Investigates the viability of a negligence action for inadequate public school education. Explores the problems inherent in proving each element of negligence, the available defense, and the potential consequences for plaintiffs, defendants, and educational policy-making that would flow from judicial recognition of a cause of action. Journal…

A judicial decision on issues raised by state diploma denial found that competency testing of Florida's high school students as a graduation requirement violated due process by not providing students with adequate notice. The court prescribed some degree of curricular validity to determine whether the test covered materials actually taught.…

Demonstrates the role the guarantee of due process can play in ensuring that vital interests in public education not be lost through erroneous assessments of a student's proficiency in basic skills, and describes the limits constitutional and statutory guarantees of equal educational opportunity place on the use of competency testing. (Author/IRT)

Most state legislatures have either passed or taken under consideration for passage some minimum competency testing program. However, it is not clear that these legislative efforts will result in implementation programs that fulfill legislative intent. Throughout the United States legal challenges from students adversely affected by testing…

Competency testing legislation is the result of citizen pressure and lacks the benefit of careful deliberation by professionals. Hastily passed legislation has forced state departments of education and school districts to accept their duty to implement competency testing programs without the appropriate resources. Many of the basic problems of…

This document contains testimony, prepared statements, letters, and supplemental materials submitted during two days of hearings held in September, 1977. Under consideration was a bill to amend the Elementary and Secondary Education Act of 1965 to require state educational agencies to establish basic standards of educational proficiency applicable…