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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
Duke, Daniel L.; And Others – Phi Delta Kappan, 1978
Six sets of emerging issues that could involve specific students and classroom situations are discussed here: class suspensions and due process, class rules and teacher inconsistency, classroom equality of opportunity, competency testing, classification of students, and classroom management in alternative schools. (Author)
Descriptors: Classroom Techniques, Court Litigation, Due Process, Equal Education
Peer reviewed Peer reviewed
Getz, Jon E.; Glass, Gene V. – High School Journal, 1979
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)
Descriptors: Constitutional Law, Court Litigation, Due Process, Elementary Secondary Education
Splitt, David A. – Executive Educator, 1984
Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Mahon, J. Patrick – NASSP Bulletin, 1980
Competency-based education programs could raise three kinds of legal issues: claims under the due process clause, claims of discrimination under the equal protection clause, and claims of negligence. (Author/JM)
Descriptors: Competency Based Education, Due Process, Elementary Secondary Education, Equal Protection
Hammes, Richard R. – 1983
The purpose of this research paper is to identify and examine legal issues and implications of mandatory competency tests (MCT) for high school graduation. The major data source for this investigation was actual court cases and abstracts and interpretations of court cases. It is not the purpose of this paper to perform a general review of…
Descriptors: Court Litigation, Disabilities, Due Process, Educational Malpractice
Beckham, Joseph C. – 1980
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…
Descriptors: Accountability, Court Litigation, Disabilities, Due Process
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. – 1985
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…
Descriptors: Athletics, Board of Education Policy, Court Litigation, Disabilities