Disparate Impact: "If test scores of different groups (for exAMPLE, DIFFERENT ETHNIC OR RELIGIOUS GROUPS) ARE DECIDEDLY DIFFERENT, THIS IS DESCRIBED AS AN ASSESSMENT PROCEDURE HAVING A DISPARATE IMPACT ON TEST TAKERS" (pOPHAM 514).

A disparate impact does not necessarily mean the test is biased. However, it does justify closer scrutiny of test questions to determine whether bias is present. If the test turns out to be unbiased, the disparate impact can often be explained by the lower performing group being subjected to prior instructional inadequacies as compared to the higher performing group. In this case, the test would be helpful to identify that the school needs to provide higher-quality, research based instruction to help eliminate the disparate impact.