Deming and Tests

[TQNELSON@aol.com]

The state of California is in a major "flap" related to one of Dr. Deming's=20=
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key teachings: the invalidity of tests in school.=20
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Dr. Deming taught that tests are invalid as students are AUTOMATICALLY =20
identified as the "special cause" of the pass/fail grade that is given, and=20=
that =20
this directly violates the Principle of Profound Knowledge as illustrated in=
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the  element of Variation and Statistics.
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(I, myself, stopped giving tests and grades after taking Dr. Deming's =20
seminar in 1982. My paper on the Clemson Deming Library, "Grading...The Demi=
ng =20
Way," explains my rationale. The paper may be found on the net at=20
_http://deming.ces.clemson.edu/pub/den/dnelson01.htm_=20
(http://deming.ces.clemson.edu/pub/den/dnelson01.htm)  .)
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Failure of most California educators to understand this (or most  of Dr.=20
Deming's teachings have resulted in a current legal action in the state  cou=
rt=20
system that members of the DEN may want to track.=20
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Here is an article for this Sunday's Sacramento Bee newspaper on the  curren=
t=20
status:
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" =20
Arturo J. Gonz=E1lez: Reasons for challenging the exit exam

By Arturo J. Gonz=E1lez -- Special to The Bee
Published 12:01 am PDT Sunday, June 18, 2006=20
Story appeared in Forum  section, _Page  E4_=20
(http://www.sacbee.com/content/print_edition/#FORUM) =20
_Print_=20
(http://www.sacbee.com/content/opinion/v-print/story/14268805p-15080033c.htm=
l)   | _E-Mail_=20
(http://www.sacbee.com/content/opinion/v-email/story/14268805p-15080033c.htm=
l)   | _Comments  (0)_=20
(http://www.sacbee.com/content/opinion/story/14268805p-15080033c.html#commen=
ts_here) =20
Most people who  are critical of the lawsuit challenging the exit exam are=20
uninformed both about  what the suit seeks and about the basis for filing it=
. =20
The lawsuit does not argue that California should not have an exit exam. Our=
 =20
clients' objective in the litigation is to compel the state to provide every=
 =20
child with a fair and equal opportunity to prepare for the test before the=20
state  deprives students of a diploma for failure to pass it. =20

The state's own consultant, HumRRO, has reported that as of the start  of th=
e=20
2005-06 academic year, half of the high schools in California had not  been=20
taught all of the material on the test. In addition, the law requires  schoo=
ls=20
to provide "remediation," or supplemental instruction, for students who  do=20
not pass. HumRRO reported that as of the start of the 2005-06 academic year,=
 =20
half of the high schools had not done that. =20
Last fall, to help school districts provide the required remediation, the =20
state allocated $20 million for the class of 2006. Unfortunately, 166 entire=
 =20
school districts did not receive any of this money. In addition, money was =20
allocated only for high schools with a senior class failure rate of more tha=
n 28 =20
percent. Thus, high schools with a senior failure rate of 20 percent or 25 =20
percent did not receive an allocation. =20
There is also a terrible imbalance in California with respect to the =20
distribution of credentialed teachers. Professor John Rogers from UCLA has d=
one  a=20
study in which he concludes that in middle schools in south Los Angeles, onl=
y =20
one of three math teachers is credentialed to teach math. =20
We submitted 67 declarations in support of a motion to stop the diploma =20
penalty component of the exit exam. Declarants include prominent professors=20=
from =20
Harvard, Stanford, Columbia, UC Berkeley, UCLA and UC Davis. =20
After considering all of this evidence, Alameda Superior Court Judge Robert=20=
=20
Freedman found that the students would be harmed without judicial interventi=
on=20
 and that they are likely to prevail in demonstrating that they have not bee=
n=20
 given an equal opportunity to learn the material tested on the exit exam. H=
e=20
 noted that the record is "replete with evidence" regarding the scarcity of=20=
=20
resources in California's public schools and its disparate effect on poor =20
schools. =20
He found evidence "that shows that students in economically challenged =20
communities have not had an equal opportunity to learn the materials tested=20=
on  the=20
CAHSEE "; "that some schools have yet to fully align their curriculums to =20
the state's content standards"; and "that the negative effects of scarcity o=
f =20
resources continue to fall disproportionately on English language learners,=20=
=20
particularly with respect to the shortage of teachers who are qualified to t=
each=20
 these students." =20
Freedman did not stop the state from administering the test or from taking =20
steps to help students pass it. What he did is to issue an order saying that=
=20
the  state cannot deprive students of a diploma for failure to pass the test=
=20
until it  can show that all students have been given a fair chance to pass i=
t.=20
State  education officials then went directly to the California Supreme Cour=
t.=20
By a  vote of 4-3, that court issued a stay because four justices were not s=
ure=20
that  the remedy was the correct one. =20
It asked an appeals court to consider that issue on an expedited basis. =20
Notably, the Supreme Court did not dispute any of the trial court's findings=
. =20
A hearing is scheduled for July 25 before a state appeals court in San =20
Francisco. At that hearing, we will ask the court to reinstate Freedman's or=
der, =20
which does not stop the state from making whatever efforts it deems necessar=
y=20
to  identify underperforming students and to take steps to help them. =20
What our clients want is to ensure that before depriving students of a high=20=
=20
school diploma for failure to pass one test, the state must ensure that the=20=
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failure is that of the students, and not that of the state. =20

About the writer:
    *   Arturo J. Gonz=E1lez is a San Francisco lawyer. He filed a class act=
ion=20
 lawsuit on behalf of students in the class of 2006 who have not passed the=20=
=20
exit exam, contending that poor students and English learners have not been=20=
=20
given a fair opportunity to pass the test. Reach him at _agonzalez@mofo.com_=
=20
(mailto:agonzalez@mofo.com) ."
(For those who can access it the web  address of the article is=20
_http://www.sacbee.com/content/opinion/story/14268805p-15080033c.html_=20
(http://www.sacbee.com/content/opinion/story/14268805p-15080033c.html)  )
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Del  Nelson
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When "We  the people...."
Have been replaced by profits, money, and greed
It is time  to start over!