Assessment

OCR Issues Revised Guidance On High-Stakes Testing

By Julie Blair — January 12, 2000 2 min read
  • Save to favorites
  • Print

Officials at the Department of Education’s office for civil rights have expanded a controversial draft guide outlining the proper use of high-stakes tests in an effort to better detail the legal principles involved and ways in which such issues will affect students.

The office is accepting comments on the new version of the document, titled “Nondiscrimination in High-Stakes Testing: A Resource Guide,” which was released last month to a handful of education and business leaders. It follows a previous draft completed last May. (“Beware of Misusing Test Scores, ED Draft Advises,” May 26, 1999.)

“Although we have made many changes to the guide, our objective and foundations remain the same,” Arthur L. Coleman, the deputy assistant secretary for the OCR, said in a Dec. 8 letter to education groups. “Our objective is to provide educators and policymakers with a useful, practical tool that will assist in their planning and implementation of policies relating to the use of tests as conditions of conferring educational opportunities to students.”

The guide aims to clarify practices allowed and prohibited by Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, but is not intended as a legal document.

Standardized tests should be “educationally justified” if used to award high school diplomas, promote students to the next grade, or play a part in college admissions, without discriminating against students on the basis of race, national origin, sex, or disability, the new draft states.

Mr. Coleman’s letter notes that the current version offers “a more detailed discussion of measurement and legal principles related to good and nondiscriminatory test-use practices, in the context of specific frequently made high-stakes decisions.” It also expands on issues related to students with disabilities.

Clearer Guide?

The document is clearer and more informative than its predecessor, said Julie Underwood, the general counsel for the National School Boards Association.

Many leaders of education groups had complained that the earlier document could have been misinterpreted as legally binding and have had the effect of intimidating administrators into ending their use of standardized tests.

“The current draft goes a long way toward meeting many of our concerns,” said Sheldon E. Steinbach, general counsel for the American Council on Education, a Washington-based organization that represents colleges, universities, and associations.

The OCR will accept comments on the revised guide until Jan. 18, Mr. Coleman’s letter stated. The draft will then be submitted to the National Academy of Sciences Board of Testing and Assessment for review.

Related Tags:

A version of this article appeared in the January 12, 2000 edition of Education Week as OCR Issues Revised Guidance On High-Stakes Testing

Events

Webinar Supporting Older Struggling Readers: Tips From Research and Practice
Reading problems are widespread among adolescent learners. Find out how to help students with gaps in foundational reading skills.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree
Recruitment & Retention Webinar EdRecruiter 2026 Survey Results: How School Districts are Finding and Keeping Talent
Discover the latest K-12 hiring trends from EdWeek’s nationwide survey of job seekers and district HR professionals.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Assessment Opinion I Don’t Offer My Students Extra Credit. Here’s What I Do Instead
There isn’t anything "extra," but there is plenty my students can do to improve their grade.
Joshua Palsky
4 min read
A student standing on a letter A mountain peak with other letter grades are scattered in the vast landscape.
Vanessa Solis/Education Week + DigitalVision Vectors
Assessment Download How Digital Portfolios Help Students Showcase Skills and Growth
Electronic folders showcase student learning and growth over time, and can form a platform for post-high school endeavors.
1 min read
Vector illustration image with icons of digital portfolio concepts: e-portfolios; goals; ideas; feedback; projects, etc.
iStock/Getty
Assessment Here's What Teachers Really Think About Equitable Grading Policies
A new study examines the prevalence of policies like no zeroes or unlimited retakes in classrooms.
4 min read
A classroom is seen at Woodmore Elementary @ Meadowbrook on August 15, 2025 in Bowie, Maryland. In a so-called ‘swing move,’ Woodmore Elementary has relocated to Meadowbrook Elementary school until Summer 2027.
A classroom is seen at Woodmore Elementary @ Meadowbrook on August 15, 2025 in Bowie, Md. A new survey shows most teachers have begun to use some elements of what's known as equitable grading.
Pete Kiehart for Education Week
Assessment What Teachers Really Think About State Testing
State testing remains a complicated debate amongst educators as the end-of-year assessments take place.
1 min read
A teacher points to a board as students listen in a fourth grade classroom at William Jefferson Clinton Elementary in Compton, Calif., on Feb. 6, 2025.
A teacher points to a board as students listen in a fourth grade classroom at William Jefferson Clinton Elementary in Compton, Calif., on Feb. 6, 2025. State testing happens every spring and educators share their thoughts on whether these assessments accurately reflect student learning.
Eric Thayer/AP