Assessment

Appeals Court To Review Calif. Teacher Test for Bias

By David J. Hoff — April 05, 2000 1 min read
  • Save to favorites
  • Print

A federal appeals court has agreed to take another look at a long-running lawsuit claiming California’s teacher-testing program is biased against minority candidates.

The U.S. Court of Appeals for the 9th Circuit announced last week that it would review the case that a three-judge appellate panel dismissed last year. The announcement gives advocates for more than 50,000 teacher applicants who failed the exam another chance for victory in the 8-year-old case.

Public Advocates Inc. argues that the California Basic Educational Skills Test, or CBEST, violates federal anti-discrimination laws because it is not an accurate way to measure a prospective teacher’s skill in the classroom and has a negative impact on minority members.

The state already has tacitly admitted that the testing program in its original form was invalid, contends John T. Affeldt, a managing lawyer for Public Advocates, which represents the three groups suing the state. In 1995, an expert hired by the state said the math portions of the exam didn’t measure the skills needed to be a teacher. The state then revised the exam, and the passing rates of African-American, Hispanic, and Asian-American test-takers improved, Mr. Affeldt said.

But the improvements haven’t been sufficient for the San Francisco nonprofit law firm to drop its case, he added.

No Admission

While a lawyer representing the state acknowledged that the test did change, she said the adjustments were part of a regular review of the testing system to ensure that it continues to meet its purpose.

“It was not an admission that [the test as it existed before 1995] was not valid,” said Nancy E. Rafuse, an Atlanta-based lawyer for the California Commission for Teacher Credentialing.

An 11-judge panel from the 9th Circuit in San Francisco will hear such arguments. The appeals court decided to review the smaller panel’s ruling that CBEST was a valid test for determining whether teaching applicants were qualified to work in the state’s classrooms.

The new appellate review, which hasn’t been scheduled, will be the last step before a potential appeal to the U.S. Supreme Court.

Public Advocates is representing the Association of Mexican American Educators, the Oakland Alliance of Black Educators, and the California Association for Asian Pacific Bilingual Education.

A version of this article appeared in the April 05, 2000 edition of Education Week as Appeals Court To Review Calif. Teacher Test for Bias

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
Student Achievement Webinar
Student Success Strategies: Flexibility, Recovery & More
Join us for Student Success Strategies to explore flexibility, credit recovery & more. Learn how districts keep students on track.
Content provided by Pearson
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
Artificial Intelligence Webinar
Shaping the Future of AI in Education: A Panel for K-12 Leaders
Join K-12 leaders to explore AI’s impact on education today, future opportunities, and how to responsibly implement it in your school.
Content provided by Otus
Student Achievement K-12 Essentials Forum Learning Interventions That Work
Join this free virtual event to explore best practices in academic interventions and how to know whether they are making a difference.

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 From Our Research Center Do State Tests Accurately Measure What Students Need to Know?
Some educators argue that state tests don't do much more than evaluate students' ability to perform under pressure.
2 min read
Tight cropped photograph of a bubble sheet test with  a pencil.
E+
Assessment Why the Pioneers of High School Exit Exams Are Rolling Them Back
Massachusetts is doing away with a decades-old graduation requirement. What will take its place?
7 min read
Close up of student holding a pencil and filling in answer sheet on a bubble test.
iStock/Getty
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