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…

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…

Argues that test security in student testing is an immoral, inefficient practice rooted in medieval views of the teacher-student relationship. Secrecy practices involving testing should be scrutinized carefully and minimized through the use of explicit principles--an Assessment Bill of Rights--that put students' rights on par with the testmaker's…

Discusses written and unwritten tests of teachers and such issues as due process, equal protection, and test validity. (IRT)

Discusses how legal issues impinge upon teacher competency testing, describing key legal provisions (antitrust protection, due process, equal protection, substantial adverse impact, and business necessity), and examining each one's impact on testing and teacher certification. Recommendations to help teacher educators ensure legal, credible, and…

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…

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)

Examines whether Fourth Amendment of United States Constitution applies to relationship between student athlete and educational institution and whether drug testing is illegal search and seizure in violation of the amendment. Suggests that institutions strike an appropriate balance between helping student athletes protect their own health, while…

At the 1977 Educational Testing Service (ETS) Invitational Conference, the ETS Measurement Award was presented to Anne Anastasi. In view of the convergence of measurement and the law, the conference focused on six related issues. Barbara Lerner explored the screening procedures of American professional and graduate schools in "Equal…

The Freedoms Scale was developed to assess the attitudes of slow learning and nonacademic secondary students in Canada toward democratic values, and, in particular, toward civil liberties. Vignettes were developed around situations describing threats to an individual or group's constitutional rights. Students were asked how they feel (e.g.,…

This policy paper outlines the impact that recent Title I legislation, which requires states to hold all students to the "same expectations," will have on state and local district evaluation plans, especially as regards students with disabilities. It notes the conflict between two educational goals: that of full inclusion of students…

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…