Non-Discriminatory Assessments

(A teachers guide to accurate assessments)

nondiscriminatory assessment is not a search for an unbiased test but rather a process that
ensures every individual, not just those who are different in some way, is evaluated in the least
discriminatory manner possible. (Ortiz,2005)
Definition of a non-discriminatory assessment:
According to the Maryland Department of Education a nondiscriminatory assessment is (a)
Tests and other evaluation materials and procedures that are administered in the native
language of the parents or other mode of communication, unless it is clearly not feasible to do
so; b) Any assessment and evaluation procedures and materials that are used are selected and
administered so as not to be racially or culturally discriminatory; (c) No single procedure is
used as the sole criterion for determining a child's eligibility under this part; and (d) evaluations
and assessments are conducted by qualified personnel.
What to do:
-When conducting an assessment it is important to consider what you are assessing. Assessments
are not accurate when they are examining the performance of a student and not the actual ability
of the student.
-Make sure you take into account potential outside factors that could be effecting the students
ability to learn such as socioeconomic background, cultural/linguistic differences, low selfesteem, illness and peer expectations.
-Assessments should be diagnostic; meaning that they should look at the whole problem and dig
deep into it
-You should assess with an end goal in mind. Look at what you can do to improve student
learning. Assessments of any kind, nondiscriminatory included, are of little value unless they can
be extended to incorporate appropriate interventions and treatment options.
-Evaluation of cultural difference should be viewed as examination of relatively unique
circumstances or learning experiences that can not be considered comparable to the experiences
of individuals raised in the U.S. mainstream. Some examples that may be consistent with this
definition include poverty, deafness or other disability, bicultural students, students with
childhood trauma or abuse, and students from dysfunctional families. Although culture tends to
be the major factor that influences an individuals development, it need not be thought of as
being neatly circumscribed.(Ortiz, emphasis added)
-Testing should be conducted in the native language of the student. When assessing students with
a different language background you should consider the following guidelines (a) individuals
who are not proficient in English should be assessed in their primary language or native mode of
communication in addition to any English language testing that may be appropriate; (b)
individuals who are proficient in English may be assessed in their primary language or native

mode of communication in addition to any English language testing that may be appropriate; and
(c) all individuals, whether proficient in English or not, whose histories and backgrounds are not
comparable to the U.S. mainstream, should be evaluated by an assessor who possesses
knowledge regarding the factors relevant to the individuals unique experiences and how they
may affect learning and development.
-consider a mix of performance based assessments and standardized test
- gain a knowledge of factors that may have played a part in creating significant differences
between the experiences of the individual to help to evaluate and assign meaning to the patterns
seen in the data.
What not to do:
-Avoid using assessments on the discrepancy model i.e IQ test. Some recommended alternatives
to an IQ test include using grades, subjective evaluations, portfolios, and prior experiences to
evaluate students.
-Do not give an assessment with the end placement in mind instead keep your mind open to all
the options
Relevant Case Law:
Larry P V. Wilson Riles (1986)- The court ruled that the school district was prohibited from using
an standardized test to place students in Special Education. This case is significant because it
requires that assessments given cannot be racially or culturally discriminative and it required the
school districts to provide evidence for the ratio of African American students in Special
Education.
Hobson v. Hansen (1967)-The court ruled that tracking systems disadvantaged students.
PARC v the Commonwealth of Pennsylvania (1971)-The court ruled that the denial of education
opportunity that occurred in relation to students with disabilities violated the 14th amendment.
The PARC case laid the legal framework for the Education of All Handicapped Children Act.
This case is significant because it ensures that every student has access to an education.
For more information about this topic contact the Department of Education 1-800-872-5327
Davidson, C. A. K. (1992). Alternative and traditional assessment procedures in special education identification
and classification (Order No. 9306216). Available from ProQuest Dissertations & Theses Full Text; ProQuest
Dissertations & Theses Global. (304045263). Retrieved from http://search.proquest.com/docview/304045263?
accountid=9817
Ortiz, Samuel. "Best Practices in Nondiscriminatory Assessment." Best Practices in School Psychology. 2005. 1-13.
Print.