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 programs have been initiated. While still in the courts, these cases point up the difficulties in design and implementation efforts compelled by legislation requiring minimum compentency testing. The legal issues on which this recent litigation is based present conflicting legal mandates to those charged with the responsibility of effectuating minimum competency testing programs. This paper focuses on the relationship between state accountability and the child's educational rights and provides a set of guidelines for educators who seek to avoid the pitfalls of litigation involved in the contradictions between legislative and judicial mandates. (Author/MLF)