This paper discusses the legal implications inherent in the competency or proficiency testing issue. Competency testing is designed to respond to the public demand for accountability by placing responsibility on the educational organization, versus the learner, to assure that students no longer leave high school functionally illiterate. Following…

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)

Reviews state requirements for minimum competency testing and discusses past and potential future challenges to such testing. Offers possible solutions. (MD)

Examines issues of curricular and instructional validity, criticism of diploma-sanctioned tests, teaching the test, and the role of the courts in new solutions. Contends diploma tests may ensure that students are given the opportunity to learn those skills essential to becoming a productive member of society. (209 references) (MLF)

Minimum competency testing programs may discriminate against handicapped students. Action must be taken, this article warns, to assure that such programs do not emerge as an exclusionary practice that will require years to overcome. (Author)

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)

Legal decisions from the past 20 years that have been influential on the direction of the competency-based and teacher certification testing movement are described. Suggestions for test developers are made to guide them in developing tests that are fair and that comply with legal precedents. (JL)

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…

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)

The paper sets forth New Jersey high school graduation standards, including the exceptions for special education and limited English proficiency students. General requirements are described under three topic headings (sample subtopics in parentheses): (1) statewide basic skills requirements (the formulation of the Individual Student Improvement…

Oregon state law requiring the establishment of competence requirements for high school graduation are described and clarified in this document issued by the Oregon Department of Education. A competence guidelist provides behavioral objectives associated with each of six broad competence areas, including reading, writing, mathematics, speaking,…

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…

A judicial decision on issues raised by state diploma denial found that competency testing of Florida's high school students as a graduation requirement violated due process by not providing students with adequate notice. The court prescribed some degree of curricular validity to determine whether the test covered materials actually taught.…

Despite demonstrated success of a graduation competency testing policy in Tatnall County (Georgia), a judge ruled that the policy violated due process because the school district could not show that the items on the test were actually taught in the schools. (WD)

Examines the possibility of legal challenges to minimum competency tests on the grounds that they violate freedom of expression (including the right to remain silent), privacy, and substantive due process guarantees. Available from the Catholic University Law Review, Catholic University of America School of Law, Room 1 Washington, D.C. 20064; sc…