Discusses the implications of the "GI Forum v. Texas Education Agency" (2000) decision supporting the use of the Texas Assessment of Academic Skills for other state assessment programs. Notes that the legal success of the state test in Texas was not due merely to good fortune, but to the test's adherence to legally defensible principles.…

The admissions decisions of a university are one of its four "essential freedoms," and the courts, as a general rule, defer to universities' judgments regarding academic decisions. In many cases, the courts have said that admissions standards cannot be high-handed, arbitrary, or formulated in bad faith, and they must fall within constitutionally…

This Digest overviews legal challenges in five areas of test use for decision-making in schools: ability tracking, placement in special education classes, test scores as college admissions criteria, test disclosure, and teacher competency testing. Cases illustrating these challenges are described and include: Hobson v. Hansen (1967), Moses v.…

This review covers the test components of validity, reliability, job-relatedness, and test bias in relation to teacher licensing examinations and the legal decisions that have affected policy in this area. The literature provides a history of court decisions and legal rulings that have shaped policy, test design, and test use. The important…

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…

Legal issues at the state and constitutional levels and associated misconceptions related to written preemployment integrity tests are addressed. Common misconceptions include the beliefs that: (1) such tests fall within the purview of state antipolygraph statutes; (2) unfair discrimination doctrines are violated by integrity testing; and (3)…

A brief introduction to the topic of gender bias and fairness in testing is provided. A test is biased if men and women with the same ability levels tend to obtain different scores. The conditions under which a test is administered, the wording of individual test items, and a student's attitude toward the test can affect test results. While gender…

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.…

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)

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…