The Debra P. versus Turlington case marked the first major inquiry into content validity of a student competency testing program. The Florida federal district court determined material assessed on the test had been taught in Florida's classrooms. Schools may deny regular diplomas to students who fail the test. (DWH)

This brief report states that legal problems with competency testing have been more procedural than substantive-more concerned with implementation than legitimacy. The right to notice is the most straight-forward and firmly established principle to emerge from competency testing litigation. Students must have fair warning and opportunity to…