Minorities' high failure rates on the tests are prompting investigations. To adopt a high-stakes policy like this in a society with as unequal schooling opportunities as we have, without knowing the results in any serious way is reckless. In fact, most states don't yet report the results of high-stakes tests by race or ethnic group. But as the data come out, bad news is spurring legal action. In response to complaints from minority parents, the US Department of Education is investigating high-stakes testing programs in Chicago and North Carolina.
Activists say that lawsuits are likely in that state.
In Decatur, Ill., the Rev. Jesse Jackson protested the expulsion of seven African-American students for brawling at a school football game. The issue in all these protests is whether it's right for kids to bear the consequences of poor performance before the schools genuinely provide equal opportunity for education to all students. Minority Kids often get poor teachers. But we've known about these gaps for a long time. In Chicago, civil rights activists are filing freedom of information requests to break out the results of testing by race.