Introduction - Demand for Accountability - Problems With Competency Testing - Model Program Provisions

Sep 21, 2026

Uploaded by Maeve

Report examines education legislation that reshapes legal services work and highlights how literacy failures and shifting policy goals intensify accountability pressures. It discusses how competency testing programs are being adopted to curb “social promotion,” but argues newer requirements unfairly move the burden of poor school performance onto students. It reviews concerns about inadequate notice, misalignment with taught curriculum, and discriminatory impacts affecting black and Hispanic students. It proposes model provisions for fair testing.

LanguageEnglish

CategoryExam

FormatPDF

Pages5

Reading Time13 min

AccessFree to download

Introduction

Competency Testing Legislation: Shifting the Burden to Students?

Demand for Accountability

Problems With Competency Testing

Model Program Provisions

# Introduction This is a report on education legislation which significantlyaffects the legal services community. The Legislative Report wil1be distributed periodically as a supplement to the Education Law Bulletin.Topics are selected from legislation received from legal services attor-neys and legislative periodicals.If you are working on education legis-lation we would appreciate your sending us copies of such legislation,andletting us know if we can be of assistance. In 1972,Peter Doe sued his formerhigh school for one million dollars indamages for failing to teach him functionalliteracy.1 Although the school had awardedhim a high school diploma,he could notread and write well enough to fil1 out astandard job application form.Peter Doedid not prevail in the California courts,but the case helped to focus attention ona nationwide problem:the failure ofpublic schools to teach functionalliteracy to many students in spite oftwelve years of schooling. A number of studies indicate thatsubstantial numbers of Americans are notliterate,whatever definition of literacyis used. One of the most recent of thesestudies,published by H.E.W.,concludesthat an estimated one million Americanyouths 12 to 17 years old probably cannotread as well as the average fourth grader,and thus can be called illiterate.2 Thestudy shows that disproportionate numbersof black youths are illiterate(15 percent)but substantial numbers of white youthssuprisingly,the study also found that therate of illiteracy correlates with family # Competency Testing Legislation:Shifting the Burden to Students? income,declining from 14 percent in thelowest income group(less than $3,000)to 0.3 percent in the highest($15,000). # Demand for Accountability Tie most common legislative responseto the public demand for accountability inteaching and learning basic skills hasbeen adoption of competency testingprograms. While some kind of competencytesting program may be neccessary in orderto increase emphasis on basic skillinstruction and to reduce the practice of"social promotion"(promoting students onthe basis of age rather than achievement),the most recent development in the compe-tency testing movement is a requirementwhich unfairly shifts the burden of poorperformance from the schools to the stu-dents.An increasing number of states(including Florida,California,andOregon)have passed legislation requiringstudents to pass a minimal proficiency orcompetency test as a prerequisite to ahigh school diploma.And many other statesand school districts are consideringadoption of similar requirements.If your state has not already enacted such legi-slation,the likelihood is that similarmeasures are presently or wil1 soon beconsidered in your state legislature.See C.Pipho(ed.),"Update VI:MinimalCompetency Testing,"available free ofcharge from the Education Commission ofthe States,300 Lincoln Tower,1860Lincoln St.,Denver,Colorado 80203. There is even the possibility thatthe Federal Government may reinforce thismovement.Representative Ronald Mott1(D)has introduced a bil1(H.R.6088)whichwould amend the Elementary and SecondaryEducation Act of 1965 to require all stateagencies to establish a program of basiceducational proficiency standards beforethey can receive funds under the Act. # Problems With Competency Testing Our preliminary work in this areaindicates that most competency testingprograms do not provide for adequatenotice and phase-in periods,do notguarantee that the test will in factmeasure what has been taught in theschools,and may adversely impact ondisproportionate numbers of black andHispanic students in a racially discri-minatory manner.Many competency testingprograms are being imposed on high schoolstudents after most of their schooling isalready completed,thus not providingeducators and students with sufficientnotice and phase-in periods necessary tofocus teaching and learning on the newtesting requirements.This mismatch be-tween the test and the school's curricul

FAQs

Why does the report discuss education legislation in relation to legal services?

It frames education legislation as significantly affecting the legal services community and describes how legislative monitoring is organized around bills and related periodicals.

What accountability approach does the report identify as most common in competency testing?

It states that the most common legislative response is adoption of competency testing programs to emphasize basic skills and reduce social promotion.

What major problems does the report raise about many competency testing programs?

It highlights lack of adequate notice and phase-in periods, uncertainty that tests measure taught material, and potential adverse effects on black and Hispanic students.

Sep 21, 2026

Uploaded by Maeve