CBEST Test Upheld Again by Appeals Court

For the second time, a federal appeals court Monday upheld the legality of a test that California teachers are required to pass, despite allegations that it is racially discriminatory.

First-time passage rates for the CBEST, which is mandatory for people trying to qualify as teachers in the state, are twice as high for white applicants as for blacks.

The California Basic Educational Skills Test has been required by state law for teaching, counseling and administrative credentialing for public schools since 1983.

Organizations of Mexican American, black and Asian educators argued that there was no proven connection between CBEST and teaching skills, and that teachers should be judged on their classroom performance.

In a 7-4 ruling, the U.S. 9th Circuit Court of Appeals found that the CBEST was a valid measure of job-related skills despite a disproportionate number of minorities failing to pass it.

“The CBEST is intended to establish only a minimum level of competence,” Judge Susan Graber wrote.

Last year, a three-judge panel of the same circuit court upheld the test’s usage. But a majority of the circuit’s judges voted in March to rehear the case with 11 judges.