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)

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…

Ethical issues involved in competency testing of teachers are raised by the following considerations: that (1) the initiative for the movement came from state legislatures and boards of education rather than from educators; (2) in some states, the testing of teachers is paralleled by a movement to assess the basic skills of public school students;…

The purpose of this research paper is to identify and examine legal issues and implications of mandatory competency tests (MCT) for high school graduation. The major data source for this investigation was actual court cases and abstracts and interpretations of court cases. It is not the purpose of this paper to perform a general review of…

This paper presents the legal rationale for using the National Teacher's Examination (NTE) validation procedure, which was used in Arkansas to determine cut-off scores for teacher certification. A review is given of the decision, by the United States Supreme Court, upholding use of the NTE by South Carolina in that state's teacher certification…

Legal issues of minimum competency testing derive from federal and state constitutional, statutory, and regulatory provisions, and from common law. Constitutional provisions for equal protection, due process, and freedom of belief and privacy, are primarily federal; education provisions are state mandated. Only four court cases have directly…

Legal issues associated with competency testing of teachers are reviewed, with an emphasis on the problem of bias against minority examinees taking standardized tests. The central legislative foci of legal activity in this area are Titles VI and VII of the Civil Rights Act of 1964. Title VII requires employers to show, with validation studies,…

Concerns and objections regarding minimum competency testing (MCT) are raised. The tests are criticized for their tendencies to: (1) deny variability in growth, development, and intelligence; (2) expose rather than constructively examine underachievers; (3) divert scarce personnel and financial resources to test administration; (4) ignore…