A New York State task force on teacher qualifications decided that all teachers needed a basic understanding of liberal arts and sciences. National Evaluation Systems (NES), a professional test development company, was hired to develop the Liberal arts and Sciences Test (LAST) to measure this knowledge.

NES began by establishing two committees of teachers and professors (Committees) to ensure that the LAST was both relevant to the job of a New York public school teacher and free from bias. The Committees reviewed a draft framework, a list of exam subtopics, and sample questions. NES then sent its draft framework and subtopics for review to twelve hundred New York public school teachers and education professors. It also piloted some sample questions on students at various state education colleges. 

To determine what a passing score should be, the Committees estimated what percentage of test-takers would answer each question correctly. They recommended a passing score of between 38 and 48. The New York State Education Commissioner ultimately established 43 as the required score.

Teachers could not be licensed to teach in New York City unless they passed the LAST. Whites succeeded at a higher rate than African-Americans and Latinos. A group of minority teachers filed suit against the Board of Education for the City of New York (Board) alleging that the LAST violated Title VII.

Questions:

1. Did the LAST violate Title VII?

2. What was the purpose of the LAST test?

3. What proof was there that the LAST tested this competency?

4. What were the defects in the preparation of the LAST?