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…

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)

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…

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…