In 1978, Florida was sued by 11 Black students on the grounds that its functional literacy requirement violated due process. This article summarizes the arguments in the case. The initial decision to retain the test after a four-year delay was appealed, but was subsequently upheld by the State's Appeals Court. (CJM)

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…