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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Highlights of APA's Involvement in Educational Testing Provisions
of the "No Child Left Behind Act"
During the 106th Congress, APA's Public Policy Office (PPO), in a crossdirectorate effort, was actively involved in developing and promoting legislative
initiatives sponsored by Senators Jeff Bingaman (D-NM) and Paul Wellstone (DMN), in consultation with APA's Committee on Psychological Tests and
Assessment and the Committee on Urban Initiatives.
Senator Bingaman's amendment sought to improve accountability for individual
schools and local educational agencies through the use of research-based
initiatives in programs, models, and curricula. Among its many provisions, the
amendment included a requirement for disaggregated data in the determination
of adequate yearly progress to highlight gains made by students as a function of
SES, race/ethnicity, English proficiency, disability, and gender. APA sent a letter
to all Senators in support of the Bingaman amendment.
Senator Wellstone's amendment called for an independent evaluation by the
National Academy of Sciences of the high stakes assessments used by state and
local educational agencies to make decisions about students. Legislation that
would have reauthorized the Elementary and Secondary Education Act (ESEA)
died with the adjournment of the 106th Congress.
During the first Session of the 107th Congress, PRO staff worked with staff of
Senator Paul Wellstone (D-MN) and Representatives George Miller (D, CA-7th)
and Bobby Scott (D, VA-3') in drafting legislation to promote fairness in highstakes educational decisions involving testing. A former congressional staff
person from the office of Senator Jim Jeffords (R-VT) recently joined PPO's
Education Policy staff to lead APA's efforts on ESEA reauthorization.
As part of a concerted effort to educate Congress about the critical issues
involved, PPO and Science Directorate staff arranged for APA members Laurie
Wise, Ph.D., of the Human Resources Research Organization, and Pat DeVito,
Ph.D., of the National Research Council, to brief Rep. Bobby Scott (D-Va.), at his
request, in March 2000. Later, PRO arranged for Drs. DeVito and Eva Baker,
Ph.D., of UCLA, to testify at a congressional briefing on high-stakes testing in
education chaired by Rep. Scott. In addition, Public Policy staff had numerous
contacts with congressional staff to comment on suggested amendment
language, provide information from the Standards for Educational and
Psychological Testing, and recommend experts for testimony or consultation.
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The "No Child Left Behind Act" (P.L.107-110), signed into law by President Bush
on January 8th of this year, includes a new requirement for states to implement
annual testing in math and reading for grades 3-8 beginning in 2006. Science
standards must be developed by the 2005-6 school year and implemented by the
2007-8 school year in one grade within each grade span (i.e., 3-5, 6-9 and 1012). State assessments must be: aligned with state academic standards; allow
student achievement to be comparable from year to year; be of objective
knowledge; be based on measurable, verifiable and widely accepted professional
assessment standards; be used only if the state provides the Secretary of
Education with evidence that the tests are of adequate technical quality for the
purposes required under the Act; and not evaluate or assess personal or family
beliefs or attitudes. APA advocated for the inclusion of testing provisions that
helped to assure quality and fairness, some of which were adopted.
Below is the text of a letter sent in May, 2001, on behalf of two Wellstone
May 7, 2001
United States Senate
Washington, DC 20510
I am writing on behalf of the American Psychological Association (APA) in
support of two amendments that will be offered by Senator Paul Wellstone
during debate on S. 1. 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.
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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. Co-developed 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 amendment on state assessments would ensure that
states adhere to quality assurances when developing and implementing the
new assessments required under S.1. One amendment would require that
assessments meet The Standards for Educational and Psychological Testing
(1999) as well as provide resources to States to develop assessments that
are high quality and include multiple measures of student achievement.
Finally, it 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. Another 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 - not to their detriment.
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