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)

The New Jersey law permitting a period of silence in schools was struck down by a federal court judge who held that the law was intended to circumvent the proscription against government entanglement in religion. The New York Supreme Court has upheld the competency test for obtaining high school diplomas. (MLF)

The paper sets forth New Jersey high school graduation standards, including the exceptions for special education and limited English proficiency students. General requirements are described under three topic headings (sample subtopics in parentheses): (1) statewide basic skills requirements (the formulation of the Individual Student Improvement…

Oregon state law requiring the establishment of competence requirements for high school graduation are described and clarified in this document issued by the Oregon Department of Education. A competence guidelist provides behavioral objectives associated with each of six broad competence areas, including reading, writing, mathematics, speaking,…

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…

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)

Outlines recent court cases related to schools concerning such things as tax exempt status for private schools, minimum competency testing as a graduation requirement, religious groups meeting in schools, and racial discrimination when rehiring teachers who were laid off. (JM)

Two years after the implementation of Florida's Educational Accountability Act, which mandates statewide competency testing in reading, writing, and arithmetic, the author cites the advantages of the program, refutes criticisms of it and reviews the challenge to it in Federal District court, the Debra P. V. Turlington case. (SJL)

Provides an overview of legal issues concerning the testing of handicapped students and employees in elementary and secondary schools and in institutions of higher education. The first part of the paper summarizes the major specialized sources of applicable statutory and administrative law. The second part synthesizes the relevant case law.…

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…

The Regents Competency Testing Program has been designed to assure that all students develop adequate skills in reading comprehension, writing, and mathematics before graduation from high school in New York. This bulletin provides information on two of the program's three basic elements that contribute to the accomplishment of this goal. First,…

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)