Legislation and Common Law Impacting Assessment Practices in Music Education

Abstract

The purpose of this chapter is to outline the historical context of and current issues regarding the assessment of musical learning in schools and law. The chapter introduces common legal definitions and practices that lead to the growing body of scholarship in educational law, the evolving and more active role courts are taking in impacting educational practices, and the fundamental case law and legislation that impacts how we assess students in our classrooms. Moreover, the chapter introduces recent court cases and decisions impacting how teachers are evaluated. Finally, the chapter offers a series of suggestions to strengthen assessment practices to be more defensible should evaluation decisions be challenged based on previous court decisions or enacted law.