Current conflicts over test bias and "truth-in-testing" reflect differing aims of education and the increasingly important social role of testing in our society. (Author)

The Education Amendments of 1978, Part B of the Elementary Secondary Education Act Title IX were implemented because of the growing concern about illiteracy, test score decline, and educational accountability. They establish funds and technical assistance to state and local education agencies for program implementation and test development. Both…

Provides an overview of legal issues concerning the testing of handicapped students and employees in elementary and secondary schools and in institutions of higher education. The first part of the paper summarizes the major specialized sources of applicable statutory and administrative law. The second part synthesizes the relevant case law.…

Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)

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…

Five legal questions are discussed in the conflict between the move to institute minimum competency testing (MCT) for students and the effort to protect the educational rights of handicapped children. The threshold question is whether handicapped children should be subject to the same MCT requirements as the non-handicapped. (PS)

This document defines the requirements and program for the American Welding Society to certify expert 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 standard's scope;…

The author, Assistant HEW Secretary for Education, reviews some of the evidence and recommendations on declining achievement in American schools, especially the National Academy of Education report, "Improving Educational Achievement." She examines point-by-point the current proposal for a national standards panel and a national…

The Regents Competency Testing Program has been designed to assure that all students develop adequate skills in reading comprehension, writing, and mathematics before graduation from high school in New York. This bulletin provides information on two of the program's three basic elements that contribute to the accomplishment of this goal. First,…

Demonstrates the role the guarantee of due process can play in ensuring that vital interests in public education not be lost through erroneous assessments of a student's proficiency in basic skills, and describes the limits constitutional and statutory guarantees of equal educational opportunity place on the use of competency testing. (Author/IRT)

Most state legislatures have either passed or taken under consideration for passage some minimum competency testing program. However, it is not clear that these legislative efforts will result in implementation programs that fulfill legislative intent. Throughout the United States legal challenges from students adversely affected by testing…

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)

Some states are mandating basic skills testing and encouraging comprehensive universities to provide remedial programs for students who do not pass the tests. Texas House Bill 2182 is an example of this trend and is discussed in light of 10 key issues posed by assessment experts. (Author/MLW)

Assessment testing in California's community colleges (CCC) helps to identify entering students' goals and skills level and to ensure that the students are properly advised of appropriate courses and programs. The California Education Code requires that all assessment instruments be approved by the Office of the Chancellor of the California…

Commentary and advice in four legal areas are offered in this newsletter on educational law. First, the document outlines preventive legal review for public educators in four basic steps, including anticipation of legal challenges, evaluation of the challenges' legal merits, consideration of the policy issues raised by potential challenges, and…