Discusses the minimum competency testing movement and the unresolved issues concerning it. Indicates that until the issues are settled, there will continue to be controversy and legal activity. (JOW)

The events surrounding legal challenges to minimum competency testing programs are described, and ways of coping with the experiences are suggested. Discussion primarily is based on five legal challenges to the Florida program although reference is made to suits in other states for contrast. Whenever a student is faced with a threat to promotion…

Establishment of the new Law and Education Center (LEC) at the Education Commission of the States is announced in this document. It notes that the LEC offers preventive legal assistance to state educational programs and that it will focus on a limited number of specific legal issues. The central topic of this initial newsletter is competency…

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…

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…

Six sets of emerging issues that could involve specific students and classroom situations are discussed here: class suspensions and due process, class rules and teacher inconsistency, classroom equality of opportunity, competency testing, classification of students, and classroom management in alternative schools. (Author)

McClung has written several articles on the legal aspects of minimal competency testing. In this article he states that Getz and Glass ("High School Journal," January, 1979) seriously distorted his earlier works. He attempts to set the facts straight regarding avoiding litigation by practicing preventive law. (KC)

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)

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

One of the major concerns of the California school district represented in this case study centered on the possible legal problems associated with minimum competency testing (MCT). The responses of the district to the California law regarding MCT, and to six potential problem areas, are documented. (LC)

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…

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…

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…

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…

Remarks made at the conference are summarized in seven sections of this narrative report: (1) update: recent events concerning testing,--representing the viewpoints of school districts, professional associations, government agencies, and research organizations; (2) National Institute of Education (NIE) study of school districts' use of test and…