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Smith, Michael R. – School Law Bulletin, 1978
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)
Descriptors: Civil Rights, Due Process, Equal Protection, Minimum Competency Testing
Peer reviewed Peer reviewed
Gunn, Lee D. – Journal of Law and Education, 1982
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.…
Descriptors: Accountability, Court Litigation, Due Process, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1981
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)
Descriptors: Academic Achievement, Court Litigation, Disabilities, Due Process
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
Carter, David G., Sr. – 1979
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…
Descriptors: Accountability, Competency Based Education, Court Litigation, Due Process
Popham, W. James; Lindheim, Elaine – Phi Delta Kappan, 1981
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)
Descriptors: Administrator Responsibility, Class Activities, Court Litigation, Due Process