The tests we use to evaluate student achievement may well be sound measures of what students know, but they are faulty indicators at best of how well they have been taught. A remedy to this this situation of judging teachers by the performance of their students on high-stakes tests may be in hand already. We should look to the methods successfully…

This paper discusses how to determine whether a test was developed in a legally defensible manner, reviewing general issues, specific cases bearing on different types of test use, some evaluative dimensions, and evidence of test quality. Tests constructed and used according to existing standards will generally stand legal scrutiny. (SLD)