[NLA] Re: Is the NRS a violation of the law?
Hal Beder
hbeder at rci.rutgers.edu
Mon Mar 10 14:49:33 EST 2003
Although there may be sound practice based reasons for not timing the TABE,
failure to time it destroys the reliability of the test. If you are using
un-timed testing data for your NRS reporting, your results are highly
suspect and the data cannot be used to compare your state performance to
any state that does time the test. Although for purposes of diagnosis
there may be arguments for not timing the TABE, I suspect un-timed test
data is not useful for accountability.
At 10:54 AM 3/9/2003 -0500, you wrote:
>Anne,
>I'm not going to touch the legality issue, for a variety of reasons I won't
>go into. However, your note raised a number of practice issues. Let me share
>a few thoughts about how we are addressing some of the issues you raise
>concerning TABE use.
>
>First, with every intake, we do a brief LD screening, using a short version
>(13 question) of the Nancy Payne inventory. If a student scores above a
>certain point, we then do a more involved screening (before doing any
>standardized assessment). Depending on what we learn, assessment or
>instruction is adjusted accordingly. We've been looking at how well that
>process identifies LD students and are okay, but not happy with it.
>
>Second, we do not mandate use of the locator, but I strongly urge it with
>teachers who are not familiar with the TABE. I encourage it as a source of
>data to guide teacher judgment. A key issue in TABE assessment is selection
>of the appropriate level of TABE. Using a level D TABE with a student with
>weak skills ensures student frustration and failure. In addition, many
>students need (for instance) a Level E in math and a level M in reading. In
>that case, using a level D test ensures student frustration and failure and
>a complete absence of useful diagnostic information. That isn't a test
>problem, it is an administrator failure.
>
>An experienced teacher who knows the TABE can get at appropriate test
>selection without a locator. An inexperienced teacher with little experience
>in the TABE has more trouble knowing which test is best for the student.
>
>We don't time TABE use. Does that raise validity issues across states?
>Certainly. At the beginning, we were using the AMES, which was not timed, so
>we decided that it provided consistency internally and seemed more humane to
>students. There may be costs to us down the road. So be it.
>
>Let me raise another issue that came from this that we missed initially.
>Timing the TABE gives a measure of fluency, maybe not the best measure, but
>a measure. A strong theme among our teachers is that fluency is an important
>aspect of literacy, particularly when job readiness becomes part of the
>picture. We have no measure of that currently and are faced with adding
>another assessment to get at it, or ...
>
>Finally, at Vermont Adult Learning, one of the few areas in which I find
>myself becoming adamant about is the use of the Individual Diagnostic Report
>whenever a TABE is administered. Students don't care whether they are NRS
>level 3 or 4 and don't understand stanine scores. They think they care about
>whether they are grade level equivalent 4.3 or 5.2, but I believe that is
>essentially worthless information (much longer topic).
>
>The aspect of the testing process that provides value to students is
>providing them with information about which specific skills they can
>demonstrate and which specific skills they cannot demonstrate. This allows
>the student to make decisions about her or his education. We believe that
>the competency information, combined with any LD screening information is
>crucial to the student in helping her decide how to proceed.
>
>I think, by the way, that the TABE diagnostic report is poorly designed and
>hard to read. A number of our teachers have been playing with a variety of
>re-writes of it to make it more student accessible. We've also developed
>alternative score sheets to address some LD issues that concern us with
>their forms.
>
>By our policies and practices, we can make TABE use more or less humane and
>useful. I wish you well in your process.
>
>Steve Gerard
>Director of Program Services
>Vermont Adult Learning
>East Montpelier, VT 05651
>(802) 229-5221 ext. 102
>
>
>----- Original Message -----
>From: "LVA" <lva at avenue.org>
>To: <nla at lists.literacytent.org>; "Nancy Hansen" <sfallsliteracy at yahoo.com>
>Sent: Thursday, March 06, 2003 3:41 PM
>Subject: Re: [NLA] Re: Is the NRS a violation of the law?
>
>
>As long as we're discussing legality, I have a question, too. My agency,
>Literacy Volunteers of Charlottesville-Albemarle, receives state funding,
>but so far Virginia has not required funded agencies to use specific tests.
>This may be about to change. Next year, we may be required to use the TABE.
>
>Actually, we already do use some versions of TABE for some students,
>supplemented with a word list from the Burns/Rowe Informal Reading
>Inventory. We don't use the TABE Locator, which our program director
>considers "demeaning", and we don't use the diagnostic profile. We never
>time students who take the TABE.
>
>We know from our intake, which is based on one developed by the Canadian
>Learning Disabilities Assoc. and includes an LD screening, that 60-70% of
>our basic literacy students show strong signs of LD. Some have been
>"officially diagnosed" LD -- either through our program, using a succession
>of Community Development Block Grants that fund professional testing for 3
>students a year, or elsewhere.
>
>An LD diagnosis entitles an individual to protection under the Americans
>with Disabilities Act (ADA), which, among other things, allows the
>individual to take standardized tests without being timed. My question
>(finally!) is can a state require a program to use a timed test for an LD
>student, or would this violate the ADA?
>
>Anne Jellen
>Administrative Director
>LVA-C/A
>
>
>----- Original Message -----
>From: Debbie Yoho <dwyoho at earthlink.net>
>To: Nancy Hansen <sfallsliteracy at yahoo.com>; NLA LIST
><nla at lists.literacytent.org>
>Sent: Thursday, March 06, 2003 10:53 AM
>Subject: [NLA] Re: Is the NRS a violation of the law?
>
>
> > Nancy Hansen requested that I research the actual wording of the WIA
> > regarding the Direct and Equitable Access Clause. That information
> > follows.
> >
> > For the good of the greater cause, this info is from a useful website,
>part
> > of the Department of Labor The actual law in its entirety, including the
> > NRS stipulations, as well as a lot of other very useful information, can
>be
> > found at
> >
> > doleta.gov/usworkforce/asp/act/asp.
> >
> > Regarding access to WIA funds, I directly quote from:
> >
> > Title II, Subtitle A: Adult Education and Literacy Programs
> > Section 231:
> >
> > (c) Direct and Equitable Access; Same Process.--Each eligible agency
> > receiving funds under this subtitle shall ensure that-- (1) all eligible
> > providers have direct and equitable access to apply for grants or
>contracts
> > under this section; and (2) the same grant or contract announcement
>process
> > and application process is used for all eligible providers in the State or
> > outlying area.
> >
> > and under
> > Section 203:
> >
> > (5) Eligible provider.--The term ``eligible provider'' means-- (A) a local
> > educational agency; (B) a community-based organization of demonstrated
> > effectiveness; (C) a volunteer literacy organization of demonstrated
> > effectiveness; (D) an institution of higher education; (E) a public or
> > private nonprofit agency; (F) a library; (G) a public housing authority;
> > (H) a nonprofit institution that is not described in any of subparagraphs
> > (A) through (G) and has the ability to provide literacy services to adults
> > and families; and (I) a consortium of the agencies, organizations,
> > institutions, libraries, or authorities described in any of subparagraphs
> > (A) through (H).
> >
> >
> >
> >
> >
> >
> > Deborah W. Yoho
> > Co-moderator, NIFL-Health Listserv
> > President, SC Adult Literacy Educators
> > Executive Director, Greater Columbia Literacy Council
> > 2728 Devine Street, Columbia, SC 29205
> > 803-765-2555 Fax 803-779-8417 dwyoho at earthlink.net
> >
> >
> > > [Original Message]
> > > From: Nancy Hansen <sfallsliteracy at yahoo.com>
> > > To: Debbie Yoho <dwyoho at earthlink.net>
> > > Date: 2/27/2003 4:48:41 PM
> > > Subject: Re: Is the NRS a violation of the law?
> > >
> > > Debbie: Thanks for trying to locate the copy of the
> > > access clause. I've never even seen the WIA document.
> > > Now, isn't <that> interesting since I've been around
> > > since before the Adult Ed Act was adopted. (And
> > > actually was funded under that Act before the more
> > > recent changes to federal accountability stds and the
> > > WIA.) One big disgusted HURRRR-ump!!!
> > >
> > > I am glad that you have used the TABE so you
> > > understand the implications as well as the use. Do
> > > <you> think it is as big a garbage piece as <I> do?
> > > Or is it just ME. When someone like "Steve whoever"
> > > does such a great sales job about testing with TABE,
> > > it makes a person wonder.
> > >
> > > Keep in touch.
> > > Nancy
> > >
> > > --- Debbie Yoho <dwyoho at earthlink.net> wrote:
> > > > Nancy: I do have the TABE and have in fact used it
> > > > before in another context. Thanks for your offer to
> > > > help. I'll see if I can find my copy of the WIA or
> > > > otherwise reach it and get that to you. The "direct
> > > > and equitable access" clause was in the Adult Ed Act
> > > > of 1991 and was continued in the WIA. More on that
> > > > later. Thnaks, Debbie
> > > >
> > > >
> > > > -------Original Message-------
> > > > From: Nancy Hansen <sfallsliteracy at yahoo.com>
> > > > Sent: 02/26/03 01:00 PM
> > > > To: dwyoho at earthlink.net
> > > > Subject: Re: [NLA] Is the NRS a violation of the
> > > > law?
> > > >
> > > > >
> > > > > Hey Debbie:
> > > > No time to respond to the list right now but believe
> > > > you ME, I <<AM>>! In the meantime ...
> > > >
> > > > You could give me bullets for my artillery if you
> > > > would fax me a copy of that "direct and equitable
> > > > access clause" in the WIA. I have never seen it even
> > > > though from time to time have heard it ... Jon
> > > > Randall
> > > > and Peter Waite have both made mention of it to me.
> > > > Our fax# is (605)332-9389.
> > > >
> > > > Do you have a copy of the TABE tests??? I sure hope
> > > > you have had those made available to you. They are
> > > > <<booklets>>, Debbie!!! They are written in
> > > > difficulty levels, but even the /L/ level for
> > > > Literacy
> > > > has 3(?) pages of written pieces if I remember
> > > > correctly. The next level up is called the /M/
> > > > level,
> > > > I think. ("M" for medium hard. Aren't they clever
> > > > though?) You and your board need to see both of
> > > > those.
> > > >
> > > > If you don't have the TABE, give me your snail-mail
> > > > address and I'll copy the booklet to you that I have
> > > > in MY file. (Oh. By the way. For some <time> now
> > > > our ABE programs time the higher level and <not> the
> > > > literacy level students' tests, just as you gave as
> > > > an
> > > > example, and >I< have questions about "invalidating
> > > > the TABE score" that doesn't show anything anyHOW!!)
> > > > --- "Deborah W. Yoho" <dwyoho at earthlink.net> wrote:
> > > > > 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
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > > _______________________________________________
> > > > > NLA mailing list: NLA at lists.literacytent.org
> > > > > <a target=_blank
> > > >
> > >
> >
>href="http://lists.literacytent.org/mailman/listinfo/nla">http://lists.liter
> > acytent.org/mailman/listinfo/nla</a>
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> > > >
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> > > >
> > > >
> > > > =====
> > > > Nancy Hansen, E.D.
> > > > Email: sfallsliteracy at yahoo.com
> > > >
> > > > Sioux Falls Area Literacy Council
> > > > Sioux Falls, SD 57104-1314
> > > > Phone: (605) 332-BOOK
> > > > Fax: (605) 332-9389
> > > >
> > > > __________________________________________________
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> > > > >
> > >
> > >
> > > =====
> > > Nancy Hansen, E.D.
> > > Email: sfallsliteracy at yahoo.com
> > >
> > > Sioux Falls Area Literacy Council
> > > Sioux Falls, SD 57104-1314
> > > Phone: (605) 332-BOOK
> > > Fax: (605) 332-9389
> > >
> > > __________________________________________________
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> >
> >
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