Legal and Ethical Standards Flashcards

Under FERPA, who has the right to access a student's educational records once that student turns 18?

Answer: The student themselves

FERPA transfers the right to access educational records from parents to the student (an 'eligible student') once they reach 18 years of age.

A test candidate attempts to photograph exam questions using a hidden smartwatch. Under test security law, this conduct most likely constitutes:

Answer: Unauthorized reproduction of copyrighted material and potential fraud

Photographing exam content violates copyright law (unauthorized reproduction) and may constitute fraud or breach of contract, carrying serious legal consequences.

Which federal law requires testing organizations to provide reasonable accommodations for qualified individuals with disabilities during computerized exams?

Answer: The Americans with Disabilities Act (ADA)

The ADA mandates that testing entities provide reasonable modifications to ensure individuals with disabilities have equal access to examinations.

A testing center proctor discovers that two candidates sitting adjacent to each other submitted nearly identical answers on a high-stakes exam. The ethical obligation of the testing organization is to:

Answer: Investigate the irregularity before releasing scores

Ethical standards require a proper investigation into suspected misconduct before any adverse action is taken or scores are released.

When a testing vendor stores candidate biometric data collected at check-in, which principle requires that the data be kept only as long as necessary for its intended purpose?

Answer: Data minimization

Data minimization, a core privacy principle in frameworks like GDPR and CCPA, mandates collecting and retaining only the data necessary for a specific, legitimate purpose.

An exam developer deliberately writes questions that favor candidates from a particular demographic group without a job-related justification. This practice is legally problematic primarily because it may constitute:

Answer: Disparate impact discrimination

Questions that disproportionately disadvantage a protected class without a legitimate, job-related reason may constitute disparate impact discrimination under federal law.

Which of the following best describes the ethical concept of 'informed consent' as it applies to computerized testing?

Answer: Candidates must consent to having their scores shared with third parties before testing begins

Informed consent requires that candidates be clearly told how their data—including scores and biometric information—will be used and shared before they agree to testing conditions.