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Neill, Shirley Boes – Phi Delta Kappan, 1979
This report on the First Annual National Conference on Student Competencies focues on the legal challenges to competency testing. (IRT)
Descriptors: Court Litigation, Elementary Secondary Education, Minimum Competency Testing
Peer reviewedPabian, Jay M. – New England Law Review, 1979
Examines the ineffectiveness of common law action in negligence suits and the effectiveness of state legislation to eliminate educational malpractice and functional illiteracy. Suggests alternative ways to prove educational malpractice. Available from New England Law Review, 126 Newbury St., Boston, MA 02116. (IRT)
Descriptors: Court Litigation, Educational Malpractice, Elementary Secondary Education, Minimum Competency Testing
Peer reviewedLogar, Antonette – Journal of Law and Education, 1984
Reviews state requirements for minimum competency testing and discusses past and potential future challenges to such testing. Offers possible solutions. (MD)
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Equal Education
Peer reviewedConver, Michael E. – Illinois School Research and Development, 1982
Examines three forces affecting the minimum competency testing movement: the reluctance of professionals to accept it, court cases, and the question of how it should be applied to the handicapped student. (FL)
Descriptors: Court Litigation, Elementary Secondary Education, Mainstreaming, Minimum Competency Testing
McMillan, William J. – Headmaster U.S.A., 1979
Issues of state control over private schools are expected to center primarily over the questions of literacy testing of students and minimum competency testing of teachers. Available from Headmaster U.S.A., Post Office Box 21587, Fort Lauderdale, FL 33335; sc $4.00. (Author/MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Minimum Competency Testing, Private Schools
Peer reviewedKlein, Alice J. – Suffolk University Law Review, 1979
Investigates the viability of a negligence action for inadequate public school education. Explores the problems inherent in proving each element of negligence, the available defense, and the potential consequences for plaintiffs, defendants, and educational policy-making that would flow from judicial recognition of a cause of action. Journal…
Descriptors: Academic Achievement, Accountability, Court Litigation, Educational Malpractice
Splitt, David A. – Executive Educator, 1984
The New Jersey law permitting a period of silence in schools was struck down by a federal court judge who held that the law was intended to circumvent the proscription against government entanglement in religion. The New York Supreme Court has upheld the competency test for obtaining high school diplomas. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Graduation Requirements, Meditation
Fisher, Thomas H. – NCME Measurement in Education, 1980
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…
Descriptors: Administrator Guides, Coping, Court Litigation, Elementary Secondary Education
Education Commission of the States, Denver, CO. Law and Education Center. – 1979
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…
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, Minimum Competency Testing
Education Commission of the States, Denver, CO. Law and Education Center. – 1980
To help school officials avoid litigation, this newsletter examines two separate issues: student competency testing and educational choice. The authors propose objective certification--in which student achievement is described solely by objective, defensible scores--as a way to avoid the possible injury to students inherent in competency testing.…
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Fees
Education Commission of the States, Denver, CO. Law and Education Center. – 1980
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…
Descriptors: Court Litigation, Disabilities, Educational Malpractice, Elementary Secondary Education
O'Reilly, Robert C. – 1981
A review of state laws governing certification of professional educators reveals both wide agreement on many certification issues and a shift toward making requirements more stringent. Teacher certification has long been accepted as a means of ensuring minimum competency. Many of the issues surrounding certification have been settled, including…
Descriptors: Administrators, Court Litigation, Educational Legislation, Elementary Secondary Education
Peer reviewedMcCarty, Joan First; Cardenas, Jose – Educational Measurement: Issues and Practice, 1986
Test scores are being used for a variety of inappropriate purposes, often to the detriment of minorities. This article recounts recent evidence on misuse of testing, offers strategies for preventing abuse, and urges professionals to take on active roles in preventing misuse of their wares. (LMO)
Descriptors: Court Litigation, Culture Fair Tests, Elementary Secondary Education, Minimum Competency Testing
Peer reviewedPinkney, H. B. – Clearing House, 1980
Two years after the implementation of Florida's Educational Accountability Act, which mandates statewide competency testing in reading, writing, and arithmetic, the author cites the advantages of the program, refutes criticisms of it and reviews the challenge to it in Federal District court, the Debra P. V. Turlington case. (SJL)
Descriptors: Basic Skills, Black Students, Court Litigation, Elementary Secondary Education
Peer reviewedMcClung, Merle Steven – High School Journal, 1979
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)
Descriptors: Competency Based Education, Court Litigation, Elementary Secondary Education, Lawyers


