Author: Phillips. S.E.

Publication Year:

Media Type: Periodical (article)

Summary:

Abstract:

The first part of this article was published in the January/February 1997 issue of Arts Education Policy Review. In it, the author begins a discussion of the legal issues involved in setting content or performance standards. The legal criteria discussed in that portion of the article include fair notice of graduation standards, curricular validity, adverse impact on disadvantaged groups, and fundamental fairness.

Another issue of concern with respect to graduation standards involves the wording of such statements. There are two major issues regarding the wording of standards:

(a) specifying observable behaviors; and
(b) parental rights to censure objectionable content.

States or districts implementing new standards are also concerned about the impact of those standards on disabled students. In the past, many states excluded disabled students from statewide assessments used to measure attainment of state standards. However, a part of the federal mandate is for new high level standards for all students.

Clearly documented procedures which adhere to professional recommendations and are administered fairly will be the hallmark of defensible standards. Considering potential legal challenges in the formative stages of state or district standards will facilitate the collection and documentation of important evidence. While such activity may not prevent litigation, it will make a successful outcome more probable. (p. 13, 16, 18)

CONTENTS
Articulating defensible standards.
Specifiying observable behaviors.
Parental rights.
Assessment security.
Parents' constitutional rights.
Assessment accommodations for the disabled.
Physical versus cognitive disabilities.
Valid and invalid accommodations.
Test Standards.
Score Notations for nonstandard administrations.
Explicating assumptions.
Accommodations alternatives.
Summary.
Notes.
References.

Arts & Intersections:

Categories: Arts Education