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…

A decision upholding the constitutionality of Florida's competency exam is reviewed and school boards advised of measures for ensuring fairness and legality in competency testing: a curriculum that teaches the skills tested, adequate remedial instruction, and several chances to take the test. (MJL)

The attorney for the plaintiffs in Debra P. v. Turlington discusses the harmful effects and the arbitrary and unfair nature of minimum competency testing. (Author/WD)

This document defines the requirements and program for the American Welding Society (AWS) to certify advanced-level welders through an evaluation process entailing performance qualification and practical knowledge tests requiring the use of advanced reading, computational, and manual skills. The following items are included: statement of the…

Teacher competency testing for the purpose of screening persons prior to state certification continues to be on the upswing in the United States. Many states have implemented paper-pencil tests, most of which were prepared by Educational Testing Service and National Evaluation Systems. Problem areas to consider when certification tests are used to…

To help school officials avoid litigation, this newsletter examines two separate issues: student competency testing and educational choice. The authors propose objective certification--in which student achievement is described solely by objective, defensible scores--as a way to avoid the possible injury to students inherent in competency testing.…

Establishing statewide standards that define what a Minnesota public high school graduate should know and be able to do to function effectively as a purposeful thinker, effective communicator, self-directed learner, productive group participant, and responsible citizen, this legislation outlines the graduation standards in Written Composition that…

Outlines recent court cases related to schools concerning such things as tax exempt status for private schools, minimum competency testing as a graduation requirement, religious groups meeting in schools, and racial discrimination when rehiring teachers who were laid off. (JM)

States that fail to increase assistance to students unable to pass competency exams may be doing so at their legal peril as both the Equal Protection Clause and Title VII seem to require such assistance. Available from Human Rights, 1155 E. 60th St., Chicago, IL 60637. (Author/IRT)

While southern States are attempting to provide academic and job training for high school dropouts whose earnings are below poverty level, a more effective solution would be to encourage high school completion and to assure the mastery of skills. Educational efforts are, therefore, now being focused on programs in elementary schools with the hope…

Truth in testing, competency testing, and intelligence tests constitute the central topics of this newsletter. The authors review a report prepared by the Education Commission of the States on truth-in-testing legislation and litigation, covering recent efforts at the state and federal levels to open the testing process to public scrutiny. They…

A review of state laws governing certification of professional educators reveals both wide agreement on many certification issues and a shift toward making requirements more stringent. Teacher certification has long been accepted as a means of ensuring minimum competency. Many of the issues surrounding certification have been settled, including…

"The Graduation Rule - 3501" was created in three stages and governs the Basic Standards in Reading and Mathematics (1996), the Basic Standards in Written Composition (1997), and the Profile of Learning (1998). This document contains the first of these three parts comprising Chapter 3501. "Basic Standards" are the basic…

Two years after the implementation of Florida's Educational Accountability Act, which mandates statewide competency testing in reading, writing, and arithmetic, the author cites the advantages of the program, refutes criticisms of it and reviews the challenge to it in Federal District court, the Debra P. V. Turlington case. (SJL)

The authors critique legal arguments which have been used by attorneys, especially Merle S. McClung of the Center for Law and Education, in opposing minimum competency testing programs in the schools. The arguments mainly concern the 14th Amendment, racial discrimination, and the denial of due process. (SJL)