ERIC Number: ED232304
Record Type: RIE
Publication Date: 1983
Reference Count: N/A
Legal Aspects of Pupil Evaluation.
Melvin, Leland D.
The intent of this chapter is to emphasize the student evaluation aspect over other legal principles. Several cases illustrate that courts will interfere with school boards' authority to determine placement of pupils only when a violation of constitutional or statutory rights of a student occurs. In the matter of sanctions against students that take the form of grade reduction, school authorities are often not supported. The uses of standardized tests and the appropriate use of test results have depended on the courts' judgment of whether the tests were used to perpetuate segregated classes. Four cases are cited in which the judges declared that raw scores of test results must be released by schools, whereas test scores of individual pupils were not to be released. Cases concerning students were cited in the areas of graduation, diplomas, and minimum competency testing. In educational malpractice decisions, courts have not yet awarded damages; however, individual educators were not protected from liability for intentional torts. (MLF)
Descriptors: Admission (School), Court Litigation, Educational Malpractice, Elementary Secondary Education, Federal Courts, Grades (Scholastic), Graduation Requirements, Minimum Competency Testing, School Law, School Segregation, Standardized Tests, State Courts, Student Evaluation, Test Results
Not available separately; see EA 016 000.
Publication Type: Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: In its: School Law Update--1982, p89-117, 1983.