Examines each of the four arguments aginst the North Carolina competency testing program: that the test will result in denial of equal protection of the law, in a violation of Title VI of the 1964 Civil Rights Act, and in a denial of both procedural and substantive due process. (Author/IRT)

Despite demonstrated success of a graduation competency testing policy in Tatnall County (Georgia), a judge ruled that the policy violated due process because the school district could not show that the items on the test were actually taught in the schools. (WD)

The second round of litigation in the case of Debra P. v. Turlington has required the Federal courts to consider the question whether the Florida statute which requires public high school graduates to demonstrate the "ability to successfully apply basic skills to every day life situations" as measured by the State Student Assessment…

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…

The implementation of any competency testing program must take into consideration the due process clause and the Equal Protection clause of the Fourteenth Amendment. Examples of the violation of the due process clause would be to implement a testing program without adequate notice or to cover material not taught. Instructional validity must be…

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)

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)

As of the fall of 1984, 40 states had by state mandate adopted some form of student minimum competency testing; 19 are or will be using test performance for the award of high school diplomas. In the other 10 states, local initiatives had implemented such testing programs on the school district level. Five states were using competency tests to…

Use of nationally standardized tests to determine teacher competency continues to be a subject for review in state and federal courts. School district policies have promoted minimum score requirements as a basis for employment decisions concerning certification, hiring, renewal, promotion, and merit pay. Legal challenges to these policies focus…

The Commonwealth of Massachusetts has had a competency-based vocational instructor approval process for more than two and one-half decades. Perhaps the most important element in this process has been the vocational competency testing. Although some say that Massachusetts is out of step, others feel that Massachusetts has a well-established testing…

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…

The "Declaration of Independence" guarantees Americans the right to life, liberty, and the pursuit of happiness. However, these rights have not been uniformly available to all citizens. Individuals with disabilities, for example, have received unequal treatment and have been victims of both intentional and unintentional discrimination.…