R38PITFALLS AND BIAS<strong>and</strong> had to repeat <strong>the</strong> fourth grade. During <strong>the</strong> next school year he was bullied <strong>and</strong> teased for having gone to a“special school,” <strong>and</strong> his mo<strong>the</strong>r eventually transferred him to a primary school attended almost exclusively by<strong>Romani</strong> children. There is no legal mechanism or procedure for re-assessing pupils to determine if <strong>the</strong>ir placementshould be reconsidered or changed. Only if <strong>the</strong>re is a “significant change in special educational needs,” which isleft undefined, will <strong>the</strong>re be a reassessment or review <strong>of</strong> a pupil’s placement (Decree 73/2005 §9.3) <strong>and</strong> this reexaminationmust be requested by <strong>the</strong> child’s parent or legal guardian.TESTS USED FOR ASSESSING SCHOOL READINESS AND ABILITYThe methods <strong>of</strong> assessment by which <strong>Romani</strong> pupils were placed into special schools was one <strong>of</strong> <strong>the</strong> considerations<strong>of</strong> <strong>the</strong> European Court <strong>of</strong> Human Rights in <strong>the</strong>ir judgment against <strong>the</strong> Czech Republic in <strong>the</strong> case <strong>of</strong> D.H. <strong>and</strong>O<strong>the</strong>rs v. Czech Republic. The decision cited observations by <strong>the</strong> International Step by Step Association, <strong>the</strong> RomaEducation Fund, <strong>and</strong> <strong>the</strong> European Early Childhood <strong>Research</strong> Association, <strong>and</strong> concluded that language <strong>and</strong> culture,prior learning experiences, or lack <strong>of</strong> familiarity with testing situations were not considered in <strong>the</strong> assessment<strong>of</strong> <strong>Romani</strong> children in this case. The court also cited <strong>the</strong> fact that “[t]esting was done in a single administration,not over time. Evidence was not obtained in realistic or au<strong>the</strong>ntic settings where children could demonstrate<strong>the</strong>ir skills. Undue emphasis was placed on individually administered, st<strong>and</strong>ardized tests normed on o<strong>the</strong>r populations”(paragraph 44). An example <strong>of</strong> <strong>the</strong> bias that is inherent in psychological tests, <strong>of</strong> not taking into account <strong>the</strong>ways that children experience <strong>the</strong> world, is recounted by Bedard (2008, 30) where a psychologist asked a <strong>Romani</strong>girl where her mo<strong>the</strong>r goes to buy bread <strong>and</strong> <strong>the</strong> girl replied, “To <strong>the</strong> Vietnamese guy’s place.” Even though <strong>the</strong>owner <strong>of</strong> <strong>the</strong> bakery where her mo<strong>the</strong>r shopped was in fact Vietnamese, <strong>the</strong> psychologist told <strong>the</strong> mo<strong>the</strong>r that<strong>the</strong> answer was incorrect, that she should have replied, “To <strong>the</strong> bakery.” Bedard (2008) also provides anecdotalevidence that psychological examinations <strong>of</strong> <strong>Romani</strong> children tend to last between 15-30 minutes, far less than<strong>the</strong> time it would take to conduct a thorough examination, collecting multiple data points through observations,interviews, <strong>and</strong> family histories in making a determination <strong>of</strong> disability status or a recommendation <strong>of</strong> placementto special schools.In an report commissioned by <strong>the</strong> government on <strong>the</strong> analysis <strong>of</strong> diagnostic tools used with children from sociallydisadvantaged backgrounds, including <strong>Romani</strong> children, Valenta <strong>and</strong> colleagues (2009) quote <strong>the</strong> Report <strong>of</strong> <strong>the</strong>Government on General Measures Exercising <strong>the</strong> Judgments <strong>of</strong> <strong>the</strong> ECHR (Government Resolution No. 303 <strong>of</strong> 16 March2006), where <strong>the</strong> government states that it will take corrective measures <strong>and</strong> conduct an analysis <strong>of</strong> assessmentsused to diagnose intellectual ability <strong>of</strong> children that are used by Educational <strong>and</strong> Psychological Counseling <strong>and</strong>Special Educational Centers. Thus, <strong>the</strong> study was charged with collecting data on <strong>the</strong> validity <strong>of</strong> <strong>the</strong> assessmentswith <strong>Romani</strong> children who are at risk <strong>of</strong> being or who are socially excluded, including <strong>the</strong> methods by whichpsychological <strong>and</strong> counseling workers test children from diverse backgrounds <strong>and</strong> factors that can influence <strong>the</strong>test results, with <strong>the</strong> goal <strong>of</strong> improving <strong>the</strong> quality <strong>and</strong> cultural relevance <strong>of</strong> diagnostic tools <strong>and</strong> <strong>the</strong> interpretations
R39<strong>of</strong> <strong>the</strong> results (6). The analysis provided an overview <strong>of</strong> <strong>the</strong> tests most commonly used in <strong>the</strong> Czech Republic <strong>and</strong>attempted to address whe<strong>the</strong>r or not <strong>the</strong>se diagnostic instruments were sufficiently culturally “neutral” for pupilsfrom socially disadvantaged backgrounds (Valenta et al. 2009, 72). The analysis found that <strong>the</strong>se instruments infact “can be considered valid, when used in <strong>the</strong> procedure lege artis (qualified use, experience, dynamism, complexity,sensitivity, etc.)” (72). While tests might be considered neutral, test scores can be rendered unreliable <strong>and</strong> invalidfor reasons such as not following test protocol, administering <strong>the</strong> test in linguistically <strong>and</strong> culturally inappropriateways, language skills <strong>of</strong> examinee, <strong>the</strong> child’s rapport with <strong>the</strong> examiner, <strong>and</strong> bias on <strong>the</strong> part <strong>of</strong> <strong>the</strong> examiner.Therefore, <strong>the</strong> authors recommend that <strong>the</strong> government identify, st<strong>and</strong>ardize, <strong>and</strong> ensure <strong>the</strong> use <strong>of</strong> st<strong>and</strong>ardtest protocols <strong>and</strong> procedures in administering, scoring, interpreting, <strong>and</strong> diagnosing children from culturally <strong>and</strong>linguistically diverse groups in School Advisory Facilities, with an emphasis on awareness <strong>of</strong> bias against <strong>and</strong>increased acceptance <strong>of</strong> <strong>the</strong> linguistic, cultural <strong>and</strong> personal-social specifics <strong>of</strong> <strong>the</strong> Roma ethnic group (71).Stanford-BinetThe Stanford-Binet, based on <strong>the</strong> original 1905 Binet-Simon Scale <strong>and</strong> <strong>the</strong> subsequent revisions by Terman in 1916,was translated to Czech <strong>and</strong> Slovak in 1972, <strong>and</strong> while items were adapted for Czech <strong>and</strong> Slovak culture, <strong>the</strong> testremained st<strong>and</strong>ardized on American norms. The fourth revision was st<strong>and</strong>ardized with Czech norms. The testdoes have some nonverbal items, but among identified weaknesses <strong>of</strong> <strong>the</strong> test are that <strong>the</strong> test is highly dependenton communication skills in Czech <strong>and</strong> that scores are typically lower for children from minority populations(Valenta et al. 2009, 26, 67)Wechsler Intelligence Test for Children, Third UK Edition (WISC-III UK)The Institute for Pedagogical <strong>and</strong> Psychological Counseling was charged with st<strong>and</strong>ardizing <strong>the</strong> WISC-III UK for <strong>the</strong>Czech population in order “to eliminate <strong>the</strong> existing practice <strong>of</strong> too many children placed in special schoolswithout reasonable justification based on <strong>the</strong>ir intellectual <strong>and</strong> learning ability” (Resolution No. 686/1997). TheCzech st<strong>and</strong>ardization has been available since 2002. The test was normed on a group <strong>of</strong> 1457 children, with asix-percent sample <strong>of</strong> <strong>Romani</strong> children. <strong>Romani</strong> children were found to perform poorly in verbal <strong>and</strong> non-verbalsubtests, but performed best in speed <strong>and</strong> symbol searching subtests, where <strong>Romani</strong> children were found tohave insignificantly lower scores than a comparable sample <strong>of</strong> non-<strong>Romani</strong> Czech children (D.H. <strong>and</strong> O<strong>the</strong>rs v. CzechRepublic judgment 2007, paragraph 45). However, <strong>the</strong> rate <strong>of</strong> placement <strong>of</strong> <strong>Romani</strong> children in Czech (special)practical schools remains very high. The previous edition <strong>of</strong> <strong>the</strong> WISC, which is very possibly still in use, was st<strong>and</strong>ardizedin Great Britain only <strong>and</strong> is not culturally relevant for <strong>Romani</strong> children (Cahn <strong>and</strong> Chirico 1999, 54). Sejrková(2000) critiques <strong>the</strong> suitability <strong>of</strong> <strong>the</strong> translation <strong>of</strong> subtest items <strong>of</strong> <strong>the</strong> previous edition <strong>of</strong> <strong>the</strong> WISC-III <strong>and</strong> determinesthat some <strong>of</strong> <strong>the</strong> items might not be comprehensible to <strong>the</strong> Czech population in general due to inaccuracies intranslation.
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R90PITFALLS AND BIASor assistance i
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R110PITFALLS AND BIASCahn, Claude,
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R112PITFALLS AND BIASD.H. and Other
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R114PITFALLS AND BIASFigueroa, Rich
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R118PITFALLS AND BIASHayman, Robert
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R132PITFALLS AND BIASVláda Česká
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