Monday, January 10, 2000

http://chronicle.com/daily/2000/01/2000011001n.htm

Texas Test Required for High-School Graduation Does Not Discriminate, Judge Rules

By PETER SCHMIDT

A federal judge ruled Friday that Texas's high-school graduation test does not illegally discriminate against black and Hispanic students, even though they are much more likely to fail the test than their white peers.

In dismissing the case, which had been closely watched by other states that require students to pass a standardized test to graduate from high school, U.S. District Court Judge Edward C. Prado held that the plaintiffs had failed to show that the Texas Assessment of Academic Skills violated the U.S. Constitution or federal antidiscrimination laws.

The court has posted a copy of the ruling in Adode Portable Document Format on its Web site.

Judge Prado acknowledged that the gaps between the scores of black and Hispanic students and those of whites were "large and disconcerting" and "apparently cut across factors such as socioeconomics." The lawyers for the plaintiffs had alleged that 20 percent of black and Hispanic students were unable to pass the test despite repeated attempts, compared with 10 percent of white students.

The judge concluded, however, that "the disparities in test scores do not result from flaws in the test and the way it is administered," and that the testing program actually appears to be helping to close such gaps, by ensuring that troubled students get needed remediation and by enabling the state to identify poorly performing schools.

The plaintiffs were two Hispanic groups and several black and Hispanic adults who alleged that they had been harmed by their inability to pass the Texas test, first administered in 1990. They were represented by the Mexican American Legal Defense and Educational Fund, which issued a statement Friday saying it was "profoundly disappointed" by the court's ruling.

"We strongly disagree with the judge's interpretation of the law and will ask our clients to seriously consider appealing," Al Kauffman, the organization's lead lawyer, said.

The ruling was welcomed by Texas Gov. George W. Bush. During a presidential campaign stop in South Carolina, Mr. Bush told reporters, "The federal court made the right decision in confirming our strong accountability system."

In his decision, Judge Prado rejected the plaintiffs' assertion that the test was established with discriminatory intent, and said, "On the contrary, there is evidence that one of the goals of the test is to help identify and eradicate educational disparities."

The judge noted that the scores of minority students on the Texas test have been rising, and that there has been an increase in the number of minority students in Texas applying to colleges. He said the educational benefits of the testing program appeared to outweigh any harm done by it, and that the plaintiffs had failed to propose an alternative testing system that "could sufficiently motivate students to perform to their highest ability."

Judge Prado added, however, that, "Ultimately, resolution of this case turns not on the relative validity of the parties' views on education but on the State's right to pursue educational policies that it legitimately believes are in the best interest of Texas students." The Texas testing system "is not perfect, but the court cannot say it is unconstitutional," he said