Examines each of the four arguments aginst the North Carolina competency testing program: that the test will result in denial of equal protection of the law, in a violation of Title VI of the 1964 Civil Rights Act, and in a denial of both procedural and substantive due process. (Author/IRT)

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…

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.…

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)

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)

The implementation of any competency testing program must take into consideration the due process clause and the Equal Protection clause of the Fourteenth Amendment. Examples of the violation of the due process clause would be to implement a testing program without adequate notice or to cover material not taught. Instructional validity must be…

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)