A tragedy is quietly
taking place in America’s public schools that represent an important
opportunity for America’s lawyers to advance the cause of equity and justice
all over the nation. With the support of both major parties, schools systems
are now requiring that teachers and administrators be evaluated on the basis of
student test scores, with their jobs placed in jeopardy if the scores do not
reach a certain level.
To implement these protocols, the number of standardized
tests being administered in schools is being ratcheted up to unprecedented
proportions, with some systems testing students in every grade and every
subject. Worse yet, these tests are being applied across the board, with no
exemptions given to special needs students and English Language Learners, and
severe consequences attached to students who don’t pass them, as well as the
teachers and administrators who work with them.
For teachers and
administrators, stress levels have reached unprecedented proportions, as long
established job rights are being overturned. But for students, the consequences
are far worse. Not only has an adversarial relationship been created between teachers
and students which ratchets up classroom stress, but it puts tremendous
pressure on teachers and administrators to remove, or otherwise avoid, students
who don’t test well. All over the country, students with learning disabilities
are being stigmatized and marginalized because of this testing regime, so
much so that an identifiable pattern of discrimination has been created that
cries out for litigation.
But this kind of discrimination against special needs
students is not the only consequence of new testing and evaluation norms which
is potentially actionable. Another consequence, which is particularly visible
in high needs schools, is the cancellation of recess, gym and after-school
recreation programs for test prep.
In communities where there are severe child-obesity problems, schools are eliminating already-limited programs of physical activity so that every available moment of schools can be devoted to preparing for tests, even in the face of laws and school procedures that require a certain amount of physical education per day.
In communities where there are severe child-obesity problems, schools are eliminating already-limited programs of physical activity so that every available moment of schools can be devoted to preparing for tests, even in the face of laws and school procedures that require a certain amount of physical education per day.
Finally, and this is taking place even in
middle-class communities, classes which once left time for the arts, science projects and school trips are now concentrating entirely on achieving
strong tests results, making a generation of students look upon going to school
with emotions ranging from resignation to dread.
A final incentive to subject
these consequences of high-stakes testing to legal action is that the vast
majority of tests that help produce these consequences are produced by for-profit companies, like Pearson, which lobby elected officials to get the
contracts to produce them. What we have here are not only abusive practices,
but identifiable individuals and entities that PROFIT from their implementation.
There are organizations all over the country which have sprung up to challenge
the destructive consequences of high-stakes testing- among them United Opt Out
and Parents Across America- but thus far they have not yet developed a
systematic strategy to subject these practices to litigation.
Therefore, I urge
justice-minded lawyers interested in protecting the nation’s children from
discriminatory practices to contact these two organizations so that the abusive
dimensions of high-stakes testing can be challenged in the courts as well as
in the political arena.
When a massive threat emerges to the health and well-being
of the nation’s children, action must be taken. Protecting children from
abusive testing is the REAL civil rights cause of our time.
from Mark Naison's blog: http://withabrooklynaccent.blogspot.com/2012/09/calling-all-lawyers-time-for-testing-as.html
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