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…

Procedures are presented for state departments of education and the local educational agencies to share the responsibility of showing that a minimum competency test is a fair measure of what is taught. It is recommended that the state lead in technical assistance, provide models, and monitor and evaluate the entire process. (CM)

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…