In setting performance standards for schoolchildren, the school system not only announces what students must know; it specifies what it presumes it can teach. Tests of competency should be merely a monitoring device to indicate whether the system is meeting its obligation to students. (Author)

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)

Questions states' powers to legislate nonpublic schools. Advocates: (1) demonstration of self-regulation and accountability; (2) moral and financial support by professional organizations in litigations; (3) task force study of government agency control of private schools. (JD)

Five legal principles (and cases establishing them) on the use of competency testing in student placement or for graduation are discussed. The principles address the constitutionality of appropriate use, adequate notice to students, prohibition of effects of past racial discrimination, graduation test validity, and requirements for handicapped…

This report reviews literature pertaining to testing accommodations for students with disabilities. It draws on such information as empirical studies conducted by the Educational Testing Service and the American College Testing Program as well as policies for state assessment programs. The report addresses policy and legal considerations,…

Due to Ohio state mandate, recommendations were made regarding minimal competency testing (MCT) in the state, based upon a literature review of legal and measurement issues, as well as data from a survey of school district practices in Cuyahoga County. Factors subject to legal debate include test validity, length of phase-in period, unequal…

A one-page introduction is followed by summaries of articles and documents on teacher competency testing. George F. Madaus argues that, although tests serve some useful functions, treating them as a major mechanism for reforming education is questionable. Peter A. Garcia examines the negative impact of testing on minority teachers and minorities…

The "Declaration of Independence" guarantees Americans the right to life, liberty, and the pursuit of happiness. However, these rights have not been uniformly available to all citizens. Individuals with disabilities, for example, have received unequal treatment and have been victims of both intentional and unintentional discrimination.…

The chapters in this book contain a comprehensive reference to recent state appellate and federal court decisions affecting the operation and governance of public elementary and secondary schools. The chapters are: (1) "The Use of School Facilities by Student Groups for Religious Activities," (2) "Denial of Standard Diploma to…

About half the states in the U.S., either by legislative or administrative action, have moved toward the imposition of statewide performance standards in their elementary and secondary schools. Typically these standards pertain to the basic skills--reading, mathematical computation, and written and oral expression. Almost all of these programs…

This book is a compilation of 17 papers presented at the 1979 convention of the National Organization on Legal Problems of Education. The authors are, for the most part, attorneys or educators specializing in school law. Most of the papers introduce a topic currently raising legal problems across the country and discuss the pertinent facts of and…

Educational testing and its uses have come under increasing criticism as they are used more and more for decision making--to determine student tracking assignments, college admission, personnel selection, and licensing policies. The papers from this conference, which discussed the major issues in testing, include: (1) Testing: A Parent's Point of…

This volume is a collection of 21 papers concerning law and education presented by speakers of widely divergent points of view at the annual convention of the National Organization on Legal Problems of Education (NOLPE). The opinions expressed in the papers are solely those of the authors and do not represent any policy determination of NOLPE. The…

A wide variety of contemporary legal issues, involving all levels of public and private education, are addressed in the 20 separate chapters comprising this volume. The titles and authors of the chapters are as follows: (1) Due Process of Law: Loudermill v. Cleveland Board of Education (Hooker); (2) Schools, Technology and the Law (Helm); (3)…