ERIC Number: ED190658
Record Type: Non-Journal
Publication Date: 1979-Oct-15
Reference Count: N/A
State Minimum Competency Testing Programs: Legal Implications of Minimum Competency Testing: Debra P. and Beyond. Final Report.
Tractenberg, Paul L.; Kahn, Laura
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 challenged minimum competency programs: (1) Wells v Banks (Georgia); (2) Hernandez v Board of Education, Lynwood Unified School District, CA; (3) Green v Hunt (North Carolina); and (4) Debra P. v Turlington (Florida). Judge Carr's opinion in Debra P. is thus far the only substantive judicial pronouncement on competency testing. Because of an inadequate implementation period, Florida's right to use the Functional Literacy Examination as a high school graduation requirement is delayed until 1982-83. The court criticized Florida's program but did not order other legal sanctions. Future cases may challenge entire programs or portions, such as: diploma sanctions, remediation, and private school exemption. Other cases may seek to create programs or challenge the use of test results for accountability, malpractice, teacher evaluation, and funding. (CP)
Descriptors: Constitutional Law, Court Litigation, Discriminatory Legislation, Due Process, Elementary Secondary Education, Equal Protection, Federal Legislation, Graduation Requirements, Legal Problems, Minimum Competency Testing, Privacy, Private Schools, Program Implementation, Racial Discrimination, Remedial Instruction, State Legislation, State Programs, Test Bias, Test Validity
Publication Type: Opinion Papers; Reports - General; Legal/Legislative/Regulatory Materials
Education Level: N/A
Sponsor: National Inst. of Education (DHEW), Washington, DC.
Authoring Institution: Education Commission of the States, Denver, CO. Dept. of Research and Information Services.
Identifiers - Laws, Policies, & Programs: Debra P v Turlington