Legal decisions from the past 20 years that have been influential on the direction of the competency-based and teacher certification testing movement are described. Suggestions for test developers are made to guide them in developing tests that are fair and that comply with legal precedents. (JL)

Chapter 6 of a book on school law attempts to identify and examine a few of the legal problems raised by minimum competency programs, which make successful performance on a standardized test a condition for receipt of a high school diploma. The three areas where minimum competency tests are most likely to be challenged are the equal protection and…

Public school districts that have new policies establishing minimal competency programs that consequently deny some handicapped students a standard diploma have been subjected to litigation. Legal decisions are discussed, addressing, first, the question of fair standards and, second, the fairness of the procedures for administering new graduation…

Current minimum competency testing (MCT) practices noted in the literature through Fall, 1979 are reviewed, and guidance for establishing suitable programs for handicapped students is provided. The provisions of The Education for All Handicapped Children Act of 1975 and Section 504 of the Vocational Rehabilitation Act of 1973 are analyzed in terms…

The intent of this chapter is to emphasize the student evaluation aspect over other legal principles. Several cases illustrate that courts will interfere with school boards' authority to determine placement of pupils only when a violation of constitutional or statutory rights of a student occurs. In the matter of sanctions against students that…

This report provides Minnesota legislators with background information on establishing state educational standards and periodic testing to measure student progress. Scientific management, the accountability movement, and the basic education movement were educational trends of the 1970's providing pressure on states to set standards to improve…

This guide to legislation and state board of education policy on minimum competency testing is designed to explain the legal basis for minimum competency testing mandates in the various states. Specifically, it explores: the differences between board mandates and state legislation; details of the requirements--subject areas, grade promotion and…

The chapters in this book contain a comprehensive reference to recent state appellate and federal court decisions affecting the operation and governance of public elementary and secondary schools. The chapters are: (1) "The Use of School Facilities by Student Groups for Religious Activities," (2) "Denial of Standard Diploma to…

This volume is a collection of 21 papers concerning law and education presented by speakers of widely divergent points of view at the annual convention of the National Organization on Legal Problems of Education (NOLPE). The opinions expressed in the papers are solely those of the authors and do not represent any policy determination of NOLPE. The…