ERIC Number: ED194965
Record Type: RIE
Publication Date: 1980
Reference Count: N/A
Competency Testing and Functional Literacy: Some Legal Implications.
Pell, Sarah W. J.
Minimum competency testing has been mandated in one form or another by local school boards or by legislatures in 36 states. Court consideration of such testing has focused on the intent and the consequences of the testing. Where racial segregation in education has existed, courts have argued that even several years after desegregation, testing can be measuring effects of prior segregation and may be being used to reinstitute segregation under another guise. Where such punishments as denials of diplomas are based on competency testing, questions of due process concern the courts. Other factors of importance when considering testing programs are the relationship of the tests to legitimate interests of the state as the educating agency, the validity and reliability of the tests, and the opportunity for retesting if test results place legally protected interests (such as property or liberty interests in obtaining diplomas) in jeopardy. (Author/PGD)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Equal Education, Functional Literacy, Graduation Requirements, Minimum Competencies, Minimum Competency Testing, Racial Segregation, Student Rights
Not available separately; see EA 012 963.
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 16 of "School Law in Contemporary Society" (EA 012 963). For related documents, see EA 012 963-980.