Legal Question in Discrimination Law in Kansas

Employment/No Child Left Behind Legislation

I am a former paraeducator and interviewed for a job in July with the local school district. Due to the No Child Left Behind legislation, I am required to take a test and pass it before I can be hired because I do not have at least 48 hours of college credit. The district said they could not give me the test because I was not an employee, but to become an employee I had to take and pass the test. I offered to pay $40.00 to take the test here in Lawrence, and they still will not allow me to take it. They told me I had to register with ETS and take the test at Washburn University and pay $40.00, which I am doing. The problem is that the test is not until Sept. 13th, so I am not able to be hired by the district at this time. How can the school district require you to pass a test to get a job, then not allow you to take it locally, especially after you have said you would pay the cost of the test just to be able to get a job?


Asked on 8/12/03, 6:19 pm

1 Answer from Attorneys
Michael Shultz Law Firm of Michael M. Shultz, P.A.

Re: Employment/No Child Left Behind Legislation

I am not all that familiar with the No Children Left Behind law and or regulations. I can tell you that generally an employer is free to require people to have passed a test to be eligible for employment and there is no legal reason that the employer would be required to give the test to persons who are not current employees. Indeed, there could be restrictions on their right to do so. Unless, federal or state law requires the district to give the test to applicants, there is probably nothing illegal here. Bad policy maybe. If you continue to be concerned, I suggest you contact a lawyer who is competent on the specific issues involved. This letter does nmot establish an attorney-client relationship nor does it constitute legal advice. If you have an actual employment situation, you should contact a competent attorney as soon as possible. Thanks. I also happen to be in Lawrence.

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Answered on 8/13/03, 9:48 am


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