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Peer reviewedD'Costa, Ayres G. – Theory into Practice, 1993
Discusses how legal issues impinge upon teacher competency testing, describing key legal provisions (antitrust protection, due process, equal protection, substantial adverse impact, and business necessity), and examining each one's impact on testing and teacher certification. Recommendations to help teacher educators ensure legal, credible, and…
Descriptors: Accountability, Court Role, Due Process, Elementary Secondary Education
Peer reviewedDeivert, Richard G. – Journal of Alcohol and Drug Education, 1991
Examines whether Fourth Amendment of United States Constitution applies to relationship between student athlete and educational institution and whether drug testing is illegal search and seizure in violation of the amendment. Suggests that institutions strike an appropriate balance between helping student athletes protect their own health, while…
Descriptors: Athletes, Civil Liberties, Drug Use Testing, Due Process
Tractenberg, Paul L.; Kahn, Laura – 1979
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…
Descriptors: Constitutional Law, Court Litigation, Discriminatory Legislation, Due Process


