News and Features
Democrats and Republicans alike are claiming the education bill as a victory. The national testing plan--mandating annual tests in grades three through eight, plus one in high school--is a significant departure from the past. As right-wing pundit Chester Finn once observed, liberals have traditionally hated the word "testing" and conservatives have hated the word "national." But old principles gave way to current political imperatives. Democrats seized on words like "accountability" and Republicans armed themselves with "compassion."
The bill is not, however, a victory for children in public schools, particularly those from disadvantaged backgrounds. The Harvard Civil Rights Project has shown that poor and minority children are hurt the most by an excessive reliance on high-stakes testing--in which performance on standardized tests determines promotion to the next grade, graduation or even the survival of the school. High-stakes tests are associated with high dropout rates, an escalating problem among African-American boys. Exams alone don't motivate struggling students and can even have the opposite effect, according to a Boston College study.
What students need are tests that truly measure how well schools are teaching basic skills, accompanied by constructive responses to weak points--tutoring, after-school programs that go beyond remediation, summer school (when necessary) that does more than rehash the year's curriculum and, above all, expertly trained, decently paid teachers for all our schools, especially those serving a high concentration of poor students. The education bill emerging from Congress guarantees none of those things. Instead, failing schools receive as little as one year of technical assistance, and students get tutoring and transportation subsidies to attend another school; within five years the failing school could face total "reconstitution," meaning the staff would be fired.
A critical difference between the House and Senate bills is the method of measuring school success. The House would require schools to break out test scores by race, exposing schools where well-off white students are thriving while minority kids are stuck in the low-performing track (the "soft bigotry of low expectations" that Bush is fond of lamenting); the Senate lets schools average their test scores, masking any racial achievement gap. Bush is under intense pressure from the Republican-dominated National Governors Association--conservative governors fear having to pour resources into schools revealed to be neglecting their minority students--to support the Senate's version on this point.
Ted Kennedy and the other Senate liberals hailing the education bill as a triumph focus on the dollar signs. They can claim that the Senate bill authorizes $33 billion--including more money for teacher training, improving school buildings and programs for disabled and immigrant children--versus Bush's $19 billion and the House's $24 billion. But even the Senate figure falls woefully short, and getting the funds appropriated down the road will entail a messy fight, given the promised tax cuts. That inconvenient fact could spoil the bipartisan fun.
On May 8 twenty-three jubilant, grubby Harvard students left the offices of university president Neil Rudenstine after a twenty-one-day sit-in, the longest in Harvard's history. The students had demanded that the university pay its workers what the City of Cambridge had determined was a living wage--now the minimum for all municipal employees--$10.25 an hour. A university committee had ruled against a similar proposal a year earlier, but this time, after the sit-in drew three weeks of coverage critical of the university in the local and national media, the administrators gave ground, agreeing to reopen serious discussion.
Several commentators pointed out the incongruity of privileged Ivy Leaguers taking up such a blue-collar cause, but what the coverage often missed was that the Harvard sit-in was part of a growing movement on US campuses emerging from a burgeoning alliance between student activists and organized labor.
A significant factor in the Harvard students' victory was the support of local and national unions. The carpenters' local and the Boston office of the progressive, union-backed group Jobs With Justice organized a community march in support of the students. The dining-hall workers' union, itself in the middle of contract negotiations, listed amnesty for the student protesters among its demands and twice held rallies outside the president's office. In the last week of the sit-in, AFL-CIO leaders, including president John Sweeney, staged a 1,500-person rally at Harvard, and AFL-CIO lawyers helped shape the students' final agreement with the administration.
Across the country, according to Jobs With Justice, living-wage campaigns are now active on at least twenty-one college campuses, and those at Wesleyan and the University of Wisconsin/Madison have already claimed victories. Meanwhile, students elsewhere are working on related campus labor issues, like outsourcing, benefits and organizing nonunion workers--not to mention the catalyzing cause of sweatshops.
The AFL-CIO's student outreach program, Union Summer, has played a key role in turning simmering concerns on campus about sweatshops, globalization, the decline in real wages and the growing gap between rich and poor into effective campaigns. Union Summer, which was part of Sweeney's platform when he was campaigning for the AFL-CIO presidency in 1995, gives 200 interns--mostly, but not exclusively, college students--a small stipend and a few days' training in labor history and organizing, and then sends them out for monthlong stints with labor campaigns around the country.
After a month talking with people who work twelve-hour swing shifts and support a family on $6.50 an hour, the students often feel that returning to sheltered college life is no longer an option. "It was a transformative experience for me," says Dan Hennefeld, a Harvard graduate who's now employed by the garment and textile workers union, UNITE, and who attended the first Union Summer in 1996, after his freshman year. "It made me want to be in the labor movement," he says. When Hennefeld got back to Harvard that fall, he helped start a group called the Progressive Student Labor Movement, which became the driving force behind the recent sit-in (three of the organizers were also Union Summer grads).
The nearly 2,000 graduates of Union Summer have played a major role in spreading awareness of labor issues on campus. In addition to those at Harvard, student labor leaders at Duke, Brown, Georgetown and the universities of Tennessee, Connecticut and Wisconsin are all Summer alums. To make room for an increasing number of applicants, the AFL-CIO is offering three specialized, ten-week internships this summer: Seminary Summer for future religious leaders (mostly seminarians, novices and rabbinical students), Law Student Union Summer and International Union Summer, now in its second year, which places a few college students in organizing campaigns in such countries as Egypt, Mexico and Sri Lanka.
During their brief stints the interns are schooled in organizing techniques and tactics. "I'm blown away by how smart and focused the student leaders today are," says Paul Booth, currently assistant to the president of AFSCME and one of the writers of the 1962 Port Huron Statement of the Students for a Democratic Society. And, he adds, they've taken to heart an essential principle of today's campus activism: organizing campaigns around the school itself. Students understand, Booth says, that "they ought to be getting the institutions they relate to to do things that are meaningful."
Says Harvard's Hennefeld, "We realized early on that we wanted to focus on Harvard and the way it fits into labor issues. That potentially made the most sense to students, and it seemed the most effective use of whatever power we had." As on many campuses, this school-focused work quickly centered around their colleges' connection to overseas sweatshops, where underpaid workers turn out the sweatshirts the students wear to advertise their privileged status. These targeted antisweatshop campaigns have so far convinced seventy-eight colleges to join the Workers' Rights Consortium, the strictest of the independent groups that monitor conditions under which university garments are made.
For many antisweat student activists, the transition to campus labor issues seemed only natural. "While we were doing our antisweat work, we talked to a lot of people who said, You've got to look at what's going on here. It would be hypocritical not to," says Becky Maran, one of the leaders of UConn's successful wage campaign. "With the energy and momentum from winning [the antisweatshop] campaign, we felt we had the strength to move on."
Students' domestic labor campaigns have taken a variety of forms. At the universities of Pittsburgh and Utah, student labor groups have latched on to pre-existing citywide living-wage campaigns. At Harvard and Johns Hopkins, located in cities that had already adopted a living wage, student campaigns have focused on pressuring their administrations to adopt the city's wage floor. And at the University of Tennessee, where "right to work" laws make a living wage at best a distant goal, labor campaigns have used the mere idea of a living wage to encourage workers to organize. Recent UT graduate Anna Avato, now an AFL-CIO organizer, says that after a media campaign was launched, "Workers were calling us and saying they wanted a meeting. By the end of the week, we had 150 workers at our first action." Within a year, the UT campus workers had formed an independent union, put an end to forced overtime and, in May, fended off a subcontracting threat.
On many campuses, activism that started as a living-wage struggle has spiraled off in other directions. Harvard students, with their newly strengthened ties to campus labor, are helping out with upcoming contract negotiations and continuing to organize among those janitors and dining hall workers still without a union. At Wesleyan, where a union wage fight for campus janitors was won a year ago, students have spent the past year working with the bus drivers of Middletown public schools to pass a Middletown living-wage ordinance. At Johns Hopkins, where a seventeen-day sit-in in March 2000 convinced the administration to pay its workers a living wage a year earlier than planned, students have been working on a half-dozen campaigns, allying themselves with locals of the Hotel Employees and Restaurant Employees Union (HERE), UNITE, the service employees' union (SEIU) and ACORN, a grassroots organizing group. At UT, with the independent campus workers' union up and running, students have taken a back seat to the workers themselves, helping to recruit new members and keeping up the pressure on the administration.
No matter what economic justice issue these campus efforts focus on, the thread that ties them together is their collaboration with labor. Encouraged by the students' successful campaigns, their enthusiasm and their ability to attract media attention, local and national unions are showing increased interest in working with student groups. UNITE pledged $25,000 to United Students Against Sweatshops to get it started in 1997 and continues to collaborate with USAS on ways to expand antisweat work. Jobs With Justice has joined the progressive United States Students' Association to form the Student Labor Action Project, which advises campus labor campaigns across the country and puts them in touch with local unions. And SEIU is planning an effort to bring young organizers, SEIU staff and student leaders together for discussions about how to reach out to more students.
Campus leaders, for their part, are eager to learn from the organizing experience of their union partners, as well as to get involved in real-world struggles for economic fairness. While such collaborations can be tricky--neither the student movement nor organized labor wants to give up its independence--both students and labor recognize the potential benefits. Dan DiMaggio, a Harvard freshman who participated in the sit-in, says that it "definitely galvanized workers. We went to a union negotiation the other night, and they gave us a standing ovation as they were about to receive their final offer." He adds, "The unions are very receptive to this idea of working together, and if the unions work together, that's pretty serious. If the unions and the students work together, that's pretty serious too."
For God, country and the ruling class.
The biggest brand name in for-profit education is floundering.
The March 14 announcement by the Coca-Cola Company that it is scaling back its aggressive marketing strategy in public schools is a clear victory for opponents of schoolhouse commercialism. But it's unlikely that it will do much in the long run to halt the flow of sugary caffeinated drinks into the hands of schoolchildren. According to one soft-drink-industry insider, Coke has so little control over its independent bottlers and distributors that it couldn't turn off the school spigot even if it wanted to. "Local bottlers can't afford to turn down the contracts with schools, because they know a competitor will step right in--and Atlanta [Coca-Cola headquarters] knows this too," the industry expert told me. Executives at five large Coca-Cola bottling companies all said in interviews that they would continue to sign exclusive contracts with local schools if the schools still want them.
And want them they do. The sad reality is that public school officials are so thoroughly addicted to the cheap fix of soda money that they've become a chief ally of the soft-drink industry and a driving force behind school commercialization. In Ohio recently, local school officials defied a state order to stop peddling soda and candy to students while breakfast and lunch are being served (a violation of federal law) because it would have cut into their profits. The state is now threatening to withhold federal money from the schools. And in Maryland, school administrators and organizations like the National Association of Secondary School Principals joined forces with the bottlers, the vending machine lobby and companies like Channel One and Frozen to squash a bill aimed at limiting commercialism in Maryland public schools.
The measure--The Captive Audience/Stop Commercialism in Schools Act of 2001--would have required school boards to ban commercial advertising in schools, restrict soda and candy sales and prohibit the purchase of textbooks with commercial logos. "The lobbyists kicked my ass," said Democratic State Senator Paul Pinsky, the measure's chief author. Pinsky noted that his bill went down to defeat one day after Coke's announced policy changes and only after Coke lobbyists had checked back with the home office on how to proceed.
A similar scenario is shaping up in California, where a bill that would effectively ban sales of soda and junk food in state schools is facing opposition from school officials and the California-Nevada Soft Drink Association. Ironically, the measure was drawn up in cooperation with leading child nutrition experts and school nutrition directors, who increasingly find themselves on the opposite side of school-health issues from their bosses.
Through contracts with Coke and Pepsi, some schools are raising as much as $100,000 a year, money that pays for things like band uniforms, field trips, team sports and computer rewiring. But in exchange schools become indentured to the corporations. Typically, the contracts require that schools sell a set quota of soft drinks each year (with cash incentives for selling more). This transforms schools from the status of being mere custodians of vending machines into active sales agents for soda. In Colorado Springs in 1998, for example, school officials sent teachers a letter urging them to allow students to drink Coke in class and suggesting that they keep soda machines on twenty-four hours a day [see Manning, "Students for Sale," September 27, 1999].
There can be no solution to the commercialization of public education until public schools are adequately and equitably funded. The Bush Administration will offer little help. Education Secretary Rod Paige signed a $5 million, five-year contract with Coca-Cola while superintendent of the Houston public schools and has proposed no solutions to the school funding crisis.
Consequently, parents and community activists should encourage local school boards to find other solutions to their budget problems. One obvious solution is higher taxes, an option that school districts are loath to propose. But as Andy Hagelshaw, the director of the Center for Commercial-Free Public Education, points out, none of the approximately 250 exclusive cola contracts in effect nationally pay out more than $10 to $15 extra per pupil per year, less in bigger school districts. Surely, paying $10 a year more in school taxes is a good investment if it helps eliminate corporate hucksters and exploitation in schools. There are other funding alternatives as well, many of which the center helps schools adopt and implement: For example, instead of relying on the soda subsidy, many school districts are negotiating beneficial arrangements with smaller local businesses that contain no advertising or commercialism. Nationally, the Algebra Project, which produces a math curriculum and provides teacher training to urban schools, has accepted corporate underwriters who receive nothing in return except a brief mention in an annual report.
The failure of educators to think critically about the impact of school commercialism on the quality of schools is a terrible ethical lapse. It's time for the education establishment to think twice before it sells out its students to the highest bidder.
Maude Barlow's analysis of the FTAA is available in four languages on the council's website, www.canadians.org.
When fifty of us dashed into Massachusetts Hall on April 18, we had no idea what would follow. The students, faculty members and alumni who began the sit-in at the office of Harvard's president to demand a living wage for all Harvard employees thought we could be dragged off by police or ignored by the community. Instead, we've been amazed by the outpouring of support for our standoff with the oldest university in the country--and the oldest corporation in the Western Hemisphere.
This sit-in embodies the conflict between Harvard as community and Harvard as corporation. On the one hand, Harvard wants to foster "genuinely free and responsible discussion" (as the president wrote in one recent statement criticizing our action). On the other, Harvard pays more than 1,000 workers poverty wages while sitting atop an endowment of almost $20 billion. Janitors, security guards and dining hall workers earn as little as $6.75 an hour and work up to ninety hours a week. Our Living Wage Campaign demands that Harvard implement a minimum $10.25 per hour wage with benefits, the same standard enacted by the Cambridge City Council. Hundreds of Harvard employees work two and even three jobs and still struggle to support their families. As a custodian said, "Look, this is not a matter of working hard--people are already working hard. I've been wearing a custodial uniform now going on twenty years. I always say the only thing we don't have is a number across our backs. They figure they own me like a piece of equipment--like a barrel or a buffing machine."
Five of the six members of the Harvard Corporation, the University's highest governing board, are out-of-state millionaires who jet in for meetings. Robert Stone, chairman of the search committee that selected Lawrence Summers as Harvard's next president, is longtime commodore of the New York Yacht Club. Herbert Winokur is a director of Enron, a destructive global energy giant and George W. Bush's biggest corporate backer. D. Ronald Daniel is the director of McKinsey & Co. (and quite a golf fan, if the portraits of rich sportsmen in his plush office here are any guide). These people have final say over everything at Harvard, from the janitors to the endowment to tenure.
For three years the administration refused any meaningful dialogue or action about a living wage. In fact, since we began the campaign, Harvard has outsourced and cut wages and benefits for hundreds more workers. Because things were getting worse and the administration refused even to talk, a sit-in became necessary. And the community's enthusiasm has been enormous. Our rallies now attract 2,000 people. Almost 400 faculty members endorsed the sit-in in a full-page ad in the Boston Globe. Five US senators and four representatives have pledged their support. Ted Kennedy, former Labor Secretary Robert Reich and AFL-CIO president John Sweeney have all come to the steps of Massachusetts Hall to embrace our cause--that is, the cause of the thousands of workers, faculty, students, clergy and others who insist that Harvard change its attitude. More than a hundred camp outside the occupied building in tents each night in solidarity. To walk away from this building would be to walk away from all these supporters and from all the workers I know who receive poverty wages.
And so, as I write, we have occupied the offices of the president, provost and treasurer of Harvard for about 300 hours. We've been sleeping on their Persian rugs, sitting in their antique chairs and redecorating their walls with our posters (using university-approved poster tacks, of course). We still don't know how this will end, but we already know some of the things that have come of it. Here is what one professor wrote me: "In my ten years at Harvard, I've never seen the university like this--students, workers, faculty so united. Whatever else happens, you guys have accomplished what to me always seemed the impossible, which is to unite this campus across class and racial lines. It's amazing to me, and I'm so proud of you all."
Congress is poised to reauthorize fearmongering "abstinence-only" sex ed.
On March 27, a federal district court struck down the University of Michigan Law School's affirmative action admissions plan, ruling that the school's interest in a diverse student body did not justify using racial preferences. This past December another court in the same district reached the exact opposite result, finding the university's parallel affirmative action program for undergraduates was justified by diversity.
These diametrically opposed rulings on a single university's affirmative action programs perfectly mirror the current division in the nation's courts. Affirmative action, a near-universal practice in universities across the nation, is under serious legal attack. Disappointed white applicants have sued universities in Georgia, Washington and Texas as well as Michigan.
As in Michigan, the lower courts in these cases have divided sharply, so it is only a matter of time before the none-too-hospitable Supreme Court takes up the issue. The main point of disagreement concerns whether diversity is a sufficiently "compelling interest" to justify race-conscious admissions. There is a strong case for diversity-based affirmative action. But another justification, not generally pressed by the universities, offers a more cogent and morally persuasive rationale for affirmative action: society's interest in integration itself.
Since 1978 affirmative action in higher education has rested on the slimmest of reeds--a lone opinion from a Justice who could not attract a single other Justice to his views. In Board of Regents of the University of California v. Bakke, a divided Supreme Court struck down a medical school admissions program that set aside a predetermined number of seats for minority applicants. Four Justices deemed any consideration of race illegal under a federal statute that prohibits discrimination by entities receiving federal funds, while another four concluded that the program was a valid response to broad societal discrimination.
The decisive opinion in the Bakke case was that of Justice Lewis Powell. He voted to invalidate the University of California's program, but he also stated that racial preferences are sometimes permissible, citing with approval Harvard's affirmative action program, in which, in the name of diversity, race was considered as one "plus factor" among many, and all applicants competed for all openings. Harvard's program was not even at issue in the case, but Justice Powell's views about it have guided universities ever since.
Subsequent Supreme Court opinions have appeared to diverge from Justice Powell's analysis. For example, Justice Sandra Day O'Connor, a critical swing vote, explicitly rejected diversity as a justification for an FCC affirmative action program, stating: "Modern equal protection has recognized only one [compelling state] interest: remedying the effects of racial discrimination." The FCC's interest in broadcast diversity, she reasoned, was "simply too amorphous, too insubstantial, and too unrelated to any legitimate basis for employing racial classifications." Her opinion was in dissent, but would probably garner five votes today. In other opinions, however, Justice O'Connor has cited Justice Powell's Bakke opinion with apparent approval.
One thing is certain: The argument for diversity finds virtually universal acceptance in academe. More than 360 higher education institutions signed on to briefs defending the University of Michigan's affirmative action program. And for good reason: In our increasingly diverse society, the ability to communicate and understand across racial lines is an essential part of citizenship, and teaching that skill requires a diverse setting. Not considering race in the diversity mix would effectively penalize minorities by denying them benefits that Iowans, violinists, potential donors' children and synchronized swimmers receive.
The usual response is that the Fourteenth Amendment treats racial classifications differently. But the equal protection clause does not prohibit all consideration of race. In its recent voting rights cases, for example, the Court held that race may be considered as one factor among many in redistricting, as long as it is not the "predominant motive." The redistricting process necessarily considers all sorts of factors as proxies for likely political allegiances, and adding race to the mix does not raise the same concerns as other kinds of race-conscious decision-making. Similarly, the search for diversity necessarily considers many factors as proxies for intellectual and cultural diversity, and race should be permissible as one among many.
Ultimately, however, integration itself may be a stronger justification for affirmative action than diversity. An integrated student body undoubtedly adds to diversity. But so does admitting violinists, and surely there is a stronger argument for admitting African-Americans than violinists. Higher education is one of the few arenas in modern life where racial integration remains a realistic possibility. Despite the demise of Jim Crow, most of us continue to live, work, socialize and worship in effectively segregated settings. College student bodies, by contrast, can be integrated because they are consciously selected and are not predetermined by geography or class. Integration in higher education in turn teaches us that integrated communities are possible, and that living in such communities can break down the deep barriers that continue to divide the races. At the same time, because a college degree is essential to professional success, integration in higher education is necessary to any measure of integration beyond.
The Court and the country have failed to live up to the promise of Brown v. Board of Education. The last thing we should do is turn the Constitution into a barrier to one of the last remaining arenas of true integration in America.
Educators have long known the rap sheet on the SAT, the college entrance exam that millions of young people have taken as a rite of passage for some seventy-five years. Since its inception, the SAT has become among the most scrutinized and controversial of standardized tests. And yet, the exam--and the mental testing culture that has sustained it in the United States--has been remarkably impervious to the attacks on it over the years.
Recently, however, the SAT suffered a body blow when the president of the University of California system proposed dumping the exam. Don't expect colleges and universities to defect from the SAT en masse--it's too deeply entrenched for that. But in announcing his far-reaching proposal in February, UC president Richard Atkinson legitimized open discussion of a heretofore taboo subject for large and selective universities: whether they (and society) would be better off without the test.
Atkinson, an eminent cognitive psychologist, knows well the list of particulars against the exam in question, the so-called SAT I "reasoning test." As the progeny of the first intelligence test commercialized in the United States, the SAT has proven to be a weak predictor of a student's actual performance in the first year of college; after that, its usefulness vanishes completely. Moreover, the SAT has proven to be a vicious sorter of young people by class and race, and even gender--and has served to sustain the very upper-middle-class privilege that many of the exam's supporters claim to oppose. The latest figures from the College Board, the SAT's sponsor, show that a test taker can expect an extra shot of fifteen to fifty points on his or her total SAT I score for every $10,000 that Mom and Dad bring home. Call it the Volvo Effect: a boost that peaks out at the highest levels of family income. Being white, on average, confers an extra 200-point advantage over a black test-taker. Atkinson hopes that replacing the SAT I with the SAT II subject tests will lessen such disparities and more accurately reflect what students study in high school. In fact, scores on both exams are powerfully correlated with each other, and UC's own data show that the SAT II also sorts harshly by class, race and gender. More helpful, Atkinson intends to revamp the entire UC admissions process by requiring campuses to evaluate applicants more comprehensively than under the old numerical formulas, judging a high school student's achievements in light of his or her social and economic circumstances.
The SAT's shortcomings have become especially vivid in recent years, as courts, voters and policy-makers in several states, including the UC Board of Regents in 1995, have ordered public universities to dismantle their affirmative action programs. Post-affirmative action, UC's most selective campuses have seen freshman acceptance rates wane for blacks and Hispanics. Meanwhile, the state's Hispanic population is forecast to skyrocket from about 11 million in 2000 to 18 million over the next two decades. Hispanic high school graduates will surge 74 percent over the next decade, while numbers of white graduates are expected to grow just 2 percent.
In light of these trends, the usual justifications for the SAT's continued dominance as a gatekeeper to UC would no longer wash. Yes, since 1968 the admissions test has been a bureaucratically convenient way to sort and weed large numbers of college aspirants. Yes, UC's relatively high SAT scores made it look good in the test-score fashion show put out by US News & World Report. Yes, the test was a common yardstick. But it was also a crooked one, inflicting enormous social costs.
Of course, there will be complaints that Atkinson's tossing the SAT will lead to the ruination of a great university: As UC opens the floodgates to hordes of the academically unfit, standards will plummet. We've heard it before, as when the University of Texas system enacted its "top 10 percent" law after the 1996 federal appeals court ruling in the Hopwood case, which ordered the state's universities to end their affirmative action programs. Beginning in 1997, any Texas high school senior graduating in the top 10 percent of her class earned automatic admission to Texas public universities--regardless of SAT scores. Did this produce the collapse of a great university? Hardly. At the flagship University of Texas, at Austin, SAT scores of students admitted under the top 10 percent law, as expected, fell markedly compared with their peers from pre-Hopwood days. And yet, their classroom performance actually bettered their pre-Hopwood counterparts (that is, those in the top 10 percent who did meet the SAT threshold), holding steady even in engineering, business and science. To top it off, by 2000, enrollments of Hispanics and African-Americans had been restored to their pre-Hopwood levels.
Ultimately, UC's faculty senate and the Regents could dash Atkinson's hopes for a new era in the university's approach to college admissions. Nevertheless, he has accomplished something of unquantifiable benefit by helping to pry open a badly needed debate about the meaning of merit in American higher education. Will we be a nation that judges young people based on what they have accomplished and what they've overcome to do so, or by how well they fill in bubbles on a standardized test that is itself of questionable merit?