[NLA] Is the NRS a violation of the law?

[Deborah W. Yoho]

Nancy:

I am unsure at this point, but the rumour is that our new state adult ed
director intends to insist that only the TABE will do.  If that happens, we
would be in the same position as you.  I think the policy implication
actually borders on a violation of the law (the WIA):  if states adopt
policies that have the effect of "locking out" CBO's (those who work with
individual learners as opposed to classes), it seems to me the direct and
equitable access clause, at least the spirit of it, has been violated.  In
my discussions with other CBO's here, I am told that the TABE could be
given as an individual test, untimed, as an alternative to the Slosson.  I
think this invalidates the TABE score.  And it certainly leaves the learner
stuck with a paper and pencil torture chamber.  If this is going on to any
great extent, obviously the validity of the data being collected through
the NRS is even more open to question.  The trouble is, unless learners
speak up in opposition to this kind of treatment, and loudly, I think that
these practices, bordering in my opinion on abuse, will continue.

It is indeed a somber thought that eventually my Board may be placed in the
position of choosing between going out of business or contributing to
abusive practice.  The WIA funds account for just over a third of our
budget.  Without that money, we would not be able to afford a full-time
director, and without a full-time director, we lose our United Way funds,
another third of the budget, effectively putting us out of business.  At
the very least, if and when we choose to fight the issue (perhaps through
legal representation) we would contribute to the in-fighting and
fragmentation of an already-ailing system. But who can afford attorneys?  

So I shall put the question to this list:  am I being an alarmist here (I
sure hope so)?  Has anyone anywhere already raised the question of whether
the NRS, in its effects, violates the direct and equitable access clause? 
If so, what can be done about it?  If not, why not?   Debbie Yoho





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