Judge Kimba Wood ruled that one of the four tests that are required to become a teacher in New York is not discriminatory, although whites passed at a much higher rate than black or Hispanic test-takers.
A federal judge on Friday ruled that a new licensing exam for teachers given by New York State did not discriminate against minorities, saying that even though they tended to score poorly, the test evaluated skills necessary to do the job.
The ruling is a departure from earlier decisions by the same judge, Kimba M. Wood of Federal District Court in Manhattan, in which she threw out past certification exams. It also symbolizes a significant moment in a long-running tug of war between two policy goals in education: making tests for new teachers more rigorous, and increasing the diversity of the nation’s teaching force.
The exam, the Academic Literacy Skills Test, often called the ALST, was first given in the 2013-14 school year, and is meant to assess a potential teacher’s reading and evidence-based writing skills, and ability to master the Common Core standards for English.
In New York, the exam is one of four tests new teachers must take to become certified.
Ken Wagner, a former New York State deputy commissioner of education who is now Rhode Island’s education commissioner, said in a court brief last month that the new tests were developed “with the need to address the achievement gap in mind and in recognition of the state’s responsibility to ensure that each newly certified teacher entered the classroom with certain minimum knowledge, skills and abilities.”
But some schools of education in New York complained that the literacy skills test was not a true measure of what makes a good teacher, and that many of their black and Hispanic students were failing it. An analysis last year found that 46 percent of Hispanic candidates and 41 percent of black candidates passed the test on the first try, while 64 percent of white candidates did so. Students may retake the exams.

I am suspect of this ruling. Students think this is more unfair than the LAST. KC
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Skill on a bubble test does not define the myriad skills that it take to be a competent teacher. This is a naive way to look at a complex issue.
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There may be exceptions, but it seems to be that academic professional certification exams almost always have a disparate negative impact on minorities. The same is true of bar exams. It may be the case that, as with the SAT, professional certification exams simply measure one’s parents income.
are I’m not sure there’s any
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The courts are not going to be our salvation in NYS.
Because of the reform movement’s strength among Republicans and (sadly) Democrats, the traditional political alignments for judges are out the window. This problem is, of course, the broad, central issue we face against the reformers….there are plenty of progressive folks on the reform side. This is one of the reasons I always harp on the labor/union thing…..the usual progressive credentials mean nothing in our fight….what counts is where people are on labor. Anyhow, as far as judges go, a conservative or liberal judge is equally likely to rule against our (organized teachers/anti-reform) positions in court.
We have to brace for this….losing in court, much bigger than this case about teacher tests.
So far in our war against the privatizers, this much is crystal-clear:
– the courts will not be our saviors.
– the political process will not be out savior. (Dems likely to win are just as likely to be pro-reform….see Hillary R. Clinton)
– federal investigations into state governments will not be our savior (see the lack of indictments for Andrew Cuomo).
– a seat at the table will not be our savior. (If I need to explain this,
well…I don’t.)
– our current union leadership will not be our saviors. (Again, hyper-obvious)
– the media will never, ever be our saviors. (The current state of state-level reporting is lower than abysmal, and it is at the state level that things really matter.)
– being right will not be out savior. (We have won all the intellectual battles. Turns out that nobody cares)
– school administrators, from principals up to district people will NEVER be our saviors. (We have to be clear here…even though there are some powerful admin voices on our side, there are tons who welcome the disruption to organized teachers that the reform movement has brought. Also, never trust admin.)
Looks like all we have is ourselves. Working teachers. I am of the opinion that the way to really do things right is to first take back our unions. Then proceed from there….no more sitting at tables. No more working with reformers. No more letting the reformers set the agenda. No more relying on courts. No more waiting for saviors.
Thoughts?
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I agree 150% with what you are saying.
But I would like to expand to way beyond teachers, who make up about 1% of the American adult population. All people here have to become collectively each others’ saviors by coming to a consensus on what is a dignified life and by dispensing with labels.
Southerner, Yankee, conservative, liberal, white collar, blue collar . . . . they all mean nothing because at the end of the day, what is in your wallet for healthcare, home ownership, higher education, and quality of life?
When a vast majority of people join together on those issues, then we will see the real, the only, and the most effective saviors.
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A dignified life to me is being able to work in your chosen field and be able to enjoy the fruits of your labor. Be in a community you respect and support equality of opportunity for all.
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New York teacher, you are so right in this. Until we take back our unions and make them accountable, we’ll never win this battle. Just like Move On did to Chuck Schumer, you don’t support our cause, we can’t support you financially. Right now our teacher unions are in bed with the deformers since they think it’s the only way to stay in the game. I say, we have to champion our own cause because we should be directing the education dialogue, we are the most qualified to do so and we have to get the public on the right issue, it’s not about starting new schools, it’s about making the schools we have better and more versatile. We want parents to have choices in their own neighborhoods and all to to have equity in their choices. In other words, we don’t have to reinvent the wheel, we just need to repurpose it so it runs better.
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Well, we need to get jobs for the 45% that do pass. The issue of testing is not why we do not have Black and Hispanic teachers in the schools. The 45% passing rate should be enough to represent that portion of the population. Life, and the educational system is unfair and the literacy levels of “all” teachers is declining, but there has to be some kind of literacy goal.
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Really where did you get that conjecture about literacy among teachers. Is that just your observation?
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Joseph, you misinterpret the data. The story doesn’t say that 45% of all teachers who passed are black or Hispanic. 45% is the proportion of black and Hispanic students who passed the test. Whites passed the same test at a far higher rate.
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Sorry, but the judge is WRONG.
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Have any of the commenters read the decision?
Read the decision here: http://www.nysd.uscourts.gov/cases/show.php?db=special&id=479
For 75 years New York City tested prospective teachers and supervisors through the Board of Examiners, a quasi-independent organization. The tests were quite rigorous, a written test and an interview, with high failure rates. After a court ruled the tests were discriminatory tests were eliminated ,,, the replacement tests had a 98% passing rate … we use bar exams to license lawyers, shouldn’t we have a “bar exam” for prospective teachers?
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Whatever you want to call them, there are already “bar exams” for teachers. And at least in theory, it we don’t necessarily have to choose between certification exams that have disparate negative impacts on minorities, on the one hand, and no certification exams at all.
In reality, I think anyone who understands that performance on standardized assessments tracks parental income would have to be very naive to think that academic certification exams won’t do the same thing.
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