National Assessment of Educational Progress

National Assessment Governing Board

U.S. Department of Education

REPORT

CARD

THE NATION’S
The National Assessment Governing Board

The National Assessment Governing Board (NAGB) was created by Congress to formulate policy for the National

Assessment of Educational Progress (NAEP). Among the Board’s responsibilities are developing objectives and test

specifications and designing the assessment methodology for NAEP.

Members

Mark D. Musick, Chair

President

Southern Regional Education Board

Atlanta, Georgia

Michael T. Nettles, Vice Chair

Professor of Education

University of Michigan

Ann Arbor, Michigan

Moses Barnes

Principal 

Hallandale High School

Hallandale, Florida

Melanie A. Campbell

Fourth-Grade Teacher

West Indianola Elementary School

Topeka, Kansas

Honorable Wilmer Cody

Former Commissioner of Education

State of Kentucky

New Orleans, Louisiana

Daniel Domenech

Superintendent of Schools

Fairfax County Public Schools

Fairfax, Virginia

Edward Donley

Former Chairman

Air Products & Chemicals, Inc.

Allentown, Pennsylvania

Thomas H. Fisher

Director, Student Assessment Services

Florida Department of Education

Tallahassee, Florida

Edward H. Haertel

Professor, School of Education

Stanford University

Stanford, California

Juanita Haugen

Local School Board Member

Pleasanton, California

Honorable Nancy K. Kopp

State Legislator

Annapolis, Maryland

Honorable Ronnie Musgrove

Governor of Mississippi

Jackson, Mississippi

Roy M. Nageak, Sr.

First Vice-Chair

Alaska State Board of Education 

and Early Development

Barrow, Alaska

Debra Paulson

Eighth-Grade Mathematics Teacher

Dr. Hornedo Middle School

El Paso, Texas

Honorable Jo Ann Pottorff

State Legislator

Wichita, Kansas

Diane Ravitch

Senior Research Scholar

New York University

New York, New York

Sister Lourdes Sheehan, R.S.M.

Secretary for Education

United States Catholic Conference

Washington, D.C.

John H. Stevens

Executive Director

Texas Business and Education 

Coalition

Austin, Texas

Adam Urbanski

President

Rochester Teachers Association

Rochester, New York

Migdania D. Vega

Principal

Coral Way Elementary Bilingual

School

Dade County Public Schools

Miami, Florida

Deborah Voltz

Assistant Professor

Department of Special Education

University of Louisville

Louisville, Kentucky

Honorable Michael Ward

State Superintendent of Public 

Instruction

North Carolina Public Schools

Raleigh, North Carolina

Marilyn A. Whirry

Twelfth-Grade English Teacher

Mira Costa High School

Manhattan Beach, California

Dennie Palmer Wolf

Senior Research Associate

Harvard Graduate School of 

Education

Cambridge, Massachusetts

Roy Truby

Executive Director, NAGB

Washington, D.C.
for Civics

Edited by

Susan Cooper Loomis

Mary Lyn Bourque

July 2001

National Assessment of Educational Progress

National Assessment Governing Board

U.S. Department of Education

THE NATION’S

REPORT

CARD
Chair, Committee on Standards, Design and Methodology

Roy Truby

Executive Director

Mary Lyn Bourque

Project Officer

July 2001

Developed for the National Assessment Governing Board

under contract number ZA97001001 

by ACT and Aspen Systems Corporation

Suggested Citation

Loomis, S.C. and Bourque, M.L. (Eds.)

National Assessment of Educational Progress 

Achievement Levels, 1992–1998 for Civics,

Washington, DC: National Assessment Governing Board, 2001.

For More Information

National Assessment Governing Board

800 North Capitol Street, NW, Suite 825

Washington, DC 20002–4233

877–464–3796

www.nagb.org

To Order This Report

Call tollfree 1–877–4ED–Pubs

or visit www.ed.gov/pubs/edpubs.html

ii NAEP ACHIEVEMENT LEVELS 1992–19
CIVICS iii

Achievement Levels: Descriptions and Cutscores....................................................7

Achievement Levels: Sample Items ....................................................................12

Performance Data .........................................................................................24
CIVICS 1

The purpose of this report is to increase understanding of the achievement levels for the National

Assessment of Educational Progress (NAEP): what they are, and what they are not. The report is

a reference for the American public, especially educators, parents, students, and policymakers.

Seven booklets make up the report; each booklet focuses on one of the subjects for which NAEP

achievement levels have been set. These include mathematics, science, reading, writing, civics,

U.S. history, and geography.

The information in this report will be helpful in interpreting accurately the meaning of the Civics

NAEP achievement levels and student performance relative to the levels. NAEP provides information about student performance at the national, state, and district levels. 

What Is the National Assessment of Educational Progress?

NAEP is a survey of American students’ knowledge and skills in different subjects at grades 4, 8,

and 12. NAEP combines the samples of performances to provide information about the knowledge and skills of students in the nation as a whole, in each participating state, and in different

demographic groupings.

What Are NAEP Achievement Levels?

Congress authorized the National Assessment Governing Board (NAGB) to set achievement

goals for student performance on NAEP. NAGB identified and defined the goals in terms of 

three levels of achievement: Basic, Proficient, and Advanced. NAEP achievement levels define

what students should know and be able to do at the Basic, Proficient, and Advanced levels

established by NAGB.

There are three parts to NAEP achievement levels: descriptions, cutscores, and sample items. The

achievement levels descriptions are statements of what students should know and be able to do

at each level. The cutscores represent the minimum score required for performance at each NAEP

achievement level and are usually reported along with the percentage of students who scored at

or above the level. Sample items provide illustrations of student knowledge and skills required

within each level of achievement.
level or higher. Meeting this goal for the nation as a whole will take time. Competency over

challenging subject matter is not easily attained. The average performance score on NAEP in

most subjects falls within the Basic achievement level.

How Should Achievement Levels Be Interpreted?

Unlike most assessments, there are no individual scores on NAEP. Achievement levels define p

formance, not students. Notice that there is no mention of “at grade level” performance in the

achievement goals. In particular, it is important to understand clearly that the Proficient achieve

ment level does not refer to “at grade” performance. Nor is performance at the Proficient leve

synonymous with “proficiency” in the subject. That is, students who may be considered profici

in a subject, given the common usage of the term, might not satisfy the requirements for perfo

ance at the NAEP achievement level. Further, Basic achievement is more than minimal compet

cy. Basic achievement is less than mastery but more than the lowest level of performance on

NAEP. Finally, even the best students you know may not meet the requirements for Advanced

performance on NAEP.

How Are the Achievement Levels Developed?

The achievement levels-setting process is carefully designed, implemented, and evaluated with

great attention to detail and technical precision. The process of developing achievement levels

involves the judgments of informed, well-qualified people from throughout the nation and its ter

tories. Approximately 30 persons serve on each of three grade-level panels to develop NAEP

achievement levels. These 90 panelists include teachers (about 55 percent), other educators

(about 15 percent), and members of the general public (about 30 percent). To the extent poss

ble, the panels are proportionally representative of the nation’s population with respect to regio

race/ethnicity, and gender. 

Panelists participate in a five-day process that includes training and instruction to prepare them

for the standard-setting tasks. Panelists make three separate sets of judgments of student perform

ance on NAEP items, and they receive a variety of feedback information about the implication

of their judgments. Sophisticated psychometric methods are used to produce the feedback and

guide the process.

2 NAEP ACHIEVEMENT LEVELS 1992–19
pg pp

the recommendations of panelists and technical advisors regarding the levels. The Board also

considers additional information about student course-taking patterns in the subject area and

student performance on other assessments in the subject. NAGB then judges whether the standards are reasonable and makes the final decisions for setting the standards. The panels for

civics were convened in November 1998, and NAGB set the Civics NAEP Achievement Levels

in May 1999.

CIVICS 3
What Is the Civics NAEP Framework?

The framework is the guide to the assessment. It defines the structure, organization, and genera

content for the assessment. What constitutes civics education? What aspects of civics knowled

and skills should be assessed? How should different components of civics knowledge and skill

be assessed? How much emphasis should be given to each? All of these questions and many

more are addressed in the framework.1 Answers to such questions shape the development of

items and determine how student responses will be scored.

How Was the Framework Developed?

A national consensus process was used to develop the content of the framework documents fo

the Civics NAEP and the other subject assessments. Panels of content experts, practitioners, an

professionals in related fields developed the Civics NAEP Framework to reflect the input collec

from groups of scholars, state and local educators, civic leaders, and other interested citizens.

Information about civics curricula was collected throughout the country. The panels of framewo

developers evaluated this information in light of their professional training and expertise. They

also drew heavily from The National Standards for Civics and Government.

What Are the Components of the Assessment Framework?

The general goal set for the Civics NAEP is the assessment of how much and how well studen

are learning the essential knowledge and skills about democratic citizenship and government.

The panels identified three interrelated components, representing the essential elements of civic

education, as the basic units of the assessment: civic knowledge, civic skills, and civic dispositions. Each assessment task measures both knowledge and an intellectual skill. Tasks may also

measure students’ understanding of the importance of participatory skills or civic dispositions.

More than one content, skill, or type of disposition may be evident in a specific assessment tas

■ Civic knowledge is the content component of the assessment—the core. This component is

represented in five fundamental questions:

4 NAEP ACHIEVEMENT LEVELS 1992–19

1

Frameworks are available on the Internet at www.nagb.org. Printed copies of the framework for Civics and for other

NAEP subjects are available from the National Assessment Governing Board. Copies are also available through the 

U.S. Department of Education’s ED Pubs information center at 1–877–4ED–Pubs.
gqppy pp, ,

and responsible citizenry. The skills will develop and mature as students progress through

grades 4, 8, and 12.

1. Intellectual skills include identifying and describing; explaining and analyzing; and evaluating, taking, and defending positions on public issues. The framework includes many

examples to illustrate each type of intellectual skill in the context of civics.

2. Participatory skills are categorized as interacting, monitoring, and influencing. These

skills are necessary for people to be informed, competent, and responsible participants

in the political process and in civil society.

a. Interacting skills are those involving interpersonal relationships. They are the skills

needed to communicate and work cooperatively with other citizens.

b. Monitoring skills are those involving interactions with the political process and government. Intelligent citizen participation requires this skill.

c. Influencing skills are those involving a specific form of the relationship of citizens to

politics and governance. Namely, influencing skills refer to those needed to affect

the processes of politics and governance.

The framework includes numerous examples to illustrate each type of participatory skill in the

context of civics.

■ Civic dispositions refer to the character traits necessary to preserve and improve the system of

governance. Civic dispositions are acquired and learned, just as traits associated with culture

are acquired and learned. Civic dispositions develop slowly as a child develops and learns

through experiences in the home, school, community, and other parts of civil society. The

framework provides examples of civic dispositions that contribute to the general well-being of

individual citizens, the political process, the system of government, and the common good.

The developers of the Civics Framework specified the proportion of items for each of the different

components of the assessment. Testing time allocations for each content area of civic knowledge

and in each area of intellectual skills were further specified by grade level. The relative allocations show how expectations of what students should know and be able to do vary according 

to grade level. For example, questions about civic life, politics, and government should consume

CIVICS 5
6 NAEP ACHIEVEMENT LEVELS 1992–19
Proficient

(177)

things that government is not allowed to do. These students should have some understanding of the foundations of the American political system. In the context of their

school and community, they should understand rules and laws, rights and responsibilities, and ways to participate in governing. These students should know that the

world is divided into many countries.

Fourth-grade students performing at the Basic level should have some understanding

of what government is and what it does, and they should be able to identify some

things that government is not allowed to do. They should be able to explain purposes

of rules in the school and the community and to describe what happens when people

break laws. These students should understand how national holidays and symbols

such as the flag, the Statue of Liberty, and the Fourth of July reflect shared American

values, and they should be able to identify different types of diversity in American

society. They should be able to describe ways to settle disagreements or conflicts

peacefully. They should be able to name the president and their state governor and to

identify rights and responsibilities of a citizen. They should know some ways that students can participate in governing their school and community, and they should be

able to describe qualities of a good leader. Finally, these students should know that

the world is divided into many countries.

Fourth-grade students performing at the Proficient level should have a good understanding of what the American Government does and of why it is not allowed to act

in certain ways. These students should have an age-appropriate understanding of the

foundations of the American political system. They should understand purposes of

laws, ways shared beliefs unify Americans, what it means to be a citizen, rights and

responsibilities of citizens, and the idea of public participation in governing. These

students should be able to describe ways in which countries interact with one another. 

Fourth-grade students performing at the Proficient level should have a good understanding of what the American Government does and of the reasons why it is not

allowed to act in certain ways. They should be able to explain why we have laws.

These students should be able to recognize diversity in American society and that

Americans are united by shared beliefs and principles. They should know that the

Constitution and the Declaration of Independence are founding documents of American democracy. They should be able to explain how people make decisions about

the ways they live together in a democracy and how groups in schools and communities can manage conflict peacefully. They should know what it means to be a citizen of their state and the nation, and they should be able to distinguish between

rights and responsibilities of citizens. They should understand why it is important for

people to participate in governing their school and community. Finally, these students should be able to describe ways in which countries interact with one another.

CIVICS 7
and diversity in American society. They should be able to distinguish between servi

es provided by local and state levels of government. These students should be able 

describe how government can make it possible for people to accomplish goals the

could not achieve alone. They should be able to identify ways in which citizens ca

keep track of their government’s actions, and understand the connection between

rights and responsibilities of a citizen. Finally, they should be able to explain how

nations benefit when they resolve conflicts peacefully.

Eighth-grade students performing at the Basic level should have some understanding 

competing ideas about purposes of government, and they should be able to describ

advantages of limited government. They should be able to define government, cons

tution, the rule of law, and politics. They should be able to identify the fundamental

principles of American democracy and the documents from which they originate, an

they should understand the importance of a shared commitment to the core values o

American democracy. They should recognize the components of the political proces

and understand personal, political, and economic rights and responsibilities. They

should be able to describe the purposes of some international organizations.

Eighth-grade students performing at the Basic level should have some understandin

of competing ideas about purposes of government, and they should be able to

describe advantages of limited government. They should be able to define what is

meant by government, constitution, the rule of law, and politics. These students

should be able to identify fundamental principles and values of American democra

cy, such as federalism, the separation of powers, checks and balances, governme

by the consent of the governed, and individual rights. They should understand tha

the Declaration of Independence and the United States Constitution, including the

Bill of Rights and other amendments, are sources of these ideas. These students

should be able to explain why it is important that citizens share the values and pri

ciples expressed in the nation’s core documents, and they should understand functions of elections, political parties, and interest groups in a democratic society. The

should know that American citizenship is attained by birth or through naturalizatio

They should be able to identify personal, political, and economic rights of Americans and should understand the responsibilities that these rights imply. Finally, thes

students should be able to describe purposes of international organizations to whi

the United States belongs.

8 NAEP ACHIEVEMENT LEVELS 1992–19

GRADE 8

Basic

(134)
explain the importance of the rule of law. They should be able to point out ways in

which ideals expressed in the nation’s core documents differ from reality and identify

ways in which these differences continue to be addressed. They should be able to

explain how and why legislative, executive, and judicial powers are separate,

shared, and limited in the American constitutional government, and they should understand how and why powers are divided and shared between the national and state

governments. They should be able to discuss ways that citizens can use the political

process to influence government. These students should be able to provide simple

interpretations of non-text-based information, like maps, charts, tables, graphs, and

cartoons. Finally, these students should be able to describe events in the United States

that have influenced other nations, as well as events in other nations that have affected American policy.

Eighth-grade students performing at the Advanced level should have a developed

understanding of how civil society helps to maintain limited government and why the

rule of law is important. These students should have a clear understanding of issues

in which democratic values are in conflict and of past efforts to address the discrepancies between American ideals and reality. They should understand how citizens

can monitor and influence government and how responsible citizens support democracy. They should recognize the impact of American democracy on other countries,

as well as other countries’ impact on American politics and society.

Eighth-grade students performing at the Advanced level should have a developed

understanding of why civil society plays a key role in maintaining a limited government and the importance of the rule of law in civil society and government. These

students should be able to take positions on issues in which fundamental values are

in conflict (liberty and equality, individual rights and the common good, and majority

rule and minority rights, for example) and they should be able to defend their positions. They should be able to evaluate results of past efforts to address discrepancies

between American ideals and national reality and to explain how citizens can monitor and influence local, state, and national government. These students should understand how laws can achieve purposes of American constitutional government, such

as promoting the common good and protecting rights of individuals. They should

understand how civic dispositions such as civility, tolerance, and respect for law promote the healthy functioning of American constitutional democracy. Finally, these students should understand the impact of American democracy on other countries, as

well as the impact of other countries on American politics and society.

Advanced

(213)

CIVICS 9
dents should be able to explain ways that political parties, interest groups, and the

media contribute to elections, and they should be able to point out sources of infor

mation about public policy issues. They should understand that both power and rig

must be limited in a free society. They should be able to identify those traits that

make people responsible citizens, and they should be able to describe forms of po

ical participation available in a democracy and recognize reasons that such partic

pation is important. These students should be able to provide simple interpretations 

non-text-based information, like maps, charts, tables, graphs, and cartoons. Finally

they should be familiar with international issues that affect the United States.

Twelfth-grade students performing at the Proficient level should have a good understanding of how constitutions can limit the power of government and support the rule

of law. They should be able to describe similarities and differences among constituti

al systems of government, and they should be able to explain fundamental America

democratic values, their applications, and their contribution to expanding political p

ticipation. They should understand the structure of American government and be abl

to evaluate activities of political parties, interest groups, and media in public affairs.

They should be able to explain the importance of political participation, public service, and political leadership. They should be able to describe major elements of Am

ican foreign policy and the performance of major international organizations.

Twelfth-grade students performing at the Proficient level should have a good understanding of how constitutions can limit the power of government and support the ru

of law. They should be able to distinguish between parliamentary systems of gover

ment and those based on separate and shared powers, and they should be able to

describe the structure and functions of American government. These students should

be able to identify issues in which fundamental democratic values and principles ar

in conflict—liberty and equality, individual rights and the common good, and majo

rule and minority rights, for example—and they should be able to take and defend

positions on these issues. They should be able to evaluate ways that law protects in

vidual rights and promotes the common good in American society. They should un

derstand how the application of fundamental principles of American constitutiona

democracy has expanded participation in public life, and they should be able to

explain how citizens can work individually and collectively to monitor and influence

public policy. These students should understand the importance and means of partic

pation in political life at the national, state, and local levels. They should be able to

evaluate contributions made by political parties, interest groups, and the media to t

development of public policy, and they should be able to explain how public servic

and political leadership contribute to American democracy. They should understand

how American foreign policy is made and carried out, and they should be able to

evaluate the performance of major international organizations. Finally, these student

should be able to discuss reasons for and consequences of conflicts that arise when

international disputes cannot be resolved peacefully.

10 NAEP ACHIEVEMENT LEVELS 1992–19

Proficient

(174)
CIVICS 11

with those based on separate and shared powers. These students should be able

to explain how the structure of American government and the nation’s social and

political cultures serve one another. They should know which level and agency of

government to contact to express their opinions or influence public policy. They

should be able to explain and evaluate past and present individual and collective

political actions aimed at narrowing the gap between American ideals and national reality. They should understand how elections help determine public policies,

and they should be able to evaluate public policy issues in which fundamental values and principles are in conflict—liberty and equality, individual rights and the

common good, and majority rule and minority rights, for example. These students

should be able to evaluate the validity and emotional appeal of past and present

political communication. They should be able to explain how civic dispositions

such as civility, tolerance, and respect for law are important for preserving democracy, and they should be able to evaluate the many forms of participation in public

affairs. Finally, they should be able to explain how American foreign policy is

made and carried out and evaluate its consequences.
12 NAEP ACHIEVEMENT LEVELS 1992–19

item. These probabilities are, in fact, averages of performance within each achievement level. Some students who

score within the Basic range of achievement, for example, will answer a specific multiple choice item correctly and

some will not. Furthermore, student performance within the Basic range of achievement may be very near the lower

boundary, around the middle, or very near the upper boundary, that is, approaching the Proficient level of achievement. The probabilities reported here are weighted averages to represent performance across the range, with more

weight given to scores in the middle of the achievement ranges.

Here is a suggested way to read the data for multiple choice items: “Students performing in the (Basic/Proficient/

Advanced) score range have (X) probability of answering this item correctly.”

For constructed response items, here is a suggested way to read the data: “Students performing in the (Basic/Proficie

Advanced) score range have (X) probability of giving a response scored at the indicated level (1, 2, 3, etc.) for this

sample item.”

Probability of correct respon

Basic 84%

Proficient 98%

Advanced 100%

Grade 4 Sample 2—Basic Performance 

Probability of correct respon

Basic 68%

Proficient 89%

Advanced 100%

I pledge allegiance to the flag of the United States of America, and to

the republic for which it stands, one nation under God, indivisible, with

liberty and justice for all.

What does the sentence “I pledge allegiance to the flag” mean? 

A I promise to be loyal to the ideals of the United States.

B I promise to salute the flag when I see it in parades. 

C I promise to join the army of the United States. 

D I promise to like all the laws of the United States. 

Who has the right to vote in the United States? 

A Citizens of other countries who are visiting the United States 

B Everybody in the United States who reads English 

C Everyone who has taken a course in United States government 

D Citizens of the United States who are at least 18 years old 

Grade 4 Sample 1—Basic Performance 
CIVICS 13

Grade 4 Sample 4—Proficient Performance 

Ben sees another sign on the door of the movie theater. It says:

Is this an example of a rule or a law? Fill in the oval of your answer

below and tell your reasons for choosing the answer you did.

RULE LAW

I chose that answer because

No Food Or Drinks

May Be Brought In

From The Outside

Probability of a score of 1

Basic 37%

Proficient 62%

Advanced 84%

Scoring guide

2= Complete: “Rule” is marked and

response shows an understanding

that governments (legislatures)

make laws, while in this example

the theater owner or manager

simply decided not to allow food

or drinks in the theater.

1= Partial: “Rule” is marked and

response explains that the rule is

specific only to this theater, OR

that this is not the case at other

theaters, OR that laws must be

obeyed by everyone.

0= Unacceptable: “Law” is marked,

OR “Rule” is marked, but explanation is weak (e.g., “A law is

more serious”) or absent. 
14 NAEP ACHIEVEMENT LEVELS 1992–19

Grade 4 Sample 6—Advanced Performance 

Scott wants to be a police officer when he grows up. He says the

police get to wear fancy uniforms with badges, use handcuffs, and

drive cars as fast as they want. What is wrong with Scott’s ideas about

why he wants to be a police officer?

Think about the things police officers do in their work. What are two

good reasons to be a police officer?

1.

2.

Probability of a score of 3

Basic 24%

Proficient 44%

Advanced 64%

Scoring guide

3= Complete: Gives a valid explanat

of the flaws in Scott’s ideas abo

police officers and offers two imp

tant things that police officers do

2= Acceptable: Identifies what is

wrong with Scott’s ideas about

being a police officer and offers

one good reason for being a pol

officer, OR does not identify wha

is wrong with Scott’s ideas, but

offers two good reasons for bein

a police officer.

1= Partial: Offers one good reason

for being an officer but no expl

nation of the problems with

Scott’s ideas, OR correctly ident

fies what is wrong with Scott’s

ideas, but offers no good reaso

for being a police officer.

0 = Unacceptable: Does not recogni

that Scott’s reasons are superfic

or untrue and does not give go

reasons (or gives superficial rea

sons) for being a police officer.
CIVICS 15

Owner, nor in time of war, but in a manner to be prescribed by law. 

AMENDMENT 4. SEARCHES AND SEIZURES 

The right of the people to be secure in their persons, houses, papers, and effects, against

unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but

upon probable cause, supported by Oath or affirmation, and particularly describing the

place to be searched, and the persons or things to be seized. 

AMENDMENT 5. GRAND JURIES, DOUBLE JEOPARDY, SELF-INCRIMINATION, DUE

PROCESS, EMINENT DOMAIN 

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a

presentment or indictment of a Grand Jury, except in cases arising in the land or naval

forces, or in the Militia, when in actual service in time of War or public danger; nor shall

any person be subject for the same offense to be twice put in jeopardy of life or limb; nor

shall be compelled in any criminal case to be a witness against himself, nor be deprived of

life, liberty, or property, without due process of law; nor shall private property be taken for

public use, without just compensation. 

AMENDMENT 6. CRIMINAL COURT PROCEDURES 

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an

impartial jury of the State and district wherein the crime shall have been committed, which district

shall have been previously ascertained by law, and to be informed of the nature and cause of the

accusation; to be confronted with the witnesses against him; to have compulsory process for

obtaining witnesses in his favor, and to have the assistance of counsel for his defense. 

AMENDMENT 7. TRIAL BY JURY IN COMMON-LAW CASES 

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of

trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in

any Court of the United States, than according to the rules of the common law. 

AMENDMENT 8. BAILS, FINES, AND PUNISHMENT

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual

punishments inflicted. 

AMENDMENT 9. RIGHTS RETAINED BY THE PEOPLE 

The enumeration in the Constitution, of certain rights, shall not be construed to deny or

disparage others retained by the people. 

AMENDMENT 10. RIGHTS RESERVED TO THE STATES

The powers not delegated to the United States by the Constitution, nor prohibited by it to the

States, are reserved to the States respectively, or to the people.

According to the Bill of Rights, what is true about the rights described in

the Constitution? 

A People have no guaranteed rights other than those listed in the Bill

of Rights. 

B Rights not listed in the Bill of Rights are not recognized in the United

States. 

C The federal government, but not state governments, can interfere

with the people’s rights. 

D The fact that only some rights are listed does not mean that the

people have no others. 
16 NAEP ACHIEVEMENT LEVELS 1992–19

py gg, , 

c/o Writers House, Inc. as agent for the proprietor. Copyright 1963 by Martin

Luther King, Jr., renewed 1991 by Coretta Scott King.

What response to an unjust law is most consistent with the ideas of

Martin Luther King, Jr.? 

A Leaving the country rather than obeying the law 

B Engaging the police in open battle 

C Urging people to carry guns to protect themselves 

D Taking part in peaceful demonstrations and boycotts

Grade 8 Sample 3—Proficient Performance 

Probability of correct respon

Basic 44%

Proficient 74%

Advanced 92%

What is the main message of the cartoon above? 

A Even though members of Congress say that they want to protect 

the environment, they drive big, gas-guzzling cars. 

B Well-funded special interest groups have privileged access to

Congress.

C Labor and business agree on which policies Congress should

follow. 

D People with money play no role in the political process.

©1976, The Commercial Appeal, Memphis,

TN 38103. Used with permission. Notice:

This cartoon may not be copied, downloaded, or reproduced in any form or medium

without express, written permission from The

Commercial Appeal.
CIVICS 17

which the United States Constitution limits government.

0= Unacceptable: Does not correctly

describe any ways in which the

United States Constitution limits

government.

Grade 8 Sample 5—Advanced Performance 

Give two specific examples of how the United States Constitution limits

the power of the government.

1.

2.

Probability of a score of 2

Basic 9%

Proficient 33%

Advanced 66%

Scoring guide

2= Complete: Describes two ways in

which the United States Constitution limits government.

1= Partial: Describes one way in

which the United States Constitution limits government.

0= Unacceptable: Does not correctly

describe any ways in which the

United States Constitution limits

government.
18 NAEP ACHIEVEMENT LEVELS 1992–19

py gg, , 

c/o Writers House, Inc. as agent for the proprietor. Copyright 1963 by Martin

Luther King, Jr., renewed 1991 by Coretta Scott King.

Dr. King believed that “one has a moral responsibility to disobey unjust

laws” through acts of civil disobedience.

Give one argument in support of Dr. King’s position.

What are possible negative consequences of people using civil

disobedience to challenge the law? Give one example.

the law through civil disobedien

1= Partial: Gives an argument eithe

for Dr. King’s position, OR expla

one possible negative consequen

of opposing the law through civ

disobedience, OR gives weak or

incomplete arguments for both

parts of the question (e.g., “Un

just laws are bad for society”).

0= Unacceptable: Gives no valid arg

ments (e.g., “All laws are unjust
CIVICS 19

2.

1= Partial: Names one appropriate

factor besides political party identification that influences voter

preference.

0= Unacceptable: Does not name any

important factors besides political

party identification that influence

voter preference (e.g., “candidate

has a nice voice”), OR offers

inappropriate factors (e.g., “I had

a bad day”). 
20 NAEP ACHIEVEMENT LEVELS 1992–19

as to their status and community that may affect their hearts and

minds in a way unlikely to ever be undone.... Whatever may have

been the extent of psychological knowledge at the time of Plessy v.

Ferguson, this finding is amply supported by modern authority. Any

language in Plessy v. Ferguson contrary to this finding is rejected. 

We conclude that in the field of public education, the doctrine of

separate but equal has no place. Separate educational facilities

are inherently unequal.

How did the decision affect the relationship between the federal

government and state and local governments? 

A The federal government exerted greater influence in a policy area

that had been dominated by states and municipalities.

B The federal government began directly determining what would be

taught in public classrooms. 

C State governments were restricted in their ability to mandate the

teaching of religion in public schools. 

D State and local governments became less dependent on federal

funding for education.
CIVICS 21

in this area.

1= Partial: Identifies an area in which

state governments affect citizens

but does not say how citizens affect the government, OR addresses both parts of the question,

but is vague or incomplete (e.g.,

“state governments can pass

laws, but citizens can say they

don’t like them”).

0= Unacceptable: Does not give an

appropriate description for either

part of the question—for example, describes a federal instead of

a state function.
22 NAEP ACHIEVEMENT LEVELS 1992–19

The state government would be most likely to become involved in the

decision about where to locate the landfill if developers tried to put the

landfill on a site that 

A was near an army base within the state 

B created conflicts among the citizens of the town 

C was near a town park 

D was likely to affect agriculture in other counties in the state 

Reservoir

School

Zone

Main Street

Residential

Zone

Undeveloped

Land

4-Lane County Road

Factories

II IV

B

C

I. Industrial

II. Residential/light industry

III. Residential–high occupancy/multifamily houses allowed

IV. Residential–minimum 1-acre lots
CIVICS 23

each of the other sites. 

1= Partial: Identifies site A or C but

gives a weak or vague explanation as to why it is the most likel

to be chosen, for example, “Site

C is the least dangerous.”

0= Unacceptable: Identifies site A or

C but does not explain why it is

most likely to be chosen. Site B i

NOT an acceptable site choice.

Grade 12 Sample 6—Advanced Performance 

Explain two ways that democratic society benefits from citizens actively

participating in the political process.

1.

2.

Probability of a score of 2

Basic 5%

Proficient 21%

Advanced 54%

Scoring guide

2= Complete: Describes two ways in

which society as a whole benefits

from citizen involvement. Emphas

is placed on the benefits to society

rather than to an individual. 

1= Partial: Describes one salutary

effect. The other description, if

present, is either trivial or is from

the point of view of how citizen

participation benefits individuals

rather than society.

0= Unacceptable: Does not describe

any of the salutary effects of

citizen involvement in politics.
24 NAEP ACHIEVEMENT LEVELS 1992–19

Advanced Proficient Basic

0 10 20 30 40 50 60 70 80 90 100

At or

Above

Basic

Above

Proficient

46%

Basic

Basic

20%

Proficient 30%

Below

Basic

48%

Basic

2% Advanced

Exhibit 4. 1998 Civics NAEP, 

Grade 8: Percentage of Studen

Within Each Achievement Leve

Exhibit 3. 1998 Civics NAEP, Grade 8: 

Percentage of Students At or Above 

Each Achievement Level 

Percentage

Advanced Proficient Basic

0 10 20 30 40 50 60 70 80 90 100

At or

Above

Basic

At or

Above

Proficient

At or

Above

Advanced

Percentage
CIVICS 25

White Black Hispanic Asian/Pacific Islander American Indian National percentage

0 10 20 30 40 50 60 70 80 90 10

At or

Above

Basic

At or

Above

Proficient

At or

Above

Advanced*

Percentage

Advanced Proficient Basic

0 10 20 30 40 50 60 70 80 90 100

Above

Basic

Percentage

Exhibit 7. 1998 Civics NAEP, Grade 4: Percentage of Students At or Above 

Each Achievement Level by Race/Ethnicity

*Zero percent of Hispanic and American Indian students scored at or above Advanced.
26 NAEP ACHIEVEMENT LEVELS 1992–19

0 10 20 30 40 50 60 70 80 90 1

At or

Above

Basic

Percentage

0 10 20 30 40 50 60 70 80 90 1

At or

Above

Basic

At or

Above

Proficient

At or

Above

Advanced

Percentage

Exhibit 9. 1998 Civics NAEP, Grade 12: Percentage of Students At or Above 

Each Achievement Level by Race/Ethnicity

White Black Hispanic Asian/Pacific Islander American Indian National percentage

White Black Hispanic Asian/Pacific Islander American Indian National percentage

*Zero percent of Hispanic and American Indian students scored at or above Advanced.