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STAAR test lawsuit survives motion to dismiss

On to trial.

After a group of parents sued the Texas Education Agency over the 2016 administration of STAAR exams, state lawyers argued this summer that the parents had no standing and asked the courts to drop the case.

This week, the first day of school for many Texas children, Travis County District Court Judge Stephen Yelenosky denied their request in a one-page order with no further explanation.

The decision, which comes after a recent hearing, means the lawsuit brought by parents from Houston, Wimberley, Austin and Orangefield — whose children were in the third, fifth and eighth grades last school year — will be able to proceed.


Education Commissioner Mike Morath, listed as the primary defendant in the suit, threw out all grade promotion consequences for fifth- and eighth-graders this year because of score delays under a new testing vendor, the filings note. They also say that students could have been advanced to the next grade by a graduation committee regardless of Morath’s decision, and that there are no such consequences for third-graders. The filing also says there is “no allegation any of the plaintiffs failed or were specifically harmed by the allegedly noncompliant test — or even that the length of the test affected the child’s performance in any way.”

But the parents would like to see all scores thrown out. Their lawyer Austin-area lawyer, Scott Placek, who hailed Monday’s decision as a “big victory,” said they will keep fighting until that happens.

“The judge said without qualifications they have the right to be there and they have the right to have their case heard and so we’re in the position now where the case can really go forward,” he said. “I think we’ll look to move the discovery expeditiously and get to trial as quickly as we can because kids are being impacted already as they head back to school.”

See here and here for the background, and here for a copy of the judge’s order. The plaintiffs’ crowdfunded group The Committee to Stop STAAR has two posts on its webpage concerning TEA reports that they say show the STAAR test was not administered in compliance with the law. This ought to get very interesting.

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