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NCEO Synthesis Report 36

Published by the National Center on Educational Outcomes

Prepared by:

Martha Thurlow • Amy Esler

July 2000

Any or all portions of this document may be reproduced and distributed without prior permission, provided the source is cited as:

Thurlow, M., & Esler, A. (2000). Appeals processes for students who fail graduation exams: How do they apply to students with disabilities? (Synthesis Report 36). Minneapolis, MN: University of Minnesota, National Center on Educational Outcomes. Retrieved [today's date], from the World Wide Web: http://education.umn.edu/NCEO/OnlinePubs/Synthesis36.html

High stakes tests that determine whether students earn a standard high school diploma are on the rise. They are viewed as the way to make sure that students meet high standards and graduate with the skills needed to be successful employees. At the same time that more and more states are investing in graduation exams, there are concerns about students who have met high standards, yet are unable to pass a test.

To determine the extent to which there are other options for demonstrating skills, and to check the availability of these to students with disabilities, we studied state Web sites for information on appeals processes and the availability of waivers. We found only six states with appeals processes, and these varied considerably from locally set procedures to relatively specific requirements. In one state, the appeals process is viewed as the avenue for students with disabilities to have access to accommodations. In most states, there is no evidence that students with disabilities have been considered. Further, states do not have data on the number of students involved in appeals processes, much less disaggregated for students with disabilities.

The difficulty we experienced in finding information about an appeals process is certainly encountered by students and families whose lives are affected by graduation exams. Without appeals processes, or easily found information on such processes, the likelihood that lawsuits will be viewed as the only avenue for recourse is dramatically increased.

Overview

With increasing frequency, standardized tests are being used to make decisions about students’ educational placements and whether they receive a high school diploma. These “high-stakes” tests have enjoyed great popularity among policymakers and across the political spectrum, based on calls for high education standards (National Research Council, 1999). Recent attention to the effectiveness and quality of public education has resulted in federal and state efforts to improve curriculum content, instructional practices, and student performance. Goals 2000, the Improving America’s Schools Act (IASA), which supports Title I programs, and the School-to-Work Opportunities Act all encourage the development of high content standards and the implementation of procedures that account for improved student performance. Although these laws do not directly address assessments with high stakes consequences for students (such as graduation exams), such exams are increasingly prevalent and must be addressed.

The focus of this report is on what happens for students who do not pass graduation exams—exams that students are required to pass in order to receive a standard high school diploma. These tests purport to measure basic skills and competencies afforded by a general education and those that students will need to find viable employment. Proponents of the tests argue that the tests provide an equal standard for measuring the attainment of these basic skills for all students, and that requiring students to pass the tests ensures that all people with a diploma will possess the skills needed by potential employers.

Although many states are scheduled to have graduation exams implemented in the next few years, there currently are 19 states that require passing a graduation exam to receive a standard diploma (Guy, Shin, Lee, & Thurlow, 1999). Almost all of these states require students to pass subtests in the areas of English/Language Arts and Math. Seven states’ exams contain a social studies content area, six states contain subtests in science, and two states contain subtests tapping other areas (see Table 1). The tests tend to be multiple choice, and passing scores are based on the percent of items passed.

Table 1: Subject Areas Included in States’ Graduation Exams

^a  Florida does not require students to pass the content area of English/Language Arts; however, it does require students to pass a subtest in the area of Communications.
^b  New York education officials are considering whether a small number of schools can substitute individually-tailored projects for the graduation exams (Keller, 2000).

Critics of high-stakes testing have raised several concerns about using graduation exams as a requirement for receiving a high school diploma. First and foremost, the use of these tests may result in large numbers of students being denied high school diplomas. Many of these students will be low-income, nonwhite students. This is evidenced in Texas and Florida, where schools have experienced increased failure rates among their nonwhite student populations (GI Forum, 1997; National Coalition of Advocates for Students, 1998).

Because of the disproportionate number of nonwhite students not passing graduation exams, concerns have been raised about whether the tests accurately measure what students have been taught. Due to limited resources and other inequities, students in low income areas may not have received the instruction, materials, and resources received by other, more affluent populations (National Research Council, 1999). Florida was one of the first states to implement graduation exams and also one of the first to have to defend its testing in court because of this concern. In Debra P. v. Turlington (1981), it was found that African American students, because they were forced to attend segregated, inferior schools, had not been taught the material covered in the graduation exams. A U.S. court of appeals ruled that (1) students have a legally recognized property interest in receiving a high school diploma, (2) the graduation exam must be a fair measure of what students have been taught, and (3) students must have adequate advanced notice of the graduation exam requirement.

Students receiving special education services also are affected by the graduation exam requirements. Of the 19 states that require the exams, 10 require students with disabilities to pass the same graduation exams as students without disabilities in order to receive a standard diploma (see Table 2). It is questionable, therefore, whether these states consider graduation exams separate from other requirements that no special education decision be based on any single score (National Research Council, 1999).

Table 2.  Changes in Requirements Allowed for Students with Disabilities to Earn a Standard Diploma