Equity and Fairness in Standardized Testing - Legal and Ethical Guide by Stephanie Nolen

Equity and Fairness in STAAR EOC Testing

snolen2_1 — 2024-06-15 19:23:00 UTC

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.

Summary of Equity and Fairness in Standardized Testing

snolen2_1 — 2024-06-29 18:55:18 UTC

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/

Confronting Inequity/Assessment for Equity

snolen2_1 — 2024-06-29 20:40:10 UTC

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

Every Student Succeeds Act (ESSA) with Texas Regulations

snolen2_1 — 2024-07-18 16:30:34 UTC

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

GI Forum v. Texas Education Agency (TEA)

snolen2_1 — 2024-07-18 17:05:04 UTC

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).

Statewide Plan - Texas Education Code

snolen2_1 — 2024-07-18 17:07:37 UTC

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

Required Bilingual Education and English as a Second Language Programs

snolen2_1 — 2024-07-18 17:11:15 UTC

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

Schleicher County Employee Handbook and Student Handbook

snolen2_1 — 2024-07-18 17:35:34 UTC

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

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

snolen2_1 — 2024-07-18 18:27:56 UTC

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

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

snolen2_1 — 2024-07-20 02:35:10 UTC

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/

InTASC Model Core Teaching Standards and Learning Progressions for Teachers 1.0

snolen2_1 — 2024-07-20 03:33:27 UTC

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

Accommodation Resources - TEA

snolen2_1 — 2024-07-20 03:53:01 UTC

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.

Best Practices for Legal Compliance

snolen2_1 — 2024-07-20 16:53:45 UTC

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.