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)

Minimum competency testing has been mandated in one form or another by local school boards or by legislatures in 36 states. Court consideration of such testing has focused on the intent and the consequences of the testing. Where racial segregation in education has existed, courts have argued that even several years after desegregation, testing can…

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

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)

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…

The author considers the legality of minimum competency testing diploma requirements applied to the handicapped in light of (1) their constitutional and statutory rights to nondiscriminatory treatment, (2) their statutory right to an appropriate education, and (3) their constitutional right to substantive and procedural due process. (Author/SSH)

As of the fall of 1984, 40 states had by state mandate adopted some form of student minimum competency testing; 19 are or will be using test performance for the award of high school diplomas. In the other 10 states, local initiatives had implemented such testing programs on the school district level. Five states were using competency tests to…

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…

This policy paper outlines the impact that recent Title I legislation, which requires states to hold all students to the "same expectations," will have on state and local district evaluation plans, especially as regards students with disabilities. It notes the conflict between two educational goals: that of full inclusion of students…

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.…

This book is a compilation of 17 papers presented at the 1979 convention of the National Organization on Legal Problems of Education. The authors are, for the most part, attorneys or educators specializing in school law. Most of the papers introduce a topic currently raising legal problems across the country and discuss the pertinent facts of and…