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…

The second round of litigation in the case of Debra P. v. Turlington has required the Federal courts to consider the question whether the Florida statute which requires public high school graduates to demonstrate the "ability to successfully apply basic skills to every day life situations" as measured by the State Student Assessment…

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…

Proficiency, or competency, testing is a recent attempt to meet the public demand for accountability. But instead of placing the responsibility on the educational organization, competency testing appears to be a sophisticated approach to holding students and teachers accountable. Although some form of student assessment is needed, it is not yet…

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…

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)

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…

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)

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)

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…

This report describes court challenges to high school exit exams for students with disabilities, explores the legal and public policy issues, and discusses implications for educators. Legal challenges include claims brought under the Due Process and Equal Protection clauses of the Fourteenth Amendment, and under disability statutes, including the…

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…