In 2012, families in California filed a lawsuit alleging that five state statutes governing teacher tenure, dismissal, and seniority together violate the state constitution's requirements for equal protection. Central to the case were competing narratives about the relationship between these statutes, the work of teachers, and the achievement of…

Reviews legal arguments used to challenge traditional testing programs in prior litigation and indicates how these arguments might be applied in a performance-assessment application. Examines discrimination challenges to performance assessments in employment contexts. Suggests ways to deal with the psychometric issues most likely to be encountered…

The quality of education being offered by institutions of higher education is being questioned. Trends toward educational quality are evident by court cases that are cited; the issue has been school finance. The equal protection clause of the Constitution has been extended to apply to several areas through the idea of "fundamental rights." The…

This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--discusses high-stakes testing. Specifically, it examines the high-stakes testing program in Chicago public schools, a grade-promotion policy that uses a standardized test as the primary basis for promotion. Although…