The rapid growth of minimum competency testing (by 1981, 36 states in the United States had mandated some form of minimum competency testing) has led to increased legal challenges of the existing testing programs. Three issues have been raised and are summarized in this brief overview: (1) constitutional claims under the due process clause; (2)…

The current status of minimal competency tests for special education students is discussed with particular emphasis on the legal implications. (SBH)

Recommendations are made by the Illinois Council for Exceptional Children regarding minimal competency testing (MCT) for handicapped children. The position endorses the use of the individualized education program (IEP) as the most appropriate device to insure an appropriate education for handicapped children. Legal issues involving discrimination…

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…

This article presents 11 concrete policy guidelines to help school districts avoid some of the most common problems associated with the implementation of minimal competency testing. (Author/SJL)

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…

Minimum competency testing (MCT) programs for students are growing in popularity and being adopted by many states. In order to determine the extent of the MCT movement, researchers at North Carolina State University surveyed state departments of education in all 50 states. In updating these data for 1986-1987, it was found that 64 percent of the…

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…

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)

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)

As a result of the 1976 Educational Accountability Act, minimal competency tests were developed for grades 3, 5, 8 and 11 by the Florida State Board of Education. Results of the first administration of the 11th grade tests showed that the failure rate for minority black students was much higher than for white students. Results of the tests…

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…

Intended to help state level administrators plan for minimal competency testing programs, the guide discusses conceptual, legal, and budgeting considerations involved in competency programs for different handicapped populations. Problems and remedies are cited from a longitudinal study of the implementation of P.L. 94-142, the Education for All…