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Jones, Thomas N. – 1981
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…
Descriptors: Court Litigation, Due Process, Equal Protection, Graduation Requirements
Peer reviewedGetz, Jon E.; Glass, Gene V. – High School Journal, 1979
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)
Descriptors: Constitutional Law, Court Litigation, Due Process, Elementary Secondary Education
Peer reviewedMahon, J. Patrick – NASSP Bulletin, 1980
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)
Descriptors: Competency Based Education, Due Process, Elementary Secondary Education, Equal Protection
Habecker, Eugene B. – 1986
The applicability of Fourteenth Amendment procedural due process to private colleges and universities is discussed. After considering state action in private higher education, cases from 11 federal judicial circuits are reviewed to show how courts have applied the various theories of state action. An emerging theory of state action that is…
Descriptors: Constitutional Law, Court Litigation, Due Process, Federal Government
Hammes, Richard R. – 1983
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…
Descriptors: Court Litigation, Disabilities, Due Process, Educational Malpractice
Download full textOakes, Jeannie – 1981
The purpose of this paper is to examine, from a Constitutional perspective, the bases on which ability grouping and tracking might be challenged as barriers to equal educational opportunity. Findings from educational research on ability grouping, commentary from law review journals, and the texts of cases themselves are included as a part of the…
Descriptors: Ability Grouping, Classification, Constitutional Law, Court Litigation
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
