The paper reports on trends in language testing taking place over the years and aim at critical perspectives of testing and promoting inclusion, equity and justice. It begins with critical theories by Messick, Foucault and Bourdieu, leading to critical language testing (CLT) which focused on consequences and uses of tests. Given the power of tests…

Lists and discusses sources of employment test information, with special attention on information given to what will be valuable to employment and career counselors. Includes discussion of trends, standards for employment testing, and legal aspects of testing. (Author/ABL)

Discusses the implications of the "GI Forum v. Texas Education Agency" (2000) decision supporting the use of the Texas Assessment of Academic Skills for other state assessment programs. Notes that the legal success of the state test in Texas was not due merely to good fortune, but to the test's adherence to legally defensible principles.…

This response to Batsche and Peterson's article discusses the theoretical, empirical, and pragmatic merits of projective assessment when performed in the context of a comprehensive personality assessment battery. The projective measures should not be considered in isolation. The author concludes projective techniques are not incompatible with…

Discusses the increasing number of legal challenges to high-stakes testing, which can potentially impact developmental education programs nationally. Analyzes challenges to the tests in four states, and suggests that the No Child Left Behind Act (NCLB) may lead to lawsuits if a child has not received an appropriate education. (Contains 15…

The context in which higher education admissions tests are used, both intended, validated uses and misuses, are examined. Possible legal problems of misuse are discussed in light of a recent court decision, Sharif v. New York State Education Department. Focus is on three tests: the Scholastic Assessment Test, Graduate Record Examinations, and the…

A lawsuit involving the National Board for Respiratory Therapy illustrates that certification examinations are vulnerable to complaints of discrimination and employers' misuse of test results. The board's five-step process--position-viability study, personnel survey, job analysis, item writing/test development, and criterion-related validity…

Precedents from litigation on state graduation assessments provide insight into the potential legal arguments challengers may raise with regard to mandated content and performance standards for all students. Clearly documented, fairly administered procedures that adhere to professional recommendations will be the hallmark of defensible standards.…

This paper discusses how to determine whether a test was developed in a legally defensible manner, reviewing general issues, specific cases bearing on different types of test use, some evaluative dimensions, and evidence of test quality. Tests constructed and used according to existing standards will generally stand legal scrutiny. (SLD)