We know that there are examples to prove that these are not mutually exclusive sets. The fact that the Legislature makes a distinction for the professor whose first language is not English shows that there is no concern for the professor whose first language is English. This point could show an intent of discrimination based on national origin since it can be argued that a professor whose first language is English might not be able to present material clearly in a lecture class. The University of Arkansas at Little Rock, as well as all other state institutions of higher education, needs to provide a performance appraisal system, or evaluation review, to the State Board of Higher Education for approval, prior to implementation. The State Department of Higher Education is responsible for monitoring the evaluation process and shall report its findings to the State Board each biennium.
Debate continues over the validity of using standardized tests to measure oral proficiency.
It can therefore be concluded that a structured test, such as the TSE, is not appropriate to meet the legislative requirements for UALR, nor is it necessary for the students' needs or for the faculty's morale. A serious consideration is the fact that the Arkansas Legislature has put the fluency evaluation of the faculty only in the hands, and ears, of the students. There are a variety of reasons why this is problematic. Some typical reasons include the fact that students might not like the instructor personally or might not feel they are getting high enough grades. In the case of foreign instructors, especially those with accents, the reasons could be more subtle or possibly even subconscious.