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The introduction of the Stanford-Binet Intelligence test and its subsequent promotion in schools marked a beginning of using testing to systematically exclude groups of people. The creator of the test, Lewis Terman, used this measure to exclude minorities on the principle that these groups of people were "lacking" in some way. The fact that we still use intelligence tests based on the initial Stanford-Binet Intelligence test in school, especially to qualify for students for special education services or gifted programs, raises concerns about the legitimacy of test results. If EBs are scored against peers who speak English as their home language on an assessment given in English, it makes sense that the students who speak English as a home language would score higher than the students who are EBs.

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In 1969, researchers Chandler and Plakos conducted a study to observe how students who primarily spoke Spanish performed compared peers who spoke primarily English. This study found that IQ tests that had been given to students were not accurate and did not reflect the total intelligence and ability of students who primarily spoke Spanish. In fact, Chandler and Plakos found that most of the 47 students they observed were incorrectly identified for a educable mentally retarded class. Since these students had been classified after being assessed with an English only IQ test, it made sense that the results of the test did not fully reflect students' intelligence or ability.

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1999 National Research Council Formed a Committee on Appropriate Test Use

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1999 National Research Council Formed a Committee on Appropriate Test Use

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In 1999, the National Research Council formed a Committee on Appropriate test use. Aligned with previous research, the committee found that when an EB took a test, the result of the test was likely to underestimate the student's total knowledge on the subject. Due to construct irrelevant variance, English only tests are unable to assess an EBs full ability and understanding of a given content area.

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In 2002 No Child Left Behind (NCLB) went in effect. This policy, which lasted until 2015, brought test-based accountability for quality education for all students. Student scores on assessments were used to evaluate the quality of schools. While the education of all students, including EBs, was a central focus of this policy, testing measures did not always accurately reflect students' total knowledge and ability. Although individuals within the educational system were being held accountable of the quantity of education for EBs, test results that underestimated students' abilities caused for the decrease in beneficial programming, such as bilingual programs.

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In 2015, the Every Student Succeeds Act (ESSA) was signed into effect. Through the ESSA, schools are still held by test-based accountability to the educational success of all students. While the ESSA aims to improve on NCLB, many of the same attributes are still in place. While testing and accountability remain similar in both NCLB and ESSA, the ESSA offers more flexibility for schools in the way EBs are assessed. Although EBs are required to take the ELA and math tests regardless of how long they have been in the country for, school districts do not necessarily need to count the students' scores in their total assessment results, at least not for the first year.