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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
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
Beach, Joyce – 1982
The Commonwealth of Massachusetts has had a competency-based vocational instructor approval process for more than two and one-half decades. Perhaps the most important element in this process has been the vocational competency testing. Although some say that Massachusetts is out of step, others feel that Massachusetts has a well-established testing…
Descriptors: Competency Based Teacher Education, Court Litigation, Due Process, Equal Protection
Tractenberg, Paul L.; Kahn, Laura – 1979
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…
Descriptors: Constitutional Law, Court Litigation, Discriminatory Legislation, Due Process