019), there are conflicting opinions on the effect of required testing in schools. Some people believe that standardized tests are unreliable and show little to no proof of learning.
procon.org (May 24, 2019) Do standardized tests improve education in America? Retrieved from https://standardizedtests.procon.org/

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Ethical Principle
In the American School Counselor Association Code of Ethics Section A. 13.h it states that school counselors should  “use caution when utilizing assessment techniques, making evaluations and interpreting the performance of populations not represented in the norm group on which an instrument is standardized” (ASCA, n.d.). This part of the code of ethics for counselors discusses required testing in schools. It touches on the topic of acceptable ethical behavior for administering and analyzing exams
American School Counselor Association n.d.

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Local law

Northeast Independent schools district testing services will maintain the highest standards required for the statewide testing program. They supply quality training for campus test coordinators and staff as well as provides all test administrator training materials. In addition, they also monitor testing for NEISD campuses, so all students have optimal testing conditions Northeast Independent School District Testing Services (2020, April 23).

Retrieved from: https://www.neisd.net/domain/271

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Slide # 9

State Judicial Law

Mills vs. Board of Education of District of Colombia

·         Established that students with disabilities must have and equal opportunity to education.

·         The education must be tailored to the student’s abilities.

·         Students who test must have accommodations according to their own abilities.

Mills vs. Board of Education of District of Colombia 348 F. Supp. 866 (1972)

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Slide # 8

State Administrative Law

A school district, charter school, or private school administering the tests required by the Texas Education Code (TEC) Chapter 39, Subchapter B, shall follow procedures specified in the applicable test administration materials. (19 Tex. Admin. Code § 101.27).

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=101&rl=27

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According to Blackwell (2017):

·         Reporting on the State of Texas Assessment of Academic Readiness Alternate 2 (STAAR ALT 2) exam should be made simpler.

·         It should be easier for parents to read and understand the score report that they receive in the mail.

·         The author suggests that someone needs to review the report with the parents.

·         Another idea was to provide better definitions of terms on STAAR score reports.

·         Changing the language could also be a good idea to make it easier for parents to utilize the information provided on the reports.
Blackwell. W. H., (2017). Strategies to Help Parents Understand and Utilize Their Child’s STAAR Alternate 2 Results. Journal of the Texas Educational Diagnosticians Association 46(2), 4-6. Retrieved from http://eds.a.ebscohost.com.easydb.angelo.edu/eds/pdfviewer/pdfviewer?vid=5&sid=48b88347-ad02-4ad7-916c-4ac73eebacb4%40sessionmgr4006

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Constitutional law

The 10th Amendment of the Constitution of the United States of America

·         States that powers not delegated or prohibited in the United States Constitution shall be transferred to individual states (U.S. Const. amend. X).

·         Includes laws on Education

·         https://www.senate.gov/civics/constitution_item/constitution.htm#amdt_10_(1791).

·         U.S. Const. amend. X.

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·         Professional Perspective:  Guidance Counselor

·         Audience: Elementary, Middle, and High School Counselors

·         Legal Guide Topic: Required Testing in Schools

·         Reason for Choosing Topic:   I chose this topic because I will be involved in organizing required testing for my campus. I will be analyzing the results of these exams make decisions that involve my students.

·

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School counselors organize and administer required testing for students (Shafer, 1995).They also consult with stakeholders to help interpret exam results. The interpretation of the results is useful in helping school counselors make decisions for their students. Scores determine which courses are the best choices for students.
The Every Student Succeeds Act (ESSA, 2016), now allows states to use SAT or ACT tests as an alternative to state tests. It also put a limit on the amount of students who can take alternate exams based on IEP's or 504 plans. School counselors will not be able to order alternate state exams for every student that may need them   (20 U.S. Code § 6301)
This will change the way counselors organize and administer required state testing.

20 U.S. Code § 6301

Shafer, W.D. (1995). Assessment Skills for School Counselors. Eric Digest.

https://www.ed.gov/essa?src=rn

https://www.counseling.org/Resources/Library/ERIC%20Digests/95-02.pdf

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In a report posted by the Texas Education Agency, state testing has been cancelled due to covid-19. Governor Greg Abbott  decided that The State of Texas Assessments of Academic Readiness (STAAR) would not take place for the 2019-2020 school year (Tex. Educ.Code §28.0211). Districts will decide if students will move up to the next grade.

Tex. Educ.Code §28.0211
https://tea.texas.gov/about-tea/news-and-multimedia/correspondence/taa-letters/cancellation-of-staar-testing-for-the-remainder-of-the-school-year

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Elementary and Secondary Education Act of 1965

·         Provided funds for primary and secondary education.

·         Created to promote equal access to a quality education.

·         Funding was for professional development, instructional materials, resources for educational programs, and parental involvement programs.

Elementary and Secondary Education Act (20 U. S. Code § 3414).

·         Every Student Succeeds Act (20 U.S. Code § 6301)

·         ESSA requires states and districts to ensure that all students, including children with disabilities, English learners, and other historically undeserved groups, graduate high school ready for college or a career. To measure progress against that goal and maintain a critical focus on educational equity and excellence for all, the law maintains the requirement that states administer to all students annual statewide assessments in reading/language arts and mathematics in grades 3-8 and once in high school, as well as assessments once in each grade span in science for all students and annual English language proficiency assessments in grades K-12 for all English learners. The law also includes important protections to ensure that all students are tested, offered appropriate accommodations when needed, and held to the same high standards. The ESSA also provides several new flexibilities to help states develop innovative approaches to assessments and reduce duplicative, unnecessary testing

Elementary and Secondary Education Act, 20 U. S. Code § 3414.
Every Student Succeeds Act, 2015,

·        20 U.S. Code § 6301 https://www.govinfo.gov/content/pkg/FR-2016-12-08/pdf/2016-29128.pdf

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According to Brooks and Shelton (2019)
·         Required testing in schools was meant to create equity in education.

·         Testing was the reason that schools stayed segregated.

·         English and Math teachers are having a hard time teaching what they would like to teach.

·         Teachers in many states are teaching to the test.

·         English teachers would like to expose their students to more literature, but they are limited by state exams.
Brooks, T., Shelton, S. A. (2019). “We need to get these scores up”: A narrative examination of the challenges of teaching literature in the age of standardized testing. Journal of Language and Literacy Education 15(2), 1-17. Retrieved from https://files.eric.ed.gov/fulltext/EJ1235207.pdf