Although the RCTs are no longer used to measure readiness to
graduate, this fact alone does not disqualify them as a measure
of whether students have received a sound basic education.
Nevertheless, as both parties agree, the RCTs assess
achievement at only an eighth or ninth grade level in reading and
a sixth-to-eighth grade level in math. Thus, while passing the
RCTs may show that students have received a sound basic
education as defined by the Appellate Division, it does not prove
that they have received a meaningful high school education, as
the trial court concluded (187 Misc 2d at 61).
Additionally, according to the 655 Report for 1999, City students
who took the RCTs in 1997-98 actually passed at a much lower
rate than 90 percent; 51 percent passed in math and 72 percent
in English. The Report explains that City schools had adopted a
new policy of administering the examinations to ninth rather than
11th graders, and this may account for some of the difference.
Since the exams are a diagnostic tool for measuring skills taught
in middle school, these results, at most, cast doubt on the results
middle schools accomplish, rather than proving that students
have received a meaningful high school education. Further, the
1997-98 11th grade class with the 90 percent qualification rates
consisted of only about 40,000 students, compared to a 9th
grade enrollment of over 90,000.
Thus the State's RCT passage rates -- aside from proving nothing
about high school achievement -- would surely be lower, but for
the alarming number of students who fall behind or drop out and
so do not take the exam. This fact illustrates the need to be
cautious in relying on test results, a point we made in CFE even
as we recognized that such results have some value (86 2 at
317). The trial court properly exercised such caution in its
discussion of test results, noting that the failure of many students
to be promoted diminishes the value of evidence that students
test at grade level (187 Misc 2d at 67).
Apart from the RCTs, the State relies on results from an
assortment of commercially-available nationally-normed reading
and math tests administered to children in City elementary
schools, notably the CTB-Reading (CTB-R) and California
Achievement Test (CAT). As the State points out, just under half
of all City schoolchildren score at or above the 50th percentile in
reading, and a larger number do so in math. Plaintiffs counter
that these exams are "norm-referenced" -- they present
information only on how students perform relative to other
students -- in contrast to "criterion-referenced" exams, which are
informative about how students master content they are
expected to know at a given level. Further, plaintiffs argue that