APA Letter Submitted to the Department of Education Commenting on ESEA Title I Regulations 

February 19, 2002

Susan B. Neuman
Assistant Secretary for Elementary and Secondary Education
U.S. Department of Education
400 Maryland Avenue, SW
Room 3W331
Washington, DC 20202
ATTN

Dear Assistant Secretary Neuman:

On behalf of the 155,000 members and affiliates of the American Psychological Association (APA), I would like to submit the following comments related to Title I of the Elementary and Secondary Education Act (ESEA), as requested in the January 18^th Federal Register (Vol. 67, No. 13). APA would like to comment on the following areas: 1) the importance of validity and reliability in assessments; 2) the implications of testing on children with anxiety-related problems; 3) the appropriate use of test scores at the student level; and 4) our support for the inclusion of mental health services throughout the legislation.

As you may know, issues concerning the welfare of children are of paramount importance to our membership. Title I is a program of vital interest to many APA members. It provides support to many of our nation’s most vulnerable children by offering them resources to overcome obstacles in learning. The work of research psychologists has played a pivotal role in our society’s understanding of the cognitive, social, and emotional development of children and youth. In addition, health service psychologists enhance children’s well being through work with schools and parents to assess and remediate learning and behavior problems of school-age children. The APA has a great deal to contribute with respect to translating our expertise in testing and psychological research into practical education reforms. APA members have significant expertise in both the development and proper use of valid educational assessments, as well as experience in producing accurate measures by which to gauge progress for all student populations. Psychologists also serve the educational system by providing mental health services and support to students who have a variety of needs, as a result of the introduction of new tests designed to assess academic achievement standards. It is with these perspectives that we share comments with you regarding both aspects of testing and assessment.

Validity and Reliability in Assessments:

Clearly, some of the most significant changes to ESEA relate to testing and assessment. The law now requires individual States to develop assessment plans targeted at encouraging and monitoring student progress in meeting State performance standards. These assessment plans will be especially complex because they must not only assess the student’s current performance on the State standards, but also allow for reporting of annual yearly progress toward meeting the goal of bringing the performance level of all students to the proficient level. Most States will be seriously challenged to develop assessments that meet these objectives. Currently, a significant number of State Departments of Education have limited technical proficiency at the level needed to accomplish the psychometric challenges presented by this law. It is likely that States will need substantial assistance if they are to develop these assessments. APA urges the U.S. Department of Education, when considering regulations to guide the implementation of this program, to provide adequate technical support, guidance and assistance to States to ensure that assessments are created that meet both the letter and the spirit of the law.

More specifically, APA would like to comment on certain provisions of the law that warrant special attention:

Perhaps one of the most important provisions to APA is found in the subsection entitled, "Requirements for Other Indicators," [Sec. 1111(b)(2)(D)]. As many would argue, the testing and assessment provisions are at the heart of this reform legislation. APA views the reliability and validity requirements of assessments as the cornerstone and foundation upon which the rest of this legislation relies, as invalid assessments will have drastic consequences for both schools and individual students. Therefore, APA strongly suggests that when implementing this language, the regulations refer explicitly to the Standards for Educational and Psychological Testing (1999). The Standards publication is widely recognized as an authoritative document on test development and use. Co-developed with the American Educational Research Association and the National Council on Measurement in Education, the Standards are the most widely accepted professional standards that are relied upon in the development, evaluation, and use of tests. They call for the interpretation of test scores to be reliable (consistent) and to show evidence of validity (accuracy) for their intended purposes.

Regarding the definition of "Adequate yearly progress," [Sec. 1111(b)(2)(C)], APA is especially interested in ensuring that exceptions to "disaggregation of data" are adhered to and maintained during any subsequent revision/negotiation. Disaggregation should not be done without privacy protections for personally identifiable information. APA supports these exceptions and encourages negotiators to clarify when States should not disaggregate data.

APA asks that when implementing P.L. 107-110, negotiators be mindful of the language that is used and the implications of that language. In various places in the law, the legislative language refers to "closing the achievement gap." APA cautions those implementing the law to ensure that this language does not have the unintended, adverse effect of holding back our nation’s gifted and talented students. We are confident that the goal of this legislation is to provide incentives for progress, not disincentives to our nation’s highest achievers, which may lead them to stagnate. APA urges that final regulations embrace the concept found in other parts of the law of "improving the academic achievement of all students" -- which has the more appropriate goal of maximizing the potential of all students.

Finally, the law does provide explicit direction that the assessments should be used for diagnostic purposes and to "address the specific academic needs of students as indicated by the students’ achievement on assessment items." The importance of this provision cannot be overstated. These assessments must be used to help students achieve and to ensure that no student is left behind. Ensuring that the assessment is used as an effective tool for helping individual students will be critical in providing some students with the extra help they might need to achieve and in providing supplementary services to those students who are ahead of the curve in learning.

There is another ramification of the testing and assessment provisions in the law. Schools must have the capacity to support students who develop or have mental health issues (e.g., anxiety and depression) that emanate from or are exacerbated by the educational assessment requirements. Children who already have anxiety issues, or have a previously diagnosed anxiety disorder, now will be required to take part in new tests designed to assess academic achievement and could suffer anxiety-related problems that may interfere with their ability to be successful on the exam. In addition, due to their mental health issues, the assessment may not accurately reflect the child’s abilities without proper accommodations for their mental health needs. Psychologists can play primary care and preventative roles in these instances by developing better mechanisms for identification of children with mental health problems who may struggle with the educational assessments. Schools must have the capacity and means to allow psychologists to perform these functions. For examples, psychologists can consult with teachers to identify children with a predisposition of increased anxiety in testing situations. Psychologists also can be engaged in a treatment role to help reduce the mental health impact on a child's assessment results. For example, a psychologist can engage in individual or group counseling sessions at the school that will teach children anxiety-reducing strategies.

Finally, APA commends the inclusion of references to mental health services in the law, for example the specific mention of mental health services in the "Use of Funds for local agency programs" (Sec. 1424) of Title I, Part D (Prevention and Intervention Programs for Children and Youth Who Are Delinquent or At-Risk). We encourage the Secretary to be explicit in including mental health services in the list of transition services (Sec. 1418 (a) (iv)) and program requirements for correctional facilities (Sec. 1425 (3) and (4) as well. This would make explicit the implied inclusion of such services through the use of the term "counseling" and would facilitate students receiving services to enhance their functioning in the institutional and school setting.

Thank you for your thoughtful consideration of our comments. APA stands willing to participate in the negotiated rulemaking process. Many of our members have extensive expertise relating to the implementation of Title I from testing and assessment to helping children and families through research services and consultation. If you have any additional questions or comments, please feel free to contact our Public Policy Office at (202) 336-6062.

Sincerely,
Raymond D. Fowler, Ph.D.
Executive Vice President and Chief Executive Officer
American Psychological Association

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