HIGH STAKES TESTING

High expectations? Fairness? Accountability? Most people have strong opinions about these issues. Think you have the answers? Read on.

Last week, the Indiana Civil Liberties Union asked a state judge to grant an injunction that would prevent Indiana from requiring special education students to pass an exit test before receiving a high school diploma. To receive a high school diploma, this year's graduating class must pass Indiana's exit exam or receive a waiver. 

With the increased emphasis on accountability and improving the quality of education, including special education, similar battles are being waged in several states. 

In 1998, the Indiana Civil Liberties Union filed a class action suit on behalf of learning disabled students in "Meghan Rene et. al. v. Dr. Suellen Reed et al." Meghan Rene, a nineteen year-old honor student, represents a class of more than 1,000 Indiana students with disabilities who haven't passed the state exit exam that was mandated in 1997. 

The class action suit alleges that Indiana violated the students' due process rights by changing the rules for graduation without allowing adequate time for the students to learn the required information. The suit also asserts that if a student's Individualized Educational Program (IEP) provides for an exemption from this testing or provides modifications or adaptations for testing, these must be honored. 

Some say it's unreasonable and unfair to expect children with disabilities to pass exit tests. 

Others say it's unreasonable and unfair to expect children with disabilities to pass exit tests when schools haven't provided children with the remediation they need. If schools don't teach children to read, write and spell, is it reasonable or fair to penalize these children because they haven't learned the skills they need to pass exit exams? 

We asked Indiana advocate Pat Howey for her thoughts about the issues in this case. 

Pat wrote, "I have mixed feelings about this issue. If requiring students to pass Indiana's Gateway Exam (ISTEP+) before receiving a diploma will ensure that schools provide them with an appropriate education, then I'm all for it. I agree with Indiana Department of Education, that students with learning disabilities are capable of passing."

"On the other hand, schools have failed to provide these students with the education that will enable them to pass." 

Pat explained, "It's important to realize that schools are pushing for these waivers. Schools are encouraging parents to fight the ISTEP+ requirements. Why? Because schools don't want to provide these students with the education they need to pass the test! So I'm wary of the schools' intentions." 

"Students with disabilities have always had the option of taking the group achievement tests (including ISTEP) on a diagnostic basis. This means they were not subject to retention or remediation. In other words, the test was meaningless."

Pat said, "In R.T. v. Chesterton IN, (link follows) Robert testified that he was repeatedly told that he did not have to worry about passing the ISTEP tests . . . that he would not have to pass or go to summer school." 

https://www.wrightslaw.com/law/caselaw/Indiana_Kerr_Howey_00_0121.pdf

"So Robert guessed at the answers on the ISTEP tests, from first through seventh grade. 'Eenie, meenie, miny, moe.' When I tried to interpret the results of these tests, his scores bounced all over the place!"

When Congress re-authorized the Individuals with Disabilities Education Act in 1997, they found that implementation of the statute "has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities." (WRIGHTSLAW: SPECIAL EDUCATION LAW, page 20)

"Over 20 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by -

Are you interested in learning more about high stakes testing? Here are some articles and links to help you get started: 

"Indiana Case Focuses on Special Ed" 

In this informative article, Lynn Olson uses the Indiana case as a springboard to discuss ramifications of high stakes testing for special education students. Olson notes "Twenty-eight states have exit exams that students must pass to graduate or are phasing in these exams . . . Twelve states, including Indiana, require students with disabilities to pass the same exam with the same score as other students." She describes a patchwork quilt system of diploma requirements enacted by states. (Delaware devised a system with three levels of diplomas.) (Education Week, May 31, 2000)

http://www.edweek.org/ew/ewstory.cfm?slug=38stakes.h19

Last year, a group of Oregon parents filed a federal lawsuit. Because the Oregon testing system does not allow accommodations for learning disabled students, they assert that the system discriminates against learning disabled students. The students and their families are represented by the California-based Disabilities Rights Education and Defense Fund: http://www.dredf.org/

Legal information in this article is from WRIGHTSLAW: SPECIAL EDUCATION LAW. For more information about this book, including sample chapters and reviews, follow this link: 

https://www.wrightslaw.com/bkstore/ourbooks/Wrightslaw_Sped_Law.htm

Pat Howey wrote an excellent advice article in our "Special IEP Issue." If you missed it, you can get this article at -

https://www.wrightslaw.com/advoc/guest/Howey_Advice.htm

NOTE FROM WRIGHTSLAW 

Do you have questions about high stakes testing of children with disabilities? If so, you need to get a copy of the new Memorandum on
Assessment that was published on August 24, 2000 by the U. S. Department of Education.

Download OSEP Memorandum on Assessment in pdf at this URL

https://www.wrightslaw.com/law/reports/osep_memorandum_assessment_000824.pdf

Download OSEP Memorandum on Assessment in rich text at this URL:

https://www.wrightslaw.com/law/reports/osep_memorandum_assessment_000824.rtf