CBT Legal and Ethical Standards 2 — Questions and Answers
Question 1: Under FERPA, who has the right to access a student's educational records once that student turns 18?
- The student's parents only
- The student themselves (Correct answer)
- Any faculty member at the institution
- The institution's testing center staff without restriction
Correct 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.
Question 2: A test candidate attempts to photograph exam questions using a hidden smartwatch. Under test security law, this conduct most likely constitutes:
- A minor policy violation subject to a warning
- Unauthorized reproduction of copyrighted material and potential fraud (Correct answer)
- Acceptable use if the candidate paid for the exam
- A civil matter between the candidate and the testing company only
Correct 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.
Question 3: Which federal law requires testing organizations to provide reasonable accommodations for qualified individuals with disabilities during computerized exams?
- Title VII of the Civil Rights Act
- The Americans with Disabilities Act (ADA) (Correct answer)
- The Family Educational Rights and Privacy Act (FERPA)
- The Computer Fraud and Abuse Act (CFAA)
Correct 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.
Question 4: 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:
- Ignore it since the exam is already over
- Immediately pass scores to clients while flagging internally
- Investigate the irregularity before releasing scores (Correct answer)
- Automatically void both candidates' results without investigation
Correct 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.
Question 5: 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?
- Data minimization (Correct answer)
- Data portability
- Non-repudiation
- Redundancy
Correct 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.
Question 6: 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:
- Copyright infringement
- Disparate impact discrimination (Correct answer)
- A breach of test security
- A violation of the Computer Fraud and Abuse Act
Correct 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.
Question 7: Which of the following best describes the ethical concept of 'informed consent' as it applies to computerized testing?
- Candidates must consent to having their scores shared with third parties before testing begins (Correct answer)
- Proctors must inform candidates of every question they will face
- Testing organizations must obtain consent before collecting biometric data only if requested
- Candidates must agree to test terms only after completing the exam
Correct 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.
CBT Legal and Ethical Standards 2
Under FERPA, who has the right to access a student's educational records once that student turns 18?