Thanks Kevin, Look at this site everyone!

http://www.napavalleyregister.com/articles/2006/12/16/news/local/iq_3733219.txt

Rebel NVC nursing students win right to walk with graduates

By CRISTINA DE LEON-MENJIVAR, Register Staff Writer
After weeks of battling Napa Valley College, two nursing students have emerged victorious.Ashley McManus and Christeta Amoren-Gonzalez, second-year nursing students, were able to walk in graduation ceremonies Friday afternoon, weeks after they hired a lawyer to challenge the college's decision to dismiss them from the nursing program.

The students said the school's requirement that they pass a specific exam in addition to passing their classes was unfair. Instead of going to court, the college agreed on a settlement that allowed McManus and Amoren-Gonzalez to walk with their classmates, even though they still need to finish make-up work to complete the program. Assuming the students complete the work, they will receive their degrees in May."I'm feeling awesome, and we're very excited," McManus said just several hours before the graduation. "They teach you in school to be advocates for your patients, In this case you also have to be advocates for yourselves."

McManus and Amoren-Gonzalez originally filed a grievance with the college regarding the nursing department's use of a test called the Assessment Technologies Institute exam. NVC policy held that if students did not score at or above the 50th percentile nationally on the exam, they would fail a required class and be disqualified from the nursing program, even if they passed the rest of their courses.McManus and Amoren-Gonzalez's scores did not meet the requirement. They were given a failing grade in the class and ultimately were dismissed from the nursing program.

In protest, Amoren-Gonzalez and McManus hired San Francisco attorney Michael Sorgen to argue the school was not allowed to make the test a graduation requirement.The same debate is occurring in other nursing programs across the nation. Some colleges and universities in states such as Florida and Illinois are using assessment tools as a graduation requirement.According to the state chancellor's office, the college does not have permission to use the assessment tool to disqualify students.The college is negotiating how to incorporate the ATI into the curriculum.

College administrators are expected to recommend that the nursing department use the test, but only as part of a student's final grade in a course.Thursday evening, the students signed the settlement agreement, but it has not yet been signed by the college. A paralegal from Sorgen's office said that college officials indicated that they would sign the agreement.The college also has agreed to pay approximately $7,500 of the students' legal fees.Under the agreement, the students will make up missed classes in January and receive their degrees in May.The agreement applies only to McManus and Amoren-Gonzalez, although Sorgen indicated that there are others who failed a course because of the ATI.

College administrators could not be reached for this story.

I already passed, but I am willing to help anyway I can, except I'm poor and can't donate any money, but if you need a signature I'm in. Just let me know how I can help. km

Various students have shown interest in joining and possibly offering support. Both individuals who have passed and have failed the HESI. It seems unfair that the school is willing to risk not graduating more than half its students just to maintain status quo. It is not our fault that our school is not reaching its potential. Reform is definitely the answer but please don't punish us for mistakes that we have not commited. We have all done everything that is to be expected of us and if our degree is going to based on one single test then we should have had the right to know this ahead of time and we would have devoted the whole 3 years into passing this test. I hope both my fellow students, faculty and current RNs in the profession look at this and see the injustice. If we could all go back to basic values we have learned when we started this career.

Here is a copy of the letter I sent to Dr. Martin, Dr. Holdcraft & university president Dr. Hopkins

October 14, 2008
Dear Patricia A. Martin, Ph.D., R.N.:

Would you take a job where your employer could unilaterally change your salary mid-pay period without notice? Would you sign a lease that allowed the landlord to unilaterally raise the rent in the middle of the month? I did not think so. While I disagree with the concept of "exit" exams, it is one thing when a school makes that policy known upfront, but I was not given that opportunity. I was made aware of HESI requirements only after I completed a significant portion of my nursing education program, more specifically at the end of the program. That is wrong. A college catalog constitutes a contract between a school and a student, and any unilateral change to that contract is unacceptable and unlawful.

The developers of HESI have stated that many nursing education programs use the test for purposes other than those intended by the developers. The HESI exit exam is designed to determine students readiness for the NCLEX Exam. That is verbatim from the HESI website. NCLEX examinations are designed to test the knowledge, skills and abilities essential to the safe and effective practice of nursing at the entry-level, according to the NCSBN website.

If a candidate has passed both the theory and clinical portions of a nursing program, it is wrong to withhold his/her degree and NCLEX eligibility (livelihood) over a test administered solely to improve a school's NCLEX pass rate. If a school is having pass rate problems, it is their responsibility to identify and fix them without wrongfully holding back legitimate graduates. There is no state in the U.S. that requires a passing HESI score in order to sit for the NCLEX exam. The NCLEX exam is the recognized national standard for licensure, not the HESI or any other exit exam.

I wish some the faculty would stand up to their administrators. Some have agreed with me in regards to the new requirement, but yet, they will not tell the administration because they do not want to lose their jobs. There is no acceptable reason for students who will have completed the program as stated in the university catalog to be denied their degree and therefore be unable to sit for the boards. Please allow my classmates and me to finish the program we began.

I, as well others, am currently in the process of seeking counsel to protect our rights and livelihood. It is also my intention to alert the media, state representatives, board of nursing and anyone else that will lend me an ear about our situation. I am asking my fellow students to do the same. The last thing I want to do is bring negative attention to the school and/or the nursing program. I look forward to and will anxiously await your response before I go any further with this.

Sincerely,
Douglas Clark
Clark.17@wright.edu

Rule 4723-5-12, OAC Requires a school to develop policies about various things, such as admission, grading, program progression, program completion etc. The Board has no authority regarding the content of the policies. It is up to the pre-license nursing education program to determine if you meet the established completion/graduation requirements/policy. However, the nursing education program is required to implement the established policies. To initiate an investigation regarding policy implementation of the nursing education program, please submit a completed dissatisfaction form. This form is available for download on the Boards website- http://www.nursing.ohio.gov/Forms.htm

O.K. so here’s the deal there was a few of us from our track that met with a attorney today with regards to the current HESI policy and those of us that are supposed to graduate this November. If you wish to be included within the suit, I will need to pass your information on to the attorney. He needs your first and last name, address and phone number with which he may contact you. Additionally we need to think of ways in which we can raise some funds. Make sure your including your parents in with regards to this information, a very generous parent today made a $1000.00 donation to the legal fund in support of her son and all of us that want to be involved. A lot of you have also checked out the blog to which I am trying to keep every posted, if you wish to post topics via the blog I just need the email you wish to use (name@yahoo.com) and I can add use as an author. As you can tell by the blog I do not and will not use your name without permission. I need you approval to do so before adding your name to anything. Any questions just let me know.
Doug

Hi Doug-O.K. So what's going on? Who have you talked to? Have you ran this up the entire WSU "Chain of Command"? To Dr. Martin, then on up to the President? Do you have an attorney? What's the Tuesday meeting about, who is coming? I guess I'm a little lost, catch me up and I will help in any way I can. My best friend is an attorney-not sure that this is her specialty, but am sure she will guide us to the right attorney or the right way to approach this. Let me know what you need.
SD

Doug,I emailed WS. She mentioned she spoke with an attorney in Mississippi, Steve Gardner, Ph#xxx-xxx-xxxx he had twin daughters about to graduate (spring 2008) from nursing school and the college they attended was trying to enforce the same thing. They settled out of court ..they had do you a remediation course (which I believe all of we are doing right now) and then they were allowed to graduate without having to pass the HESI. My husband left the message for his attorney friend today, his name also Steve. I will fax some of your articles and attorney Gardner's ph# tomorrow.I agree with WS, we have to do as quick as we can in order not to delay our graduation.

JS

Do you think that if we get a big group to go to the Dean's office after seminar on a Tuesday that it would help? Maybe bring the articles you have found with us, and maybe with numbers she will realize this is not fair. Just a thought. Let me know! Thanks for doing all of this!

LS

FELLOW STUDENT

Doug,

Have you shown any of these articles to Dr. Holdcraft or any other administrator? If not maybe you should. I am working my butt off on studying for the HESI, I bought the HESI-evolve book and have read almost the whole thing(as well as many other books), done thousands of practice questions, but still fail the practice questions on the disk that comes with the HESI book. Not sure if there is much else I can do, I already quit my job and study on all of my free time. My husband and I are stuggling to pay bills and with the stress of passing the HESI, my life is hell right now. Thanks for looking out for all of us!!

KN

Hi, Doug! This is AG. I was wondering if you could give me a call on my cell phone I would like to talk to you. Thanks, AG

Series of text messages we had:

doug i talked to a lawyer today, dick lipawitz (pretty sure i didn't spell that right) who said that it is a breach of contract on their part and we have a case also if we can get enough people together to talk to this lawyer tues, we need proof/backup - do you have a copy of the handbook when we started the program?

WS (CS'S mom) has everything I think they would need. I will forWARD her your number and she will probably call you. In clinical now at CMC.

doug i'm worried are there others that are going to help? can you and others go to the meeting with me on tues at 2:00? i do not have the money to payok just as long as i can get some help. i don't have the time or money to handle this alone. call me after clinical and let me know what's going on

THANKS AG

FELLOW STUDENT

Yes im concerned about the HESI test!! It makes me so stressful... so you meant we can change the school policy for HESI test?

tk

FELLOW STUDENT

Hey doug...its HH. I was just wondering how serious this email is and if anyone is really going to the dean. of course im terrified about the hesi but i didnt know how everyone else feels so if you could just give me the scoop when you have the time please! thanks!

HH

FELLOW STUDENT

Douglas,
I emailed Dean and Ohio Board of Nursing for abolishing the unfair curriculum on Oct 11.Dean is away from school until Oct 24. So call dean is impossible now. My husband will let his attony friend to write a lettle to school. Do we need signitures on the letter? let me know.

JS

ARE YOU CONCERNED ABOUT THE HESI TEST DETERMINING WHETHER OR NOT YOU WILL GRADUATE?

IT'S NOT RIGHT!!
STRENGTH IS IN NUMBERS

CALL AND EMAIL DEAN PATRICIA MARTIN
* LEAVE A MESSAGE VOICING YOUR CONCERNS
* HAVE YOUR SPOUSE AND PARENTS CALL /EMAIL ALSO
* DEAN MARTIN WASN'T EVEN AWARE 69% FAILED
IN AUGUST

LAWSUITS HAVE BEEN WON AND SETTLED OUT OF COURT
*MOST RECENT IN MISSISSIPPI SETTLED OUT OF COURT
*ATTORNEY WHO HANDLED WOULD SEND ALL HIS
WORK TO ATTORNEY FOR WRIGHT STATE STUDENTS
*ANYONE HAVE A RELATIVE THAT IS AN ATTORNEY ???
***MUST ACT QUICKLY!!!!!!!!!!!!

THE PRINTED ROLE OUT GIVEN TO STUDENTS IS VAGUE AND ARBITRARY!!!!!!!
*REQUIRED SCORE IS NOT ON PRINTED ROLL OUT GIVEN TO STUDENTS
*THERE IS NO DATE ON ROLL OUT AS TO WHEN
STUDENTS WERE INFORMED
*WRIGHT STATE NURSING CURRICULUM IS NOT
UPDATED
*WHEN IS THE 3rd TEST?

GOOGLE "HESI LAWSUIT" READ >>LEARN>>ACT NOW!!
READ BOLIVAR COMMERCIAL NEWSPAPER ARTICLE

YOU HAVE WORKED TOO HARD TO ALLOW A 3RD PARTY
TEST DISQUALIFY>>>>IT'S NOT RIGHT!!

CALL ..EMAIL>>LEAVE A MESSAGE FOR DEAN MARTIN and ASST. DEAN HOLCRAFT

Fayetteville State University moved up nursing test’s use

By Corey G. JohnsonStaff writer
ADVERTISEMENT
A test employed as an exit exam for Fayetteville State University’s nursing program was originally planned for use in the fall, after the graduation of the first class of nurses, according to documents obtained from the university.
RELATED FSU nursing program in turmoil Board delays approval of FSU nursing program
Instead, the test was given to seniors in the nursing program this spring, and 25 of the 32 failed to graduate when they did not pass the test.
FSU officials have said they administered the test to assess student preparation, not to predict the pass rate for the national licensure exam the students were to take after graduation. And officials have said that the test — developed by Health Education Systems Inc. — was given only after students had been well-informed of the plan to use it.
But according to a 23-page nursing department evaluation plan, the test was intended to “enhance NCLEX-RN (National Council Licensure Examination for Registered Nurses) pass rates.” And the document indicates that the plan was to start using the test “fall 2007 and ongoing.”
It is unclear exactly when the decision was made to use the exam or why it was given during the spring semester instead of the fall. University officials have declined to comment on the specifics of the decision.
Prior warnings
Former FSU nursing faculty members said in recent interviews that a state consultant warned them in 2004 not to implement a standardized exit exam because of their potential to spawn legal disputes. And student handbooks and catalogs from 2004 to 2006 do not mention an exit exam requirement.
But sometime after the summer 2006 arrival of Dr. Willar White-Parson as department chairwoman, the school chose to institute such an HESI exit examination for its first graduating class.
During an honors research class that began in January, the students learned that 80 percent of their final grade would hinge on whether they scored at least 850 on the HESI test. Students complained about the short notice and the lack of test preparation materials. Students also questioned why they were told they must pass the class in order to graduate in light of earlier FSU documents that stated that the class was not required for a degree.
Since the students were not permitted to graduate, some have retained a lawyer to handle their dispute with the school. The students have not filed a lawsuit.
Meanwhile, the State Board of Nursing has delayed granting full approval to FSU’s program. According to a letter sent to the university May 21, the nursing board’s staff concluded that the department is not in compliance with rules requiring clear communication of standards and graduation requirements.
The letter does not specifically mention the requirement that students pass the HESI exam to graduate. The board gave FSU until Aug. 1 to confirm whether the problems have been addressed. FSU had not responded to the board directive as of Wednesday, a board spokesman said.
Published studies
If — as the nursing department planning document suggests — FSU officials wanted to use the HESI exam as a predictor of success on the licensure test, they could have been putting too much stock in it.
Two studies published in 2004 and 2006 in the Journal of Nursing Education found that the HESI exam was not a good predictor of who would fail the licensure exam.
The studies — using HESI’s data — found that the lower a student scored on the test, the less accurate the instrument was in predicting performance on the national licensure exam. In one example, 2,978 out of 3,073 students passed the licensure exam despite failing to obtain the HESI cutoff score.
Darrell Spurlock Jr., a nursing professor at Mount Carmel College of Nursing, was one of the study authors.
“There is literally no strong research that shows whether these exams improve a school’s pass rate,” Spurlock said. “If this (HESI) was a pill you wouldn’t be allowed to take it.”
Officials at Elsevier, the parent company to HESI, could not be reached for comment.
HESI researchers have published articles arguing that Spurlock used an inappropriate theory to analyze HESI data.

Nursing students unsure if they will walk in May graduation

Landry Barbieri
Staff Writer
Tuesday, Apr 22, 2008
Without a score of 900 or above on the upcoming Health Education Services Inc. exam on April 28, nearly half of the senior nursing class at Delta State University will not graduate on May 10.Controversy over the issue lead to a suit filed against the institution in the Hinds County Chancery Court by nine senior nursing students. The suit was recently settled out of court. “Because our main key objective was met by the settlement provided by the Attorney General Jim Hood’s office on behalf of Delta State, we chose to accept,” said Steve Gardner, attorney for the students and father of two of the plaintiffs. “The arbitrary score of 900 on the HESI exam will not be a hindrance in these qualified students taking their nursing state board exams.” The lawsuit was sparked when in January 2008, Delta State implemented a policy in which, to receive credit the Nursing Synthesis class students must score a 900 or above on the HESI exam given three times during the length of the course. Prior to the policy, students were only required to pass the HESI exam and exit the class with a 74 average grade. While many of the 15 students have receive high grades in the Nursing Synthesis class, often passing the HESI exam with B-level marks, without the required score of 900 on the exam an incomplete is recorded on their transcripts. Without a recorded grade for the course, the students will not be eligible for graduation in May.“The HESI was designed as a means of assessment for universities and students to see in what areas improvement was needed,” said Gardner. “It was not until January, five months before graduation, that these students learned that a score of 900 would be a graduation requirement.“Nursing school is different from some programs in that students know what their courses will contain and what will be required of them, semesters in advance,” he continued. “They changed the rules on these students in the middle of the year.”Gardner explained that during a full day of testimony on April 8, in which Nursing School Dean Elisabeth Carlson and IHL Commissioner Dr. Tom Meredith took the stand, facts were revealed as to what may have prompted the new policy. “Last summer, Meredith began urging nursing schools in state institutions to have a 95 percent first time pass rate on the NCLEX state lincensing exam” said the attorney.Students must have graduated from a nursing program prior to taking the state licencing exam. Individuals are able to take NCLEX exam multiple times if needed to pass. “Previously, the first time pass rate in the state was 72 percent on NCLEX,” said Gardner. “Meredith left it up to the schools as to how they would work to make it 95 percent.” Gardner said Delta State chose the 900 score policy on the HESI exam as a means to narrow those graduating and taking the NCLEX, therefore raise the first time pass score. “In a way, they are using this 900 score as an exclusion method,” he explained. “It was said in court that the HESI is designed as a predictor for the NCLEX exam, with those making 900 or more having a 96 percent chance of passing the state boards on the first try.” “However, those that score between 900 and 800 still have a 85 to 90 percent chance of passing the boards on the first try, but under the new Delta State policy, they are kept from even taking the exam becayse they can’t graduate,” said the attorney. Gardner said that during testimony, Meredith said that a 95 percent pass rate was an arbitrary standard he had selected.“There was no reason for that number, which is now driving this 900 score requirement,” said the attorney. While proceedings in the case were originally continued until April 16, Gardner met with the attorney general’s staff in order to review a settlement agreement being offered by the university. “Our goal is to ensure that our students get the most out of their college experience and to realize all that they can be,” said Ann Lovten, vice president of academic affairs at DSU. “We want to serve students and prepare them to pursue their careers.”Under the settlement, students who have not scored a 900 on the HESI exam “will not be eligible to graduate in the May 2008 ceremony and will not be eligible for the NCLEX exam.” Students will be allowed to take part in the Spring 2008 pinning ceremony, a symbolic event in the School of Nursing. Those without the 900 score will be required to undergo 40 hours of remediation to begin on May 12. After completion of those hours, students would receive their diplomas by mail. However after the remediation, the students would not be required to take the HESI again. “We felt like in this situation we had a decision to make, so we accepted,” said Gardner. “The students will still be able to receive their diploma without the arbitrary score of 900 on the HESI.” Gardner said that the students have requested that the 40 hours of required remediation begin immediately after the HESI exam on April 28. This would allow students without the 900 score to complete the hours prior to graduation day. “As of the last time I spoke with the attorney general’s office, there was still conversation over reconsidering letting them walk,” said Gardner. “So we will have to see.”Lovten explained that time was needed to prepare for the remediation course, thus the May 12 launch date. “The students involved with this lawsuit are not marginal students,” said Gardner. “It is rare that you will even see a C on one of their transcripts. “These are A and B students with grade point averages of 3.5 in most cases,” he continued. “To be told that you have worked this long and hard and because of an arbitrary number you cannot graduate. They have lived up to high standards throughout their college careers and now will be denied the ability to walk on that stage and receive a diploma.”