Students sue over 'biased' exam

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From correspondents in Springfield, Massachusetts

20Sep02

LAWYERS for six students who failed a US exam required for high school graduation are suing the state of Massachusetts, saying the test discriminates against minorities and the poor.

The lawsuit, filed in the US District Court in Springfield, also claims the Massachusetts Comprehensive Assessment System is unreliable and unfair.

The six students are in the Class of 2003, the first required to pass the exam's English and math portions to graduate. Students have five chances to pass, beginning in their sophomore year.

Half of Hispanic and 44 per cent of black high school seniors had not passed after three tries, compared with an overall failure rate of 19 per cent according to the state Education Department.

"Instead of fixing struggling schools, the state instead opted to enact a high-stakes exam that effectively has punished, sacrificed and abandoned the students that were really the ones that needed the education the most," plaintiffs' attorney Tom Frongillo said.

The lawsuit seeks class-action status - the first such challenge in Massachusetts - for black and Hispanic students, as well as students with limited English and disabilities, vocational students and students from the Holyoke school district. One student in the lawsuit is Hispanic and five are black.

Four of the plaintiffs attend Holyoke schools, where students have ranked last in the state on some tests.

Only 37 per cent of the Class of 2003 passed on their first try; that rate rose to 53 per cent after the second try.

The lawsuit was filed by representatives of the Center for Law and Education, the Multicultural Education, Training and Advocacy, and the Boston Bar Association's committee for civil rights.

Defendants include the state Board of Education, the state Department of Education and Holyoke city schools.

Education Department spokeswoman Heidi Perlman said the lawsuit was expected.

"Every state that has ever instituted a high-stakes test as a graduation requirement has been challenged in court," she said.

A similar test in Texas survived a federal court challenge in 2000 by a group of minority students who claimed the test had a "discriminatory effect" on minorities.

This report appears on news.com.au.