Assessment

OCR Issues Revised Guidance On High-Stakes Testing

By Julie Blair — January 12, 2000 2 min read
  • Save to favorites
  • Print

Officials at the Department of Education’s office for civil rights have expanded a controversial draft guide outlining the proper use of high-stakes tests in an effort to better detail the legal principles involved and ways in which such issues will affect students.

The office is accepting comments on the new version of the document, titled “Nondiscrimination in High-Stakes Testing: A Resource Guide,” which was released last month to a handful of education and business leaders. It follows a previous draft completed last May. (“Beware of Misusing Test Scores, ED Draft Advises,” May 26, 1999.)

“Although we have made many changes to the guide, our objective and foundations remain the same,” Arthur L. Coleman, the deputy assistant secretary for the OCR, said in a Dec. 8 letter to education groups. “Our objective is to provide educators and policymakers with a useful, practical tool that will assist in their planning and implementation of policies relating to the use of tests as conditions of conferring educational opportunities to students.”

The guide aims to clarify practices allowed and prohibited by Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, but is not intended as a legal document.

Standardized tests should be “educationally justified” if used to award high school diplomas, promote students to the next grade, or play a part in college admissions, without discriminating against students on the basis of race, national origin, sex, or disability, the new draft states.

Mr. Coleman’s letter notes that the current version offers “a more detailed discussion of measurement and legal principles related to good and nondiscriminatory test-use practices, in the context of specific frequently made high-stakes decisions.” It also expands on issues related to students with disabilities.

Clearer Guide?

The document is clearer and more informative than its predecessor, said Julie Underwood, the general counsel for the National School Boards Association.

Many leaders of education groups had complained that the earlier document could have been misinterpreted as legally binding and have had the effect of intimidating administrators into ending their use of standardized tests.

“The current draft goes a long way toward meeting many of our concerns,” said Sheldon E. Steinbach, general counsel for the American Council on Education, a Washington-based organization that represents colleges, universities, and associations.

The OCR will accept comments on the revised guide until Jan. 18, Mr. Coleman’s letter stated. The draft will then be submitted to the National Academy of Sciences Board of Testing and Assessment for review.

Related Tags:

A version of this article appeared in the January 12, 2000 edition of Education Week as OCR Issues Revised Guidance On High-Stakes Testing

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Science Webinar
Spark Minds, Reignite Students & Teachers: STEM’s Role in Supporting Presence and Engagement
Is your district struggling with chronic absenteeism? Discover how STEM can reignite students' and teachers' passion for learning.
Content provided by Project Lead The Way
Recruitment & Retention Webinar EdRecruiter 2025 Survey Results: The Outlook for Recruitment and Retention
See exclusive findings from EdWeek’s nationwide survey of K-12 job seekers and district HR professionals on recruitment, retention, and job satisfaction. 

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Assessment Massachusetts Voters Poised to Ditch High School Exit Exam
The support for nixing the testing requirement could foreshadow public opinion on state standardized testing in general.
3 min read
Tight cropped photograph of a bubble sheet test with  a pencil.
E+
Assessment This School Didn't Like Traditional Grades. So It Created Its Own System
Principals at this middle school said the transition to the new system took patience and time.
6 min read
Close-up of a teacher's hands grading papers in the classroom.
E+/Getty
Assessment Opinion 'Academic Rigor Is in Decline.' A College Professor Reflects on AP Scores
The College Board’s new tack on AP scoring means fewer students are prepared for college.
4 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Assessment Opinion Students Shouldn't Have to Pass a State Test to Graduate High School
There are better ways than high-stakes tests to think about whether students are prepared for their next step, writes a former high school teacher.
Alex Green
4 min read
Reaching hands from The Creation of Adam of Michelangelo illustration representing the creation or origins of of high stakes testing.
Frances Coch/iStock + Education Week