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 60-53 Filed 12/21/15 Page 1 of 2
Case No. 1:14-cv-00857-TSC-DAR
Case 1:14-cv-00857-TSC Document 60-53 Filed 12/21/15 Page 2 of 2
May 7, 2001
United States Senate
Washington, DC 20510
I am writing on behalf of the American Psychological Association (APA) in support of three amendments that will
be offered by Senator Paul Wel'stone during debate on S. 1, the Better Education for Students and Teachers Act.
Senator Wellstone's amendments modify and clarify provisions relating to the use of tests and state assessments
under the bill in an effort to ensure that the new testing provisions have the positive effects that the United States
Senate intends. We encourage you to cosponsor these amendments and to support them when offered to the
Elementary and Secondary Education Act during Senate floor consideration.
With 155,000 members and affiliates, APA is the largest association of psychologists in the world, and strives to
advance psychology as a science, a profession, and a means of promoting human welfare. Psychologists have
unique expertise to lend to policy discussions involving educational and psychological testing. Psychological
scientists developed the first intelligence tests, educational achievement and ability measures, and personnel
selection instruments. They continue to be at the forefront of assessment technology, and remain committed to the
fair and appropriate use of tests, particularly in high-stakes situations with significant consequences for individuals.
APA's policy positions on testing questions are anchored by the Standards for Educational and Psychological
Testing (1999), which is widely recognized as an authoritative document on test development and use. Codeveloped with the American Educational Research Association and the National Council on Measurement in
Education, the Standards has been adopted by the U.S. Department of Education, cited in policy guidance issued by
the Equal Employment Opportunity Commission, and frequently relied upon in legal cases related to educational
and employment testing.
Senator Wellstone's amendments on state assessments would ensure that states adhere to quality assurances when
developing and implementing the new assessments required under SA. One amendment would require that
assessments meet the Standards for Educational and Psychological Testing (1999) and would offer grant support to
States to develop assessments that are high quality and include multiple measures of student achievement. A
second amendment would ensure that bonus funds authorized in the legislation are awarded to States that develop
high quality tests, instead of those who simply create new tests the fastest. A third Wellstone amendment would
clarify provisions relating to the use of certain tests by requiring that the new assessments authorized under S.1 be
used for diagnostic purposes only and that adequate yearly progress be determined based on the tests already
authorized under current law.
APA believes that together these amendments will assure that the new assessments authorized in S.1 are of high
quality and are used appropriately for the benefit of school districts, schools, and students. If APA can be of
assistance to you and your office in your deliberations on high-stakes educational decisions, please contact our
Public Policy Office at (202) 336-6062.
Raymond D. Fowler, Ph.D.
Chief Executive Officer and
Executive Vice President