ERIC Number: ED156725
Record Type: RIE
Publication Date: 1977-Sep
Reference Count: 0
The Legal Implications of Statewide Pupil Performance Standards.
Tractenberg, Paul L.
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 have been instituted since 1974. Students and their parents will be the primary parties with interest in challinging the existence and implementation, or the non-existence, of performance standards. Judicial decisions suggest that the courts may not be favorably disposed to challenges to the exercise of discretion by school authorities. Plaintiffs challenging the existence and implementation of minimum pupil performance standards are most likely to base their legal arguments on the equal protection and due process clauses of the federal and state constitutions, education clauses of state constitutions, general statutory provisions, and common law negligence theories. Plaintiffs are likely to be confronted with a heavy burden of persuasion. Either the per se illegality or the specifics of existing programs may be challenged. The concept of equal educational opportunity has many definitions. Some relate to pupil performance, while others relate to the opportunity to be exposed to certain educational services. A number of court decisions are discussed. (CTM)
Descriptors: Academic Achievement, Academic Standards, Accountability, Basic Skills, Competency Based Education, Constitutional Law, Court Litigation, Educational Assessment, Elementary Secondary Education, Equal Education, Functional Literacy, Government School Relationship, Graduation Requirements, Legal Problems, Legal Responsibility, Literature Reviews, Mastery Tests, Minimum Competency Testing, School Responsibility, State Legislation, State Programs, State Standards, Student Certification, Testing Programs
Education Commission of the States, Suite 300, 1860 Lincoln Street, Denver, Colorado 80295 ($2.75)
Publication Type: Reference Materials - Bibliographies
Education Level: N/A
Sponsor: National Inst. of Education (DHEW), Washington, DC.; Education Commission of the States, Denver, CO. Handicapped Children's Education Project.
Authoring Institution: CEMREL, Inc., St. Ann, MO.
Note: For related documents, see TM 007 584 and 597 ; A Background Paper Prepared for the Minimal Competency Workshops Sponsored by the Education Commission of the States and the National Institute of Education.