·         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.

·

·         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

·         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

Constitutional law

The 10^th 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.

·         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

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). 

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)

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

·         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.