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11 Potential Strategies for Promoting Appropriate Test Use
Pages 247-272

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From page 247...
... The first section cieals with the two existing monitoring anc3 enforcement mechanisms: professional stanciarcis anc3 legal action. These 247
From page 248...
... These include deliberative forums, a test monitoring body, better infor' mation about the content anc3 purposes of particular tests, anc3 increased government regulation. We also consider the criteria one might use in evaluating alternative approaches.
From page 249...
... Joint committees of the American Psychological Association (APA) , the American Educational Research Association (AERA)
From page 250...
... Compliance with the Joint Stanclarcls is voluntary for members of the AERA anc3 the NCME, who are mainly academics anc3 researchers. These organizations encourage compliance, in accordance with their ethical guidelines, but they lack monitoring or enforcement procedures (American Educational Research Association, 1992; National Council on Measurement in Education, 1995~.
From page 251...
... anc3 Title {X regulations include provisions on tests that have disproportionate impact by race, national origin, or sex, but neither they nor the constitution's equal protection clause covers inappropriate test uses that affect all children equally. Moreover, federal civil rights protections are far less extensive or specific with respect to educational tests (uncler Titles Vl anc3 ~X)
From page 252...
... On other occasions, however, courts have approved test uses inconsistent with the Joint Stanciarcis or the policies of the test maker. This was the case when a court sustained the use of fixed cutoff scores on the National Teacher Examination as the basis for certifying new teachers, even though the test developer, the Educational Testing Service, in an amicus brief, claimed that such use was improper (Urrited States v.
From page 253...
... Deliberative Forums Noting a decline in public trust in government anc3 growing evidence that Americans are becoming clisengagec3 from civic life (Putnam, 1995) , some theorists have proposed a politics of deliberation as an alternative to the current interest~basec3 politics (Gutmann anc3 Thompson, 1996; FisUkin, 1991; Pickford, 19961.
From page 254...
... Recently, those acivocating deliberative approaches have begun to create forums in which serious public deliberation can occur. For example, as a result of a manciate by the Texas Public Utilities Commission that power companies must consult their customers, the utilities in that state have begun to use a form of deliberative polling, in which random samples of Texans meet for a weekend, learn about the issues related to energy production anc3 conservation, anc3 then discuss a range of options anc3 tracle-offs.
From page 255...
... How Deliberative Forums Might Work in Testing Decisions about what constitutes appropriate test use are typically made by test developers and policymakers. But they rarely talk to each other or explain their decisions to parents and the public.
From page 256...
... George Maciaus anc3 his colleagues have proposed the creation of an inclepenclent organization to monitor anc3 audit high-stakes testing programs (Maciaus et al., 1993, 1997~: Evaluating and monitoring testing programs does mean, however, that the pub lic which pays for such programs and those that use and are directly affected by such tests should have assurances that the programs are technically sound, that the benefits outweigh harms for all groups in society, that negative side effects are minimized, and that misuses are curtailed (Madaus et al., 1993:3~. This proposal, which would reconstitute the National Commission on Testing anc3 Public Policy (1990)
From page 257...
... In many cases, political pressures to adopt highstakes testing programs could outweigh concerns about improper test use. These problems could diminish over time, however.
From page 258...
... These messages have contributed to a recluction in smoking among Americans, although other factors have also fin the case of food labeling, federal law requires that food manufacturers report standardized information on the nutrients found in prepared food. The health claims that manufacturers can make about food products (e.g., low sodium, high fiber)
From page 259...
... In reducing student achievement to a single test score, there is always the cianger that the public anc3 parents will assume that this score encompasses the full mea' sure of a stucient's or a school's performance. In essence, there is a tracie' off between making information uncierstanciable anc3 accessible anc3 en' suring that it can be validly interpreted.
From page 260...
... Similarly, parents cannot participate effectively in educational decisions based on their chilciren's test scores if they lack information about the available alternatives anc3 how they fit with their chilciren's abilities, needs, anc3 interests. Building people's capacity anc3 willingness to act clepencis on more than just disseminating information; it requires a long term invest' ment in learning anc3 support.
From page 261...
... guicieforaciminis' trators lists the following uses of test results as inappropriate when cleci' signs are based solely on a test score: screening children for school enroll' meet, retaining students at a gracle level, anc3 selecting students for special instructional programs. As we have seen with Chicago's promotion policy, however, those with responsibility for test policy may choose to ignore the warnings of test publishers.
From page 262...
... The Joint Stanclarcls and the Cocle of Fair Testing Practices would be used to frame a test labeling policy. Responsibility for implementing such a policy would rest with a publicly accountable institution.
From page 263...
... Nevertheless, this strategy could significantly redress the information imbalance that now exists in testing, and it could serve as a critical mobilizing resource for those concerned about just treatment for all students. Fecleral Regulation Perhaps the most powerful tool for promoting and ensuring appropriate test use is federal regulation.
From page 264...
... Despite its relatively modest share of the education budgets in the 50 states, Title ~ has exerted a powerful influence on schools anc3 school districts throughout the country. This is particularly true in the area of testing.
From page 265...
... Other possible sources of regulation are federal civil rights statutes such as Title Vl anc3 Title ~X. How Regulation Might Work in Testing Can regulations uncler Title ~ or other federal statutes serve as regula' tory monitors to help ensure appropriate test use?
From page 266...
... As a result, there has been uncertainty about how to apply these rules, whether ac3ministratively or juclicially. Thus, a possible use of federal regulation to promote proper test use would involve defining educational necessity in terms of compliance with the Joint Stanciarcis anc3 the Code of Fair Testing Practices.
From page 267...
... Relying on federal regulation uncler Title I, Title V1, Title ~X, or other statutes would also make use of existing mechanisms, aciministrative anc3 judicial, to enforce stanciarcis of the testing profession that, for reasons cliscussec3 above, often go unenforced. Combining professionally cievelopec3 norms with existing enforcement mechanisms could help ac3ciress some of the principal weaknesses of each approach: professional norms would become more enforceable, anc3 federal authorities (aciministrative agencies anc3 judges)
From page 268...
... CONCLUSION Deliberative forums, an inciepencient oversight body, labeling, anc3 federal regulation represent a range of possible options that could supplement professional standards and litigation as means of promoting and enforcing appropriate test use. The committee is not recommencing adoption of any particular strategy or combination of strategies, nor floes it suggest that these four approaches are the only possibilities.
From page 269...
... American Psychological Association, American Educational Research Association, and National Council on Measurement in Education 1954 Technical Recommer~datior~s for Psychological Tests arid Diagnostic Techniques. Washington, DC: American Psychological Association.
From page 270...
... Boston National Commission on Testing and Public Policy. National Council on Measurement in Education 1995 Code of Professional Responsibilities in Educational Measurement.
From page 271...
... Lawrence, KS: University Press of Kansas. 1998 Policy Tools for Addressing the (Mis~use of Standardized Tests.
From page 272...
... sections 2000d et seq. Title VII, Civil Rights Act of 1964, 42 U.S.C.


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