The Legal Issues Surrounding the TAAS Case

Abstract

This article provides an overview of the legal claims made by plaintiffs challenging the State’s required passage of the Texas Assessment of Academic Skills (TAAS) exit-level test for graduation in GI Forum et al. v. Texas Education Agency et al . The plaintiffs filed their case alleging that the State’s graduation requirement violated minority students’ equal protection and due process rights as well as Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunity Act. Part 1 of the article summarizes the plaintiffs’ initial complaint and the effect of the court’s pretrial orders on the plaintiffs’ ability to introduce crucial expert evidence to support a pattern of discriminatory State educational policies. Part 2 of the article describes the role of the expert testimony provided at trial for the plaintiffs’ claims and also provides lessons for future litigation.

2008 award winners.

“…As previously noted, it is easy to find claims in psychology, the judicial system, and society generally that the results of using cut scores on CAKS tests to make decisions are objective (Halpern, 2000;Saucedo, 2000). However, it is extremely difficult to find a definition of what constitutes objectivity in testing situations wherein limited IV evidence and no EV evidence buttress the use of CAKS for assessing individuals within racial groups.…”

“…Litigation. The Mexican American Legal Defense and Educational Fund filed suit against the Texas Education Agency et al on behalf of the Hispanic and African American students (Saucedo, 2000). The suit charged racial discrimination and use of unfair testing practices.…”

Award for distinguished senior career contributions to psychology in the public interest: Philip G. Zimbardo.

“…Than Using Racial-Group Membership to Define Eligibility? As previously noted, it is easy to find claims in psychology, the judicial system, and society generally that the results of using cut scores on CAKS tests to make decisions are objective (Halpern, 2000;Herrnstein & Murray, 1994;Saucedo, 2000). However, it is extremely difficult to find a definition of what constitutes objectivity in testing situations wherein limited IV evidence and no EV evidence buttress the use of CAKS for assessing individuals within racial groups.…”

Inequalities and the Schooling of Minority Students in Texas: Historical and Contemporary Conditions

“…Saucedo (2000) comments that the motion effectively limited the plaintiffs' ability to introduce evidence of this history. The court ruled that plaintiffs would be allowed to produce evidence of discrimination that existed at the time of TAAS implementation (which I did at the trial testimony), and even that would take the form of a "snapshot" rather than of a historical narrative.…”

“…As discussed by Saucedo (2000 [this issue]) and Valencia and Bernal (2000 [this issue]), the State was successful in persuading the court to issue a motion in which it clarified the court's summary judgment order regarding past discrimination. Saucedo (2000) comments that the motion effectively limited the plaintiffs' ability to introduce evidence of this history. The court ruled that plaintiffs would be allowed to produce evidence of discrimination that existed at the time of TAAS implementation (which I did at the trial testimony), and even that would take the form of a "snapshot" rather than of a historical narrative.…”