AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 60

MOTION for Summary Judgment Filed by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: #1 Statement of Facts Points of Authority, #2 Statement of Facts Statement of Undisputed Facts, #3 Declaration Declaration of Jonathan Hudis, #4 Exhibit Ex. A, #5 Exhibit Ex. B, #6 Exhibit Ex. C, #7 Exhibit Ex. D, #8 Exhibit Ex. E, #9 Exhibit Ex. F, #10 Exhibit Ex. G, #11 Exhibit Ex. H, #12 Exhibit Ex. I, #13 Exhibit Ex. J, #14 Exhibit Ex. K, #15 Exhibit Ex. L, #16 Exhibit Ex. M, #17 Exhibit Ex. N, #18 Exhibit Ex. O, #19 Exhibit Ex. P, #20 Exhibit Ex. Q, #21 Exhibit Ex. R, #22 Exhibit Ex. S, #23 Exhibit Ex. T, #24 Exhibit Ex. U, #25 Exhibit Ex. V-1, #26 Exhibit Ex. V-2, #27 Exhibit Ex. W, #28 Exhibit Ex. X, #29 Exhibit Ex. Y, #30 Exhibit Ex. Z, #31 Exhibit Ex. AA, #32 Exhibit Ex. BB, #33 Exhibit Ex. CC, #34 Exhibit Ex. DD, #35 Exhibit Ex. EE, #36 Exhibit Ex. FF-1, #37 Exhibit Ex. FF-2, #38 Exhibit Ex. FF-3, #39 Exhibit Ex. FF-4, #40 Exhibit Ex. FF-5, #41 Exhibit Ex. FF-6, #42 Exhibit Ex. GG, #43 Exhibit Ex. HH, #44 Exhibit Ex. II, #45 Exhibit Ex. JJ, #46 Exhibit Ex. KK, #47 Exhibit Ex. LL, #48 Exhibit Ex. MM, #49 Declaration Declaration of Marianne Ernesto, #50 Exhibit Ex. NN, #51 Exhibit Ex. OO, #52 Exhibit Ex. PP, #53 Exhibit Ex. QQ, #54 Exhibit Ex. RR, #55 Exhibit Ex. SS, #56 Exhibit Ex. TT, #57 Exhibit Ex. UU, #58 Exhibit Ex. VV, #59 Exhibit Ex. WW, #60 Exhibit Ex. XX, #61 Exhibit Ex. YY, #62 Exhibit Ex. ZZ, #63 Exhibit Ex. AAA, #64 Exhibit Ex. BBB, #65 Exhibit Ex. CCC, #66 Exhibit Ex. DDD, #67 Exhibit Ex. EEE, #68 Exhibit Ex. FFF, #69 Exhibit Ex. GGG, #70 Exhibit Ex. HHH, #71 Exhibit Ex. III, #72 Exhibit Ex. JJJ, #73 Declaration Declaration of Lauress Wise, #74 Exhibit Ex. KKK, #75 Exhibit Ex. LLL, #76 Declaration Declaration of Wayne Camara, #77 Exhibit Ex. MMM, #78 Declaration Declaration of Felice Levine, #79 Exhibit Ex. NNN, #80 Exhibit Ex. OOO (Public Version), #81 Exhibit Ex. PPP, #82 Exhibit Ex. QQQ, #83 Exhibit Ex. RRR, #84 Exhibit Ex. SSS, #85 Exhibit Ex. TTT-1, #86 Exhibit Ex. TTT-2, #87 Exhibit Ex. UUU, #88 Declaration Declaration of Kurt Geisinger, #89 Declaration Declaration of Dianne Schneider, #90 Text of Proposed Order Proposed Order, #91 Certificate of Service Certificate of Service)(Hudis, Jonathan). Added MOTION for Permanent Injunction on 12/22/2015 (td).

EXHIBIT RR
Case No. 1:14-cv-00857-TSC-DAR

Confidential

March 6, 2001

Dear Senator:

You may be aware that Senator Paul Wellstone will soon introduce a bill called,
"Fairness and Accuracy in High Stakes Educational Decisions for Students." On behalf
of the American Psychological Association (APA), I encourage you to cosponsor the bill
and to support it if it is offered as a floor amendment to the Elementary and Secondary
Education Act.
VVith 159,000 members and affiliates, APA is the largest association of psychologists in
the world, and exists 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). This is widely recognized as an
authoritative document that addresses test development and use. Co-developed by the
American Educational Research Association (AERA), the American Psychological
Association (APA), and the National Council on Measurement in Education (NCME), the
Standards are also adopted by the U.S. Department of Education, cited in policy
guidance issued by the Equal Employment Opportunity Commission (EEOC), and
frequently relied upon in legal cases related to educational and employment testing.
Senator Wel!stone's bill focuses appropriately on the high-stakes decisions that involve
students, rather than merely the tests that are used in many cases to justify those
decisions. Determinations about whether students qualify for special services, are
promoted to the next grade, or even graduate from high school, are appropriately made
using multiple sources of information. As Congress struggles to answer questions about
how to provide the resources each student needs to be successful in school, and how
best to help the schools that are now failing to meet students' needs, enactment of the
Wellstone legislation would help ensure that we "Leave No Child Behind."
If we can be of assistance in your deliberations on high stakes educational decisions,
please contact the APA Public Policy Office at [phone].
Sincerely,

L. Michael Honaker, Ph.D.
Deputy Chief Executive Officer and
Chief Operating Officer
enclosures

AERA_APA_NCME_0031471