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Recommendations for best practices for legal compliance with equity and fairness in standardized testing are as follows:

·         School districts should provide annual training or professional development for staff and faculty on accommodations, procedures, and culturally responsive teaching for diverse student needs.

·         School districts should create comprehensive and detailed guidelines and procedures for identifying and accommodating special needs students, and training should be provided to illustrate how to follow these guidelines.

·         School districts should require teachers to report updates on special education and 504 students to the special education coordinators at least twice a six-week grading period.

·         Teachers must be aware of the accommodations provided for ELL students by the first day of school.

·         Before or after-school tutorials must be provided to help disadvantaged students prepare for the STAAR to help address the socioeconomic barriers.

·         Data transparency must be maintained when reporting test results to help identify and address distinctions.

·         Families must be involved in discussions about STAAR testing policies and practices and their rights so they understand the accommodations that are available for their children.

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The Accommodation Resources website defines accommodations and provides procedures allowing students to participate fairly in the STAAR test. There are designated supports that apply to any student taking the STAAR test, and there is a list of designated supports only available to students receiving ESL, 504, and special education services. The website also provides contact information for the Student Assessment Division to allow school districts to contact if there are concerns or questions.

Texas Education Agency. (n.d.). Accommodation resources. https://tea.texas.gov/student-assessment/testing/student-assessment-overview/accommodation-resources#:~:text=Mega%20Menu,the%20eligibility%20criteria%2C%20as%20applicable.

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The Texas Education Agency (TEA) defines accommodations as changes to materials or procedures that enable students to participate meaningfully in learning and testing. Accommodation policies may apply to any student taking the State of Texas Assessments of Academic Readiness (STAAR ®) or the Texas English Language Proficiency Assessment System (TELPAS) depending on his or her needs and whether the student meets the eligibility criteria, as applicable.

Refer to the Accommodations section of the District and Campus Coordinator Resources for more information and additional resources.

These policies are divided into three main categories:

accessibility features-procedures and materials that should be made available to students who regularly use them during classroom instruction

locally-approved designated supports-procedures and materials that do not require TEA approval for students who meet eligibility criteria

designated supports requiring TEA Approval-procedures and materials that require the submission and approval of an Accommodation Request Form for students who meet eligibility criteria

Archive

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The Texas Education Agency (TEA) defines accommodations as changes to materials or procedures that enable students to participate meaningfully in learning and testing. Accommodation policies may apply to any student taking the State of Texas Assessments of Academic Readiness (STAAR ®) or the Texas English Language Proficiency Assessment System (TELPAS) depending on his or her needs and whether the student meets the eligibility criteria, as applicable.

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InTASC Model Core Teaching Standards and Learning Progressions for Teachers 1.0

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InTASC Model Core Teaching Standards and Learning Progressions for Teachers 1.0

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Progression for Standard #6: Assessment

"The teacher understands and uses multiple methods of assessment to engage learners in their own growth, to monitor learner progress, and to guide the teacher's and learner's decision making."

In the third component of this standard, the teacher ethically administers assessments and diminishes bias to allow learners to exhibit the full extent of their learning. This standard component means the teacher is expected to provide appropriate accommodations to ELL students, 504 students, special education students, and gifted and talented students. In addition, the teacher is required to advocate for these students so that they may demonstrate their learning.

CCSSO’s Interstate Teacher Assessment and Support Consortium (InTASC). (2013, April 11). InTASC model core teaching standards and learning progressions for teachers 1.0 [PDF]. Council of Chief State School Officers. https://ccsso.org/resource-library/intasc-model-core-teaching-standards-and-learning-progressions-teachers-10

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InTASC Model Core Teaching Standards and Learning Progressions for Teachers 1.0

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InTASC Model Core Teaching Standards and Learning Progressions for Teachers 1.0 | CCSSO

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CCSSO, through its Interstate Teacher Assessment and Support Consortium (InTASC), is pleased to offer this set of combined resources that both define and support ongoing teacher effectiveness to ensure students reach college and career ready standards.

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Texas Hires Two Companies to Run STAAR, Moving Toward Statewide Online Testing

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Texas Hires Two Companies to Run STAAR, Moving Toward Statewide Online Testing

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A Texas Tribune article by Aliyya Swaby in January 2021 discusses how Texas signed a four-year STAAR standardized testing contract for $388 million with Cambium Assessment and Pearson. Based out of Washington, D.C., Cambium Assessment will obtain $262 million to control the test administration, grading, and reporting of the assessments, which will be entirely online. In addition, Pearson, a London-based company, will receive $126 million to devise the test. A contract with Educational Testing Service (ETS) will end on August 31 so that Cambium and Pearson can take over. Opponents of the STAAR test argue that the tests are too high-stakes and flawed measures of whether students are learning, and they feel that having these tests solely online will be much worse. Advocates of the STAAR test contend these tests make schools accountable for ensuring all students learn. Pearson has been paid to create testing materials for ELL students and students with significant learning disabilities since 2016, and they will receive an additional contract of $15.3 million to continue developing these tests. Because of the 2020 pandemic, Mike Morath, Texas Education Commissioner, declared that STAAR tests will be required in the spring of 2021. However, the scores would not affect the schools’ or districts’ accountability rating.

Swaby, A. (2021, January 4). Texas hires two companies to run STAAR, moving toward statewide online testing. The Texas Tribune. https://www.texastribune.org/2021/01/04/texas-staar-tests/

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STAAR is the state's testing program and is based on state curriculum standards in core subjects including RLA, mathematics, science, and social studies. STAAR tests are designed to measure what students are learning in each grade and whether or not they are ready for the next grade. The goal is to ensure that all students receive what they need to be academically successful. Meeting these individual student needs depends greatly on schools, parents, and community members working together.

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STAAR is the state's testing program and is based on state curriculum standards in core subjects including RLA, mathematics, science, and social studies. STAAR tests are designed to measure what students are learning in each grade and whether or not they are ready for the next grade.

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Dartmouth Reinstates SAT/ACT Scores, Drawing Attention to Role of Standardized Tests

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Dartmouth Reinstates SAT/ACT Scores, Drawing Attention to Role of Standardized Tests

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Dartmouth College announced in February that it would bring back standardized testing requirements after stopping the requirement and hundreds of higher educational institutions nationwide due to the COVID-19 pandemic. However, the author, Kiara Alfonseca, found research from Harvard University and the National Bureau of Economic Research that allegedly shows that standardized tests put less wealthy students at a disadvantage, favoring more affluent white and Asian students. Nonetheless, the College Board, which conducts the SAT, contends that the test should not be faulted for the discrepancy. Rather, the test shows the inequities in the K-12 education system nationwide. The president of Dartmouth College acknowledged that the SAT and ACT scores demonstrate discrepancies in the educational system. As a result, many applicants do not include their test scores even though those scores may have been helpful for their application. Jacob Vigdor, a professor at the University of Washington, is against reinstating SAT or ACT scores and feels many students will bother not applying to universities because they may be ashamed of their scores.

Alfonseca, K. (2024, February 6). Dartmouth reinstates sat/act scores, drawing attention to role of standardized tests. ABC News. https://abcnews.go.com/US/dartmouth-reinstates-satact-scores-drawing-attention-role-standardized/story?id=106987409

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Schleicher County Employee Handbook and Student Handbook

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Schleicher County Employee Handbook and Student Handbook

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Equal Educational Opportunities (Employee Handbook)

This employee handbook policy states Schleicher County ISD does not discriminate based on demographics or students who are provided 504 and special education services. This policy aligns with Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973.

Schleicher County ISD. (2023). Schleicher County ISD 2023-2024 employee handbook [PDF]. http://local.scisd.net/docs/employeehandbook.pdf

Standardized Testing for a Student in Special Programs (Student Handbook)

This student handbook policy states that some students with disabilities and those classified as emergent bilingual students could be eligible to receive accommodations, deferred testing, or exemptions. Furthermore, it states that STAAR Alternate 2 and STAAR Spanish tests are available to students who qualify. Parents and students are encouraged to refer to the administration, counselor, or special education director for more information.

Schleicher County ISD. (2024). Schleicher County ISD student handbook [PDF]. https://core-docs.s3.us-east-1.amazonaws.com/documents/asset/uploaded_file/4696/SCISD/4369931/SCISD-STUDENT-HANDBOOK.pdf

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Required Bilingual Education and English as a Second Language Programs 

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Required Bilingual Education and English as a Second Language Programs 

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This state administrative code states that school districts with 20 or more ELL students enrolled must offer a bilingual program and dual-language instruction. Furthermore, if a district enrolls fewer than 20 ELL students, it may create a bilingual program. If a district has a bilingual program, it must follow all program requirements, including appropriate accommodations for testing.

Required Bilingual Education and English as a Second Language Programs, 19 Tex. Admin. Code § 89.1205

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Required Bilingual Education and English as a Second Language Programs

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This state statute mandates the distribution of appropriate services to students with disabilities, which includes rules for the administration and funding of special education programs so that these children get a free public education. These services include accommodations to their individualized education program (IEP) for instruction and testing. Furthermore, teachers of these students are allotted a review of the IEP and are allowed to provide input in the progression of the student’s IEP.

Statewide Plan, Tex. Educ. Code § 29.001

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Learning disabilities that affect an individual's understanding of what they read or of spoken language. The ability to express one's self with oral language may also be impacted.

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GI Forum v. Texas Education Agency (TEA)

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GI Forum v. Texas Education Agency (TEA)

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The American GI Forum, a civil rights organization founded by Hispanic veterans, filed a lawsuit against the TEA in 1997 over the Texas Assessment of Academic Skills (TAAS) test allegedly being discriminatory against minority students, and they questioned the validity of the TAAS test as an accurate criterion for graduation. In 1999, a federal district court ruled in favor of the TEA, finding that the test was not discriminatory and that the state aimed to ensure that all students met academic requirements for graduation. The GI Forum appealed this ruling. However, in 2000, the Fifth Circuit Court of Appeals upheld the district’s court decision. Regardless of the outcome, this case highlighted educational equity and access and whether standardized testing affects minorities negatively.

GI Forum v. Texas Education Agency, 87 F. Supp. 2d 667 (W.D. Tex. 2000).

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Every Student Succeeds Act (ESSA) with Texas Regulations

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Every Student Succeeds Act (ESSA) with Texas Regulations

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President Obama signed ESSA to replace the No Child Left Behind (NCLB) Act. This law aims to further equity by requiring all students in the U.S. to be taught high and rigorous academic standards to ensure they are equipped for college and careers. This statute also requires states to create accountability systems that include standardized testing and requires 95% of students eligible to take these assessments in each district. Furthermore, this law mandates that states identify and address inequalities in academic performance that stem from race, socioeconomic status, disability, and English as a second language. Finally, this law provides federal funding to support interventions in low-performing schools.

Reference:

Every Student Succeeds Act, 20 U.S.C. § 6301 (2015). https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim

Concerning Texas:

All students, including emergent bilingual students and students receiving special education services, will be evaluated for the first time in  2023. Evaluating these students means the state could intervene if they continuously perform below state standards.

Texas Education Agency. (2023, February 23). Amendment to the state's Every Student Succeeds Act (ESSA) state plan. https://tea.texas.gov/about-tea/news-and-multimedia/correspondence/taa-letters/amendment-to-the-states-every-student-succeeds-act-essa-state-plan-2

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The Every Student Succeeds Act (ESSA) is the federal K-12 education law. ESSA was signed into law in 2015, replaced No Child Left Behind, and reauthorized the Elementary and Secondary Education Act (ESEA). ESEA was signed into law in 1965 by President Lyndon Baines Johnson.

ESSA requires every state to measure performance in reading, math, and science. Every school must inform parents about their standards and their results.

ESSA requires every state to provide parents important information on test performance in reading, math, and science. The report cards must also provide data on graduation rates, suspensions, absenteeism, teacher qualifications, and many other areas. Texas parents may find this information on TXschools.gov and in data reports on the Performance Reporting pages.

Current ESSA Information

Proposed ESSA Plan Amendment - February 2023

Proposed ESSA Plan Amendment - January 2023

Historical ESSA Plan Amendments

Amended ESSA Plan - March 2022

Amended ESSA Plan - December 14, 2021

Amended ESSA Plan - December 21, 2020

Original 2017 ESSA Plan Submission

The Texas Education Agency (TEA) formally submitted the state's Every Student Succeeds Act (ESSA) consolidated plan to the U.S. Department of Education (USDE) on Sept. 25, 2017. After negotiations, the USDE approved the state's ESSA plan on March 26, 2018. The final plan and amendments are provided below.

Final Submitted ESSA Plan - March 6, 2018

ESSA in Texas

ESSA provides a unique opportunity for the Texas Education Agency (TEA) to chart a path for shifting key decisions related to accountability, school improvement, teacher quality, and funding back to the state and local level. Commissioner Mike Morath is embracing this opportunity to maximize the new policy flexibility ESSA offers. Under Commissioner Morath's leadership, TEA is advancing a key goal to establish one vision for the future of the agency, aligning key decision points in developing systems to support ESSA implementation with a new TEA Strategic Plan that will guide all TEA work. Tapping into the new opportunities that ESSA provides will allow for a singular focus on key state priority areas leading to greater levels of student achievement throughout our state.

Stakeholder Engagement

TEA, in collaboration with the Texas Comprehensive Center (TXCC), designed and carried out a comprehensive, multi-pronged engagement strategy beginning in January 2016 to collect stakeholder input and feedback to help shape the agency's strategic direction, inform the development of innovative education systems, and create a unified framework across state and federal policy. This feedback contributed to the foundation of TEA's Strategic Plan and the Texas ESSA Consolidated State Plan.

Stakeholder Engagement

Resources

Communications with US Department of Education

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The Every Student Succeeds Act (ESSA) is the federal K-12 education law. ESSA was signed into law in 2015, replaced No Child Left Behind, and reauthorized the Elementary and Secondary Education Act (ESEA). ESEA was signed into law in 1965 by President Lyndon Baines Johnson.

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In this article, H. Richard Milner discusses five points educators and school districts need when working toward equity and fairness in assessments. First, assessments should be used to measure student scholarship, progress, and advancement over some time. Second, the purpose of assessments should be for teachers to refine or adjust their instruction to respond to and reach the needs of students. Third, assessments should not intimidate students; instead, they should see assessments as an opportunity to see where they are and what they need to improve. Fourth, demanding assessments convey the wrong message and increase anxiety among many students. Finally, standardized testing should be just as diverse as the students who take them.

Milner, H. R., IV. (2018, February 1). Confronting inequity /assessment for equity. ASCD. https://www.ascd.org/el/articles/assessment-for-equity

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When I was in high school, I had a teacher who prided herself on being a tough grader-very few students passed her classes. She talked extensively to her classes at the beginning of the year and throughout the term about how challenging her tests were and even bragged about the meager percentages of students who typically passed them.

While most teachers today don't explicitly follow these types of practices, I've found they still hold enormous power in our schools. So it's important to reflect on the real purposes of assessments and measurement in our work.

As educators, we need appropriate assessment tools to determine what students know and what they have learned in order to revise and refine our (educators') practices. Assessments and measurement tools provide important evidence of what we have actually taught-and how well we have taught it. Assessments should be seen as opportunities for educators to adjust their practices and respond to students, not as opportunities to punitively grade or sort students through explicit or implicit tracking systems.

In this sense, assessment and evaluative tools should be expansive and should be used to chart and promote student learning and development over time. This is especially true with respect to students who are often placed at the margin of learning-black and brown students, students whose first language is not English, students who have learning differences, and students who live below the poverty line. Measurement has often been used as means to compare these students to more advantaged students and thus push them even further to the margins, when it should be employed to support their development as diverse human beings. As Linda Darling-Hammond wrote a few years ago:

The Reagan era introduced a new theory of reform focused on outcomes rather than inputs-that is, high-stakes testing without investing-that drove most policy initiatives. The situation in many urban (and rural) schools deteriorated over the decades.

While measurement allows us to understand dimensions of student outcomes, our focus must be on the inputs-that is, the learning and development opportunities of students in their individual context. When used to gauge or address inputs, assessments have the potential to be much more constructive in our schools and society, to be more equitable and responsive to student diversity.

Supporting Growth and Diversity

In an educational context, equity means developing environments and systems in ways that provide students with what they need based on careful and systematic attention to the particulars of their situation. Equality, by contrast, en-tails providing them with the same, standardized set of conditions and resources regardless of circumstances.

At this point in our psychometric history, we need to do a better job of using our assessments to support equity, as opposed to equality or standardization. We should be working toward assessments-and assessment systems-that help us improve our practices to support student growth and student diversity. These assessments may be written, oral, performative, arts-centered, or technologically enhanced. In all cases, the important thing is for educators to learn what students are learning (or not learning) as we challenge them to build knowledge, attitudes, dispositions, skills, and practices.

In this spirit, here are five interrelated reminders educators need as we work toward assessment for equity:

1. Assessments and "measurement" should be used to gauge student learning, development, and improvement over time.

2. Assessments should be used by teachers to adjust their practices (how they teach, what they teach, when they teach, and so forth) to respond to and meet the needs of students.

3. Students should not feel intimated by assessments, but see them as opportunities to get a snapshot-a picture of where they are and what they need to do to improve.

4. Punitive assessments send the wrong message and can raise anxiety among learners, especially the ones who most need our support.

5. Perhaps most important, assessment tools should be just as diverse as the students who take them.

Re-centering and refocusing measurement systems and assessments on inputs will allow us to develop practices that more closely align with student needs. Equitable assessments are what we need in schools today instead of more standardization.

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Confronting Inequity / Assessment for Equity

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Assessment should help us learn about students-not sort them.

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Summary of Equity and Fairness in Standardized Testing

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Summary of Equity and Fairness in Standardized Testing

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In 2001, annual standardized testing became mandatory in all public schools due to the No Child Left Behind Act. This rule fosters equity by measuring how well the public school system prepares students to master a state’s academic standards. When they are well-built and accessible to all students and proper accommodations are given to students who need them, these assessments can play a helpful role in producing educational equity (Jimenez & Modaffari, 2021). The data gleaned from testing can be used to make a convincing argument for reform; however, progress cannot be made without tracking students’ development (Jordan, 2022).

An emerging issue related to equity and fairness in standardized testing is ensuring that these tests are accessible to students with disabilities, English Language Learners (ELLs), and students with difficulty passing or scoring high but do not qualify for special education. In Texas, students who have received remediation or response to intervention (RTI)  can have specific accommodations or designated supports for the STAAR test, even if they are not identified in special education or ELL. Most parents of students receiving remediation or RTI are unaware their child can receive these supports.

Jimenez, L., & Modaffari, J. (2021, September 16). Future testing in education: Effective and equitable assessment systems. Center for American Progress. https://www.americanprogress.org/article/future-testing-education-effective-equitable-assessment-systems/

Jordan, M. (2022, April 24). How standardized testing is essential to promoting equity - NTPA [Blog]. National Test Prep Association. https://nationaltestprep.org/how-standardized-testing-is-essential-to-promoting-equity/

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Equity and Fairness in Standardized Testing

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Educational inequality in the United States is an obvious, growing, and well-documented crisis¹. Individual students have unequal and insufficient access to quality education, districts are underfunded, and the generational effects of redlining have resulted in de facto segregation that continues to define disparities in educational access in major metropolitan areas. Urban and rural schools alike lack the resources they need, and underinvestment in teacher training and compensation further harms the schools that have the least and need the most.

What are the consequences of unequal investment in education? What are the implications for students? How can we understand the problem so that we begin to work to remedy it?

Standardized tests present the best available tools for assessing learning on a state and national scale. Fair, reliable, and valid exams provide an essential mechanism for quantifying the problem so that resources can be allocated and investment made in the schools and districts with the greatest need.

Historically, standardized tests have been misapplied in those instances where they created unintended perverse incentives for teachers and administrators. When we directly link pay or funding to the outcomes of standardized tests, we distort their value and purpose by making them the ends rather than the means. Tests should be used to understand what students and schools need, but too often they are used as a blunt instrument, which results in teachers teaching to the test, too many days of in-school testing, and a repeated pattern in which the same schools fall short. The tests themselves (and teaching to the test in particular) are not the solution to educational inequality and underperformance, but the tests are essential to shining a light on where we stand and what our students need.

When we blame tests for our educational shortcomings, we deflect blame from the truly insidious forces while compromising our ability to understand the problem we seek to solve. Testing provides some measure of accountability in a decentralized system, enabling districts and states to track student progress relative to standards. Only by understanding where and how students are struggling can we effectively channel the resources needed to begin to close the chasm that bifurcates access to educational opportunity according to wealth, class, and race. The data we glean from testing is also essential to making a compelling case for reform, both in and beyond the sphere of education, on a district, state, and national level. We cannot move forward without knowing where we are.

Standardized tests are an important tool for understanding where we stand as a country. The Programme for International Student Assessment (PISA) is a standardized achievement test that is used to understand academic achievement internationally.² It reveals gender gaps and socio-economic gaps in reading, math, and science, and it speaks to the desperate need for investment and reform in education as we see the United States falling further behind on the world stage. Without standardized tools like the PISA, we lack a yardstick for understanding our failures, and we have little way to recognize the extent of the challenge we face.

We are at the crux of a national debate on the role of standardized testing. Testing detractors argue that standardized tests are racist and classist, but in doing so they miss the mark: the tests themselves are not racist or classist but instead reveal racism and classism in our society. When we blame the test rather than the underlying social structures at play, we are choosing to ignore a symptom while the underlying disease continues to fester. There is a meaningful debate to be had about how testing should be used in an admissions context, who should be required to submit standardized test results, and what those tests can predict about a student's future performance, but if our shared goal is to create a brighter academic future for all students, then standardized tests remain an essential tool for understanding the challenge and evaluating our progress.

Broadly administered standardized tests are also a way to identify students who are performing well in spite of their context. Scores themselves provide valuable information, but they also require context, much as the College Board attempted to provide with the environmental context dashboard.³ The same score from two different students in different contexts may reveal thriving in spite of one's material conditions, or it may reveal languishing in spite of privilege and opportunity, both of which are important for helping to evaluate applicants more accurately and holistically. While tests like the SAT and ACT provide a common yardstick by which to evaluate students, they must not be viewed in isolation - the same score may reveal very different information about two students.

We cannot improve, or even begin to understand, that which we cannot measure. Standardized tests are not the solution to educational inequality - funding, community organizing, effective lobbying, voting, and a meaningful national investment in teacher training and compensation are the components of the solution. Well-intentioned calls to do away with standardized tests have misidentified the culprit: the tests themselves do not create the inequality but rather reveal it in unequivocal terms. Reform is needed in how they are used, but doing away with standardized tests will not solve the problems our education system faces but rather drive them into the dark.

Works Cited

1. https://hechingerreport.org/a-decade-of-research-on-the-rich-poor-divide-in-education/

2. https://www.oecd.org/pisa/publications/pisa-2018-results.htm

3. https://professionals.collegeboard.org/landscape

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How Standardized Testing is Essential to Promoting Equity - NTPA

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Educational inequality in the United States is an obvious, growing, and well-documented crisis¹. Individual students have unequal and insufficient access to quality education, districts are underfunded, and the generational effects of redlining have resulted in de facto segregation that continues to define disparities in educational access in major metropolitan areas.

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Equity and Fairness in STAAR EOC Testing

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Equity and Fairness in STAAR EOC Testing

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I am a 26-year veteran high school English teacher who has taught elementary, middle, and high school. As a result, I have administered many STAAR and TAKS assessments. As an educator getting her master’s degree in Curriculum and Instruction and aspiring to be an instructional coach, I would like to inform other educators and parents about students’ rights concerning equity and fairness in taking the STAAR EOC assessments. Many educators and parents are unaware of the actions that can be taken to ensure these rights are given.

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Equity and Fairness in STAAR EOC Testing