The Legal and the Local: Using Disparate Impact Analysis to Understand the Consequences of Writing Assessment

Abstract

In this article, we investigate disparate impact analysis as a validation tool for understanding the local effects of writing assessment on diverse groups of students. Using a case study data set from a university that we call Brick City University, we explain how Brick City’s writing program undertook a self-study of its placement exam using the disparate impact process followed by the Office for Civil Rights of the US Department of Education. This three-step process includes analyzing placement rates through (1) a threshold statistical analysis, (2) a contextualized inquiry to determine whether the placement exam meets an important educational objective, and (3) a consideration of less discriminatory assessment alternatives. By employing such a process, Brick City re-conceptualized the role of placement testing and basic writing at the university in a way that was less discriminatory for Brick City’s diverse student population.