Document Type
Article
Publication Date
2009
Keywords
High-stakes testing
Disciplines
Education Law | Litigation
Abstract
High-stakes testing policies did not emerge in an education policy vacuum. Part I of this Article includes a brief description of the major high-stakes tests and their policy rationales. Part II surveys recent litigation challenging one distinct genre of high-stakes testing-high school exit exams. Two cases illustrate courts' current posture toward legal challenges of exit exams. Part III reviews evidence of courts' increased sensitivity to the policy consequences attributable to court decisions that interfere with the implementation of exit exams. Part IV concludes and notes the important normative questions raised by judges' concerns with policy consequences flowing from their decisions.
Recommended Citation
Heise, Michael R., "Courting Trouble: Litigation, High-Stakes Testing, and Education Policy" (2009). Cornell Law Faculty Publications. 41.
https://scholarship.law.cornell.edu/facpub/41
Publication Citation
Indiana Law Review, vol. 42, no. 2 (2009)
Comments
Issued as part of the Program on Law and State Government Fellowship Symposium: Education Reform and State Government: The Role of Tests, Expectations, Funding, and Failure.