ATP Regulatory Frameworks & Compliance 2

Question 1

Under FERPA, which entity is considered the 'educational agency or institution' responsible for maintaining education records?

Accepted Answer

Any school receiving Department of Education funds

Answer

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?

Accepted Answer

Programs of state and local governments

Answer

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?

Accepted Answer

42 CFR Part 2

Answer

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:

Accepted Answer

A Data Processing Agreement (DPA)

Answer

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:

Accepted Answer

Adverse impact of selection procedures

Answer

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.

ATP - Association of Test Publishers Practice Test