SAN ANTONIO (AP) -- A federal judge upheld Texas' high school
graduation test Friday, rejecting claims that the exam
discriminates against blacks and Hispanics.
In a ruling that could affect high school exit exams across the
country, U.S. District Judge Edward C. Prado said that while more
minorities fail the test, there is no proof that flaws in it are
responsible.
He also ruled that the state is using the test to identify and
fix disparities in education for whites and minorities.
``The system is not perfect, but the court cannot say that it is
unconstitutional,'' Prado wrote.
Texas is one of 19 states that require high school students to
pass an exit test before graduation. Texas began its exam in 1990,
and it is at the heart of the state's education accountability
system often cited by Gov. George W. Bush in his GOP presidential
bid. Bush took office in 1995.
``I'm really pleased. The federal court made the right decision
in confirming our strong accountability system,'' Bush said while
campaigning in Columbia, S.C.
The Texas exam, which measures reading, writing and math
proficiency, is first given to high school students in 10th grade.
If they do not pass, they have at least seven more chances to take
it before graduation and may continue to attempt it after
completing all their class work.
Last spring, 60 percent of black sophomores, 64 percent of
Hispanic sophomores and 86 percent of white sophomores passed the
test.
The test was challenged by two Hispanic rights groups and
several minority students who claimed they were harmed by the test.
They alleged that 20 percent of Hispanics and blacks end up failing
on all of their attempts, compared with 10 percent of white
students.
The plaintiffs were considering an appeal, said their lead
attorney, Al Kauffman. ``Minority students are the ones left
holding the bag after this opinion,'' he said.
One black plaintiff, Rhonda Boozer, 25, of Fort Worth, testified
that she completed her high school class work and hoped to go to
college. Ms. Boozer said she ended up working as an assistant in a
nursing home after failing portions of the test five times and not
being allowed to graduate.
``I'm good at doing the work in class,'' she said, ``but when it
comes to tests, I'm not that good at testing.''
The plaintiffs sought to ban the standardized test as a
requirement for a diploma. They did not object to letting schools
use the test to monitor students' progress.
The plaintiffs alleged the standardized test discriminates
because of the way it is put together and because schools attended
mostly by minorities tend to be in poor, low-performing districts
that don't offer an equal opportunity to learn.
Lawyers for the state contended that the exam is valid and that
it contributes to student achievement. The state argued there were
other societal reasons for differences in failure rates and said
the failure gap between minorities and whites is closing.
