Competency-based education programs could raise three kinds of legal issues: claims under the due process clause, claims of discrimination under the equal protection clause, and claims of negligence. (Author/JM)

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…

Due to Ohio state mandate, recommendations were made regarding minimal competency testing (MCT) in the state, based upon a literature review of legal and measurement issues, as well as data from a survey of school district practices in Cuyahoga County. Factors subject to legal debate include test validity, length of phase-in period, unequal…

About half the states in the U.S., either by legislative or administrative action, have moved toward the imposition of statewide performance standards in their elementary and secondary schools. Typically these standards pertain to the basic skills--reading, mathematical computation, and written and oral expression. Almost all of these programs…