AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.
MOTION for Summary Judgment , MOTION for Permanent Injunction by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Hutter Decl., # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Declaration Hudis Decl., # 9 Exhibit A, # 10 Exhibit B, # 11 Exhibit C, # 12 Exhibit T, # 13 Exhibit U, # 14 Exhibit Z, # 15 Exhibit BB, # 16 Exhibit CC, # 17 Exhibit EE, # 18 Exhibit GG, # 19 Exhibit HH, # 20 Exhibit II, # 21 Exhibit JJ, # 22 Exhibit KK, # 23 Exhibit LL, # 24 Exhibit MM, # 25 Declaration Ernesto Decl., # 26 Exhibit NN, # 27 Exhibit OO, # 28 Exhibit PP, # 29 Exhibit QQ, # 30 Exhibit RR, # 31 Exhibit SS, # 32 Exhibit TT, # 33 Exhibit UU, # 34 Declaration Wise Decl., # 35 Exhibit KKK, # 36 Exhibit LLL, # 37 Declaration Camara Decl., # 38 Exhibit MMM, # 39 Declaration Levine Decl., # 40 Exhibit NNN, # 41 Exhibit PPP, # 42 Exhibit QQQ, # 43 Exhibit UUU, # 44 Declaration Geisinger Decl., # 45 Declaration Schneider Decl., # 46 Exhibit Levine Depo Tr., # 47 Exhibit No. 1207 to Levine Depo Tr., # 48 Exhibit No. 1308 to Levine Depo Tr., # 49 No. 1308 to Levine Depo Tr., # 50 Text of Proposed Order)(Elgarten, Clifton)
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Case No. 1:14-cv-00857-TSC-DAR
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April 7, 2000
Ms. Jill Morningstar, Legislative Assistant
U. S. Senator Paul Wellstone
136 Hart Senate Office Building
Washington, DC 20510
We very much appreciate your seeking the endorsement of the American Psychological Association (APA)
for the bill introduced by Senator Wellstone this week on Fairness and Accuracy in Student Testing. We
wanted to get back to you quickly with an interim response about the Association's views.
As we mentioned oil the phone earlier this week, APA is not in a position to endorse the bill at this time.
APA policy on this issue is guided by The Standards for Educational and Psychological Testing, the 1999
version of which was developed over a six-year period with the American Educational Research
Association and the National Council on Measurement in Education. While we are drafting a more
comprehensive response for the Senator, we wanted to let you know the general areas of our concerns.
First, we believe that the most fair and appropriate way to approach the problems Senator Wellstone seeks
to address is to investigate high stakes decision-making in educational settings, how such decisions are
informed, and the impact on educational outcomes. The critical issue is not tests, per se (provided they are
valid, reliable instruments) but rather the instances wherein they and other measures of accountability (i.e.
grades), arc used inappropriately in making these decisions. Second, the bill appears to misstatc the intent
of both the Standards and the National Academy of Sciences (NAS) report by holding tests for tracking,
retention and graduation to the same standard. The NAS study and the Standards treat those uses
differently. Both documents treat graduation tests as certification tests, and do not prohibit assigning them
determinative weight, but offer recommendations for implementing them fairly.
We understand the Senator wants to offer this amendment to the Elementary and Secondary Education Act
soon and ,,vould appreciate APA's assistance in doing so. Regrettably, APA has not yet adopted a policy
that goes beyond the Standards to address the issues of how high stakes decision-making in schools affects
education and educational outcomes more broadly, particularly for certain groups of children.
Accordingly, it would be impossible for iis to offer you language that the Association could endorse within
your timeframe. However, we would welcome the opportunity to work with you on your Plan B: an
amendment to authorize specific evaluation research that would provide additional needed information
about the impact of high stakes decision-making on the educational opportunities of different populations
of'children, and on the educational system more generally. The NAS report and other sources point to
significant gaps in the data. We hope to provide specific draft language to you late next week.
Again, we appreciate your willingness to work with us. Senator Wellstone has been a champion of many
of the issues most important to psychologists, and we are grateful to him.
Ellen G. Garrison, Ph.D.
Director of Public Interest Policy
Patricia C. Kobor
Director of Science Policy
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