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.…

Despite demonstrated success of a graduation competency testing policy in Tatnall County (Georgia), a judge ruled that the policy violated due process because the school district could not show that the items on the test were actually taught in the schools. (WD)

Examines the possibility of legal challenges to minimum competency tests on the grounds that they violate freedom of expression (including the right to remain silent), privacy, and substantive due process guarantees. Available from the Catholic University Law Review, Catholic University of America School of Law, Room 1 Washington, D.C. 20064; sc…

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…

To help school officials avoid litigation, this newsletter examines two separate issues: student competency testing and educational choice. The authors propose objective certification--in which student achievement is described solely by objective, defensible scores--as a way to avoid the possible injury to students inherent in competency testing.…

The authors critique legal arguments which have been used by attorneys, especially Merle S. McClung of the Center for Law and Education, in opposing minimum competency testing programs in the schools. The arguments mainly concern the 14th Amendment, racial discrimination, and the denial of due process. (SJL)

Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)

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…

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)

Use of nationally standardized tests to determine teacher competency continues to be a subject for review in state and federal courts. School district policies have promoted minimum score requirements as a basis for employment decisions concerning certification, hiring, renewal, promotion, and merit pay. Legal challenges to these policies focus…

Legal issues of minimum competency testing derive from federal and state constitutional, statutory, and regulatory provisions, and from common law. Constitutional provisions for equal protection, due process, and freedom of belief and privacy, are primarily federal; education provisions are state mandated. Only four court cases have directly…

Handicapped students are now protected by specific statutes in addition to the broad constitutional protection offered all students. As the number of related statutes, regulations, and case law decisions grew, assimilation became increasingly difficult. This publication attempts to meet educators' need for a succinct guide in special education…

The "Declaration of Independence" guarantees Americans the right to life, liberty, and the pursuit of happiness. However, these rights have not been uniformly available to all citizens. Individuals with disabilities, for example, have received unequal treatment and have been victims of both intentional and unintentional discrimination.…

A wide variety of contemporary legal issues, involving all levels of public and private education, are addressed in the 20 separate chapters comprising this volume. The titles and authors of the chapters are as follows: (1) Due Process of Law: Loudermill v. Cleveland Board of Education (Hooker); (2) Schools, Technology and the Law (Helm); (3)…