The paper reports on trends in language testing taking place over the years and aim at critical perspectives of testing and promoting inclusion, equity and justice. It begins with critical theories by Messick, Foucault and Bourdieu, leading to critical language testing (CLT) which focused on consequences and uses of tests. Given the power of tests…

Discusses the increasing number of legal challenges to high-stakes testing, which can potentially impact developmental education programs nationally. Analyzes challenges to the tests in four states, and suggests that the No Child Left Behind Act (NCLB) may lead to lawsuits if a child has not received an appropriate education. (Contains 15…

The context in which higher education admissions tests are used, both intended, validated uses and misuses, are examined. Possible legal problems of misuse are discussed in light of a recent court decision, Sharif v. New York State Education Department. Focus is on three tests: the Scholastic Assessment Test, Graduate Record Examinations, and the…

The nature of percentile ranks scores is explored using concrete heuristic examples. It is explained why arithmetic operations require measurement on equal-interval scales, and that percentile ranks are not measured on equal-interval scales and therefore may not be added or averaged. The consequences of inappropriately adding percentile ranks are…

A lawsuit involving the National Board for Respiratory Therapy illustrates that certification examinations are vulnerable to complaints of discrimination and employers' misuse of test results. The board's five-step process--position-viability study, personnel survey, job analysis, item writing/test development, and criterion-related validity…

Precedents from litigation on state graduation assessments provide insight into the potential legal arguments challengers may raise with regard to mandated content and performance standards for all students. Clearly documented, fairly administered procedures that adhere to professional recommendations will be the hallmark of defensible standards.…

As the first paper in a series of policy papers on high-stakes student assessment programs, this paper examined high school graduation tests. High stakes refers to the use of test results to make important decisions about the test taker. Whether to use a high school graduation test is an essential policy question that will be addressed in a…

A genuine concern for the condition of education in the United States has led to misuse of standardized tests to measure teacher quality. The tests have been used for purposes of admission, advancement, merit, graduation, and certification contrary to research findings and test developer guidelines. The current use of tests has resulted in…

This paper discusses how to determine whether a test was developed in a legally defensible manner, reviewing general issues, specific cases bearing on different types of test use, some evaluative dimensions, and evidence of test quality. Tests constructed and used according to existing standards will generally stand legal scrutiny. (SLD)

This paper explores some of the obstacles to implementation of tests required for graduation by describing state programs in existence as of October 1994 in which students were required to pass a test in order to receive a high school diploma. A survey of state testing directors used to construct the State Student Assessment Program Database was…

States use many high-stakes assessments to make decisions about individuals. These tests may be criticized by those who believe that their purpose or application is discriminatory. Because litigation is time consuming and costly, it is advantageous for states to plan assessments carefully to maximize legal defensibility. This handbook is designed…