ATP Regulatory Frameworks & Compliance 2 — Questions and Answers
Question 1: Under FERPA, which entity is considered the 'educational agency or institution' responsible for maintaining education records?
- The federal government
- Any school receiving Department of Education funds (Correct answer)
- Private testing companies only
- State licensing boards
Correct answer: Any school receiving Department of Education funds
FERPA applies to any educational agency or institution that receives funding from the U.S. Department of Education.
Question 2: The Americans with Disabilities Act (ADA) Title II applies to testing accommodations for which population?
- Private sector employees only
- Programs of state and local governments (Correct answer)
- Federal contractors exclusively
- Nonprofit organizations only
Correct answer: Programs of state and local governments
ADA Title II covers programs, services, and activities of state and local governments, requiring them to provide testing accommodations.
Question 3: Which federal law specifically governs the confidentiality of substance abuse patient records, affecting employers who use drug testing?
- HIPAA
- 42 CFR Part 2 (Correct answer)
- FERPA
- Title VII
Correct answer: 42 CFR Part 2
42 CFR Part 2 protects the confidentiality of substance use disorder patient records maintained by federally assisted programs.
Question 4: When a test publisher uses a third-party data processor in the EU, the GDPR requires that the relationship be governed by:
- A verbal agreement reviewed annually
- A Data Processing Agreement (DPA) (Correct answer)
- A standard non-disclosure agreement
- An informal email confirmation
Correct answer: A Data Processing Agreement (DPA)
GDPR Article 28 mandates that controllers use only processors who implement appropriate measures, documented in a binding Data Processing Agreement.
Question 5: The Uniform Guidelines on Employee Selection Procedures (UGESP) establish the '4/5ths rule' to assess:
- Test reliability coefficients
- Adverse impact of selection procedures (Correct answer)
- Passing score fairness
- Norm group representativeness
Correct answer: Adverse impact of selection procedures
The 4/5ths (80%) rule states that adverse impact is indicated when a protected group's selection rate is less than 80% of the highest group's rate.
Question 6: In U.S. federal employment testing, which agency primarily oversees the use of polygraph examinations under the Employee Polygraph Protection Act?
- EEOC
- Department of Labor (Correct answer)
- OPM
- NLRB
Correct answer: Department of Labor
The Department of Labor's Wage and Hour Division enforces the Employee Polygraph Protection Act, which restricts private employer polygraph use.
Question 7: A test publisher wishing to conduct psychological assessments on children under 13 via an online platform must comply with which U.S. law?
- FERPA
- COPPA (Correct answer)
- HIPAA
- CCPA
Correct answer: COPPA
COPPA (Children's Online Privacy Protection Act) requires verifiable parental consent before collecting personal information from children under 13 online.
ATP Regulatory Frameworks & Compliance 2
Under FERPA, which entity is considered the 'educational agency or institution' responsible for maintaining education records?