Examines issues of curricular and instructional validity, criticism of diploma-sanctioned tests, teaching the test, and the role of the courts in new solutions. Contends diploma tests may ensure that students are given the opportunity to learn those skills essential to becoming a productive member of society. (209 references) (MLF)

Discusses the plaintiffs' arguments, the state's responses, and the specific findings in the context of major themes of "GI Forum v. Texas Education Agency," which found that the Texas graduation test was valid and reliable and met applicable professional standards, including motive and opportunity to learn. (SLD)

Chapter 10 of a book on school law reviews court rulings on the use of tests and testing procedures for employment purposes. Title VII of the Civil Rights Act of 1964 contains a section authorizing the use of any professionally developed ability test, provided that it is not designed, intended, or used to discriminate. The courts have held…

Traces the origins and development of the courts'"doctrine of subjective practices" in the evaluation of supervisory personnel, and discusses alternative remedies to the discriminatory use of subjective criteria in the selection and promotion of managerial employees. Available from Harvard Civil Rights-Civil Liberties Law Review, Harvard…

A decision upholding the constitutionality of Florida's competency exam is reviewed and school boards advised of measures for ensuring fairness and legality in competency testing: a curriculum that teaches the skills tested, adequate remedial instruction, and several chances to take the test. (MJL)

The attorney for the plaintiffs in Debra P. v. Turlington discusses the harmful effects and the arbitrary and unfair nature of minimum competency testing. (Author/WD)

This court litigation reverses Farris and Black of Home School Legal Defense Association v. South Carolina State Board of Education, which found that the Education Entrance Examination (EEE) was properly validated for use in testing home school instructors as regulated by S. C. Code Ann. Section 59-65-40(A)(1)(a)(1990), the home schooling statute…

Truth in testing, competency testing, and intelligence tests constitute the central topics of this newsletter. The authors review a report prepared by the Education Commission of the States on truth-in-testing legislation and litigation, covering recent efforts at the state and federal levels to open the testing process to public scrutiny. They…

Discusses two cases in which Black schoolchildren challenged the validity and cultural fairness of standardized, individually administered intelligence tests; Larry P. versus Riles and PASE versus Hannon. Describes the diametrically opposed outcomes of the decisions, highlights important similarities, and critically analyzes each court's reasoning…

Thirty-one court cases are reviewed to determine standards set by the courts in their assessment of the content validity of paper-and-pencil personnel selection tests. Specifically, three major issues are examined: validation strategy, job tasks and requirements, and test development. (Author)

At issue in this case is the validity of specified uses by North Carolina of the National Teacher Examinations (NTE), a standardized testing program produced and administered by Educational Testing Service. This brief amicus curiae is designed to assist the Court in distinguishing among the valid and inappropriate uses of the NTE and the different…

Describes the "Golden Rule" test construction technique and its legal history. Focuses on the legal/measurement issues and considers alternative procedures for constructing racially "unbiased" tests. Concludes with an analysis of the probable reaction of the present Supreme Court to a constitutional/statutory challenge of the…

Reviews a federal court ruling in Florida stating that minimum competency tests must be fair--that is, they must cover material that has actually been taught. Unfair tests used to determine eligibility for graduation violate the equal protection and due process clauses of the Constitution. (Author/WD)

Presents a history and analysis of the Larry P. v Wilson Riles litigation in California which prohibited the use of intelligence tests for determining eligibility of Black children for placement in educable mentally retarded programs. Argues against the court decision, and claims tests are not biased. (APM)

This chapter is limited to the specific employment practice of employee testing. The purpose is to distinguish between constitutional and statutory standards for challenging discriminatory testing practices and to propose procedures for developing, administering, and using tests as part of personnel decisions. Four Supreme Court cases are…