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O'Connell, Bridget T.; Zirkel, Perry A. – AASA Journal of Scholarship & Practice, 2008
The primary purpose of this study was to determine the legal knowledge of Pennsylvania superintendents regarding summative teacher evaluation and to determine whether their knowledge level was adequate. Pennsylvania was selected for this state-wide study of superintendent's legal knowledge of teacher evaluation for two reasons. First, Pennsylvania…
Descriptors: Teacher Evaluation, Knowledge Level, School Law, Court Litigation
Peer reviewedPhillips, S. E. – Journal of Law and Education, 1991
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)
Descriptors: Court Litigation, Graduation Requirements, High Schools, Minimum Competency Testing
Splitt, David A. – Executive Educator, 1984
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)
Descriptors: Court Litigation, Elementary Secondary Education, Graduation Requirements, Meditation
Peer reviewedGunn, Lee D. – Journal of Law and Education, 1982
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.…
Descriptors: Accountability, Court Litigation, Due Process, Federal Courts
Sendor, Benjamin – American School Board Journal, 1984
A decision upholding the constitutionality of Florida's competency exam is reviewed and school boards advised of measures for ensuring fairness and legality in competency testing: a curriculum that teaches the skills tested, adequate remedial instruction, and several chances to take the test. (MJL)
Descriptors: Black Students, Court Litigation, Educational Administration, Educational Discrimination
Splitt, David A. – Executive Educator, 1983
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)
Descriptors: Affirmative Action, Confidentiality, Court Litigation, Disclosure
Peer reviewedPullin, Diana; Zirkel, Perry A. – West's Education Law Reporter, 1988
Provides an overview of legal issues concerning the testing of handicapped students and employees in elementary and secondary schools and in institutions of higher education. The first part of the paper summarizes the major specialized sources of applicable statutory and administrative law. The second part synthesizes the relevant case law.…
Descriptors: Court Litigation, Disabilities, Educational Testing, Elementary Secondary Education
Splitt, David A. – Executive Educator, 1984
Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Federal Courts
Cannell, Julian E. – 1983
Public school districts that have new policies establishing minimal competency programs that consequently deny some handicapped students a standard diploma have been subjected to litigation. Legal decisions are discussed, addressing, first, the question of fair standards and, second, the fairness of the procedures for administering new graduation…
Descriptors: Academic Standards, Court Litigation, Disabilities, Federal Courts
Hoegl, Juergen K. – 1983
Minimal competency testing of students can be an effective tool for improving educational quality if applied appropriately with adequate safeguards. The failure of academic standards through grade inflation, a policy of social promotion rather than academic promotion, and weak curricula has reduced public confidence in education and encouraged…
Descriptors: Academic Standards, Accountability, Back to Basics, Competency Based Education
Beckham, Joseph C. – 1980
Most state legislatures have either passed or taken under consideration for passage some minimum competency testing program. However, it is not clear that these legislative efforts will result in implementation programs that fulfill legislative intent. Throughout the United States legal challenges from students adversely affected by testing…
Descriptors: Accountability, Court Litigation, Disabilities, Due Process
Pullin, Diana – 1985
As of the fall of 1984, 40 states had by state mandate adopted some form of student minimum competency testing; 19 are or will be using test performance for the award of high school diplomas. In the other 10 states, local initiatives had implemented such testing programs on the school district level. Five states were using competency tests to…
Descriptors: Black Students, Civil Rights, Court Litigation, Disabilities
Marvell, Thomas; And Others – 1981
This book is a study of civil cases, filed in court after 1976, involving students in elementary and high schools. The number of cases comes to 1,632, of which 769 are concerned with special education, 290 with disciplinary matters, and 248 with sports. The remaining cases deal with racial and sex discrimination, freedom of religion, establishment…
Descriptors: Athletics, Court Litigation, Disabilities, Discipline
Melvin, Leland D. – 1983
The intent of this chapter is to emphasize the student evaluation aspect over other legal principles. Several cases illustrate that courts will interfere with school boards' authority to determine placement of pupils only when a violation of constitutional or statutory rights of a student occurs. In the matter of sanctions against students that…
Descriptors: Admission (School), Court Litigation, Educational Malpractice, Elementary Secondary Education
Thomas, Stephen B. – 1985
Handicapped students are now protected by specific statutes in addition to the broad constitutional protection offered all students. As the number of related statutes, regulations, and case law decisions grew, assimilation became increasingly difficult. This publication attempts to meet educators' need for a succinct guide in special education…
Descriptors: Athletics, Board of Education Policy, Court Litigation, Disabilities
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