chapter  6
33 Pages

Legal Issues Affecting Special Populations in Large-Scale Testing Programs: S. E. Phillips

Legal challenges to state assessment programs have focused primarily on the issues of

adverse impact, parental rights, and testing accommodations. However, once a case goes

to trial, issues of test validity, reliability, passing standards, and adherence to other

professional standards are typically raised. The Debra P.v.Turlington (1984) and

G.I.Forum et al. v. Texas Education Agency et al. (2000) cases provide precedent for

many of the testing standards reviewed briefly in subsequent sections. The major focus of

this chapter is on the difficult area of testing accommodations when there are few legal

precedents and tough policy questions.