The National Institute of Education's hearings on minimum competency testing sought to educate the public about both sides of the issue. This article summarizes the ground rules for the hearings and the five points of inquiry debated. (WD)

Examines each of the four arguments aginst the North Carolina competency testing program: that the test will result in denial of equal protection of the law, in a violation of Title VI of the 1964 Civil Rights Act, and in a denial of both procedural and substantive due process. (Author/IRT)

The imposition of minimum competency testing in high schools must be seen in a social and political context. Since many minority students have received an inferior education, minimum competency tests may be seen as a means of preventing these students from receiving their high school diplomas. (Author/RLV)

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…

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)

Chapter 6 of a book on school law attempts to identify and examine a few of the legal problems raised by minimum competency programs, which make successful performance on a standardized test a condition for receipt of a high school diploma. The three areas where minimum competency tests are most likely to be challenged are the equal protection and…

Proficiency, or competency, testing is a recent attempt to meet the public demand for accountability. But instead of placing the responsibility on the educational organization, competency testing appears to be a sophisticated approach to holding students and teachers accountable. Although some form of student assessment is needed, it is not yet…

Outlines recent court cases related to schools concerning such things as tax exempt status for private schools, minimum competency testing as a graduation requirement, religious groups meeting in schools, and racial discrimination when rehiring teachers who were laid off. (JM)

States that fail to increase assistance to students unable to pass competency exams may be doing so at their legal peril as both the Equal Protection Clause and Title VII seem to require such assistance. Available from Human Rights, 1155 E. 60th St., Chicago, IL 60637. (Author/IRT)

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)

One of the major concerns of the California school district represented in this case study centered on the possible legal problems associated with minimum competency testing (MCT). The responses of the district to the California law regarding MCT, and to six potential problem areas, are documented. (LC)

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)

This article discusses the potential for discrimination inherent in competency-based testing and suggests some provisions which might be included in a fair competency-based program. Discussed are: (1) racial discrimination; (2) inadequate phase-in periods; (3) tests which are not reliable or have not been validated; (4) inadequate matching of the…

Discusses trend toward minimum competency tests (MCTs) as a requirement for receiving high school graduation. Summarizes criticisms of such testing, and discusses Florida's experience with the MCT, especially in relation to minorities. Concludes that the use of MCTs is potentially discriminatory. (CJM)

The education and economic status of Blacks and Hispanics is the foremost crisis facing the United States today. The viability of this nation as a participant in the global economy is directly related to its solution. Supporting these statements is a demographic analysis of the current economic and education situation. The following related topics…