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)
Case 1:14-cv-00857-TSC Document 60-52 Filed 12/21/15 Page 1 of 3
Case No. 1:14-cv-00857-TSC-DAR
Case 1:14-cv-00857-TSC Document 60-52 Filed 12/21/15 Page 2 of 3
April 13, 2000
Ms. Jill Morningstar, Legislative Assistant
U.S. Senator Paul Welistone
136 Hart Senate Office Building
Washington, DC 20510
We promised you a list of suggested wording changes to the Fairness and Accuracy in
Testing bill, and those suggestions are enclosed. As you can see, there are brief
explanations for each suggestion.
We very much appreciate your taking the time to seek input from APA, even though this
association is not in a position to endorse the legislation. We want you to know that on
this and other issues we will always do our best to provide technical information and
advice. A decision to endorse any particular bill is a separate question. In this case, as
we have explained, APA has not yet adopted policy recommendations that go beyond
The Standards for Educational and Psychological Testing to address issues of how high
stakes decision-making in schools affects education and educational outcomes more
broadly. In the event that you begin work on another piece of legislation on this issue,
we can suggest experts who are familiar with the revised Standards who would be
We are seeking input from our expert committees now on the research and evaluation
amendment that Senator Wei'stone plans to offer. We will deliver specific recommendations to Terry Woodin by late today or early tomorrow.
Both of us will be out of town during the week of April 17. If you have questions or need
clarification about an issue, please call Lara Frumkin at (202) 336-6000.
Director of Science Policy
Ellen Garrison, Ph.D.
Director of Public Interest Policy
750 Firs, Slree!, NE
`..'Vosn9ton, DC 200024242
Case 1:14-cv-00857-TSC Document 60-52 Filed 12/21/15 Page 3 of 3
Suggested Changes to the "Fairness and Accuracy in Student Testing Act"
Page 1, given the focus of the bill on high-stakes decisions, it would be more
appropriately entitled the "Fairness and Accuracy in High-Stakes Educational
Decisions Act." (The title and lines 3 and 4 would be changed accordingly.)
Page 2, line 6, delete the words "or determinative" in the phrase, "The serious and
often adverse consequences resulting from the sole or determinative reliance on
large-scale tests..." While tests may play a substantial role in a high stakes decision,
they should not be the sole criterion employed.
Page 4, line 10, substitute "high-stakes" for "significant" in the sentence describing
decisions about young children, to be consistent with phrasing in the National
Academy of Sciences report recommendation.
Page 6, line 13, the term large-scale assessment" should be substituted for
"standardized test" to be consistent with the scope of the legislation.
Page 7, line 9, substitute "such as" for "including" to not imply a prescriptive list in
referring to "grades and evaluations by teachers..." as multiple measures of student
Page 7, lines 11-12, consistent with above, we recommend that the phrase "nor
assigned determinative weight" be deleted in reference to scores from large-scale
Page 8, we recommend eliminating lines 7 through 19, and bridging the remaining
sections as follows "limited English proficiency, with such students assessed, to the
greatest extent practicable..." Page 9 would then continue on without the "(C)"
heading, with "In the case..." The criterion of three years of academic instruction in
English as an indicator of language proficiency has not been adequately established.
Page 9, lines 8-10, would be deleted, since special education assessment is
individualized rather than achieved through large-scale assessments.
Page 9, line 15, replace "standardized test" with "large-scale assessment."
Page 9, line 18, delete "test's" and insert, "use of the test and other sources of
information (such as grades and teacher recommendations)" to allow for a fulh
evaluation of the criteria for high-stakes decisions.
Page 10, line 6, replace "large-scale assessment" with "standardized test."
Page 10, line 10, after "shall conduct a comprehensive evaluation of the impact of
the... insert "of the use of the test and other sources of information (such as grades
and teacher recommendations),"
Page 11, line 7 and 8, replace "standardized test" with "large-scale assessment."