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Flygare, Thomas J. – Phi Delta Kappan, 1981
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)
Descriptors: Academic Achievement, Court Litigation, Disabilities, Due Process
Jones, Thomas N. – 1981
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…
Descriptors: Court Litigation, Due Process, Equal Protection, Graduation Requirements
Popham, W. James; Lindheim, Elaine – Phi Delta Kappan, 1981
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)
Descriptors: Administrator Responsibility, Class Activities, Court Litigation, Due Process
Download full textBeckham, Joseph C. – 1986
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…
Descriptors: Board of Education Policy, Civil Rights, Court Litigation, Due Process
Marvell, Thomas; And Others – 1981
This book is a study of civil cases, filed in court after 1976, involving students in elementary and high schools. The number of cases comes to 1,632, of which 769 are concerned with special education, 290 with disciplinary matters, and 248 with sports. The remaining cases deal with racial and sex discrimination, freedom of religion, establishment…
Descriptors: Athletics, Court Litigation, Disabilities, Discipline
Tractenberg, Paul L.; Kahn, Laura – 1979
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…
Descriptors: Constitutional Law, Court Litigation, Discriminatory Legislation, Due Process
Thomas, Stephen B.; Russo, Charles J. – 1995
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.…
Descriptors: Athletics, Child Abuse, Civil Rights, Compliance (Legal)
