GI Forum v. Texas Education Agency: Observations for States

Seven conclusions for professionals who administer state assessment programs are drawn from the GI Forum v. Texas Education Agency ruling: (a) the American Educational Research Association, American Psychological Association, and National Council on Measurement in Education (1999) standards are appropriate to use; (b) items showing different p values for subgroups may be used if they are selected as adequate for sound educational reasons; (c) a cut score setting process should be educationally justified; (d) a high-stakes testing program can appropriately address unfair access to education; (e) multiple opportunities to pass satisfies the standard that a single test score should not be the sole basis for a high-stakes decision; (f) a conjunctive decision-making model can appropriately motivate both students and schools; and (g) an 80% pass rate criterion applied to eventual, as opposed to initial, success rates for subgroups is a reasonable threshold for adverse impact. Caution is recommended because circumstances in other states may not parallel those in Texas in important ways.