Examines three forces affecting the minimum competency testing movement: the reluctance of professionals to accept it, court cases, and the question of how it should be applied to the handicapped student. (FL)

Legal decisions from the past 20 years that have been influential on the direction of the competency-based and teacher certification testing movement are described. Suggestions for test developers are made to guide them in developing tests that are fair and that comply with legal precedents. (JL)

Chapter 6 of a book on school law attempts to identify and examine a few of the legal problems raised by minimum competency programs, which make successful performance on a standardized test a condition for receipt of a high school diploma. The three areas where minimum competency tests are most likely to be challenged are the equal protection and…

State and federal policy issues regarding graduation requirements for handicapped students are explored. After a historical review of such issues as school attendance laws and the competency based testing movement, the effect of state and federal legislation is discussed. State action regarding minimum competency testing is charted and four policy…

The controversy over minimum competency testing (MCT) is multi-faceted and it is the Local Education Agency (LEA) which will bear the burden of the MCT movement. Among the concerns of the LEAs are the means of assessment, the content of tests, and the curricular implications of MCT. (RLV)

Public school districts that have new policies establishing minimal competency programs that consequently deny some handicapped students a standard diploma have been subjected to litigation. Legal decisions are discussed, addressing, first, the question of fair standards and, second, the fairness of the procedures for administering new graduation…

An historical sketch of minimum competency testing programs and issues is presented. Among the state and local programs briefly described are: 1960, Denver Public Schools, CO; 1976, Richmond Public Schools, VA; 1977, Kern Union High School, CA; 1977, Berea High School, OH; 1977, Westside High School, NE; 1973, Oregon; 1975, California (High School…

Competency testing often refers to a system devised to assure successful performance on a specific test, in addition to other mandated criteria as a requisite to obtaining a high school diploma. Minimum competency testing is usually defined in one of two ways: as the acquisition of basic skills or as the demonstrated ability to apply basic skills…

Minimal competency testing of students can be an effective tool for improving educational quality if applied appropriately with adequate safeguards. The failure of academic standards through grade inflation, a policy of social promotion rather than academic promotion, and weak curricula has reduced public confidence in education and encouraged…

Five legal principles (and cases establishing them) on the use of competency testing in student placement or for graduation are discussed. The principles address the constitutionality of appropriate use, adequate notice to students, prohibition of effects of past racial discrimination, graduation test validity, and requirements for handicapped…

The widespread use of testing to make critical individual decisions concerning education or employment opportunities, coupled with growing vigilance by the handicapped community, may mean increased legal scrutiny regarding this type of testing. The measurement community is also aware of difficult, perhaps unresolvable psychometric problems…

Ethical issues involved in competency testing of teachers are raised by the following considerations: that (1) the initiative for the movement came from state legislatures and boards of education rather than from educators; (2) in some states, the testing of teachers is paralleled by a movement to assess the basic skills of public school students;…

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…

This report describes court challenges to high school exit exams for students with disabilities, explores the legal and public policy issues, and discusses implications for educators. Legal challenges include claims brought under the Due Process and Equal Protection clauses of the Fourteenth Amendment, and under disability statutes, including the…

The intent of this chapter is to emphasize the student evaluation aspect over other legal principles. Several cases illustrate that courts will interfere with school boards' authority to determine placement of pupils only when a violation of constitutional or statutory rights of a student occurs. In the matter of sanctions against students that…