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…

Minimum competency testing (MCT) programs for students are growing in popularity and being adopted by many states. In order to determine the extent of the MCT movement, researchers at North Carolina State University surveyed state departments of education in all 50 states. In updating these data for 1986-1987, it was found that 64 percent of the…

More than thirty states, as well as numerous local school districts, have adopted some form of student minimum competency program. Such programs vary widely in their purposes which range all the way from instructional and curriculum planning to deciding whether students are promoted from grade to grade. Thus far, there has been little actual…

Competency testing often refers to a system devised to assure successful performance on a specific test, in addition to other mandated criteria as a requisite to obtaining a high school diploma. Minimum competency testing is usually defined in one of two ways: as the acquisition of basic skills or as the demonstrated ability to apply basic skills…

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…

Representatives from Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma, and Texas discuss the issues surrounding teacher and student competency and accountability. For each state, they review legislative policies and actions and the programs of the state education department regarding the use of competency and accountability standards. The…

This report provides Minnesota legislators with background information on establishing state educational standards and periodic testing to measure student progress. Scientific management, the accountability movement, and the basic education movement were educational trends of the 1970's providing pressure on states to set standards to improve…

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…

Three areas of concern for those considering competency-based graduation requirements are discussed. First, what is involved in implementing a competency-based graduation requirement? The first tasks are the specification of performance standards and the performance skill areas. Then, appropriate certification procedures can be selected, and their…

About half the states in the U.S., either by legislative or administrative action, have moved toward the imposition of statewide performance standards in their elementary and secondary schools. Typically these standards pertain to the basic skills--reading, mathematical computation, and written and oral expression. Almost all of these programs…