The Every Student Succeeds Act (ESSA) appears to offer states and districts discretion to develop teacher evaluation policies, including those that may use Value Added Models (VAMs). While scholars are discussing this flexibility, limited attention has been paid to the potential role of the law in connection with the future use of VAMs in…

In 2012, families in California filed a lawsuit alleging that five state statutes governing teacher tenure, dismissal, and seniority together violate the state constitution's requirements for equal protection. Central to the case were competing narratives about the relationship between these statutes, the work of teachers, and the achievement of…

Courts have not recognized claims of "educational malpractice," though they have held that such a claim could be formally pleaded with liability precluded by public policy considerations. A 1984 New York Court of Appeals decision in "Snow vs. State of New York" may be the initial breakdown to the barrier of public policy…

Reviews legal arguments used to challenge traditional testing programs in prior litigation and indicates how these arguments might be applied in a performance-assessment application. Examines discrimination challenges to performance assessments in employment contexts. Suggests ways to deal with the psychometric issues most likely to be encountered…

The quality of education being offered by institutions of higher education is being questioned. Trends toward educational quality are evident by court cases that are cited; the issue has been school finance. The equal protection clause of the Constitution has been extended to apply to several areas through the idea of "fundamental rights." The…

Discusses how legal issues impinge upon teacher competency testing, describing key legal provisions (antitrust protection, due process, equal protection, substantial adverse impact, and business necessity), and examining each one's impact on testing and teacher certification. Recommendations to help teacher educators ensure legal, credible, and…

This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--discusses high-stakes testing. Specifically, it examines the high-stakes testing program in Chicago public schools, a grade-promotion policy that uses a standardized test as the primary basis for promotion. Although…

The third in this special series on constitutional themes, this document focuses on justice. "Due Process: What Is It?" (P. McGuire) examines the concept of due process as provided in the Fifth and Fourteenth Amendments and provides lesson plans for a five-day unit on that topic. "Making Government Fair" (G. Galland) explains…

A discussion of the limited meaning of test scores, testing as an invasion of privacy, the abuse of test scores as confidential information and privileged communication, recording and storing of test results, access to test scores, and the demand for accountability forms the basis for recommendations for the release of individual and group test…

Briefs of selected higher court cases involving student/institutional relationships in Higher Education reported through March 31, 1977 comprised the basic case book. Cases reported after March 31, 1977 are included in monthly supplements. Designed for use by students, faculty, and administrators, the case book responds to the "legalistic '60's"…

Traditionally, local school boards have had the power to assign students to classes and to set standards for promotion and graduation; with this authority has gone the discretion to decide what role pupil testing will play in the local schools. Courts have been reluctant to interfere with school board decisions on methodology, of which they…

The major purpose of this book is to help make public school teachers more aware of their legal rights and responsibilities. Five areas of legal importance to teachers are discussed: employment security, student discipline and control, liability for student injury, academic freedom, and collective bargaining. The author uses a question/answer…

A wide variety of contemporary legal issues are addressed in the 15 separate papers that make up this volume. The introductory chapter by William C. Bednar, Jr. provides a broad-based rationale for "Preventive School Law." Chapters 2 and 3, both by Gerald A. Caplan, review "Current Issues in Reduction-in-Force" and "First Amendment Claims by…