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Shimberg, Benjamin – Educational Measurement: Issues and Practice, 1990
Self-regulation of agencies administering professional licensing and certification tests is questioned on social and legal grounds. Topics include test validity concerns of applicants, extension of "truth in testing" legislation, explicitness of standards, and whether construct validity should be the primary requirement for selecting a…
Descriptors: Agency Role, Certification, Legal Problems, Licensing Examinations (Professions)
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Vaseleck, Jim – Journal of College and University Law, 1994
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…
Descriptors: College Administration, College Admission, College Entrance Examinations, Court Litigation
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Smith, I. Leon; Hambleton, Ronald K. – Educational Measurement: Issues and Practice, 1990
Implementing measurement specialists' ideas about content validity with licensure examinations and the problem of court litigation are discussed. Validity issues surfacing when sponsors of national licensure examinations conduct validity investigations are considered. Issues include local versus national focus on content validity, job analysis,…
Descriptors: Classification, Content Validity, Court Litigation, Job Analysis
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Cavanaugh, Sally Hixon – Evaluation and the Health Professions, 1991
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…
Descriptors: Certification, Court Litigation, Culture Fair Tests, Legal Problems
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Pyburn, Keith M., Jr. – Educational Measurement: Issues and Practice, 1990
Discrepancies between court and professional association views of licensing examinations are discussed. Litigation associated with Title VII of the Civil Rights Act of 1964 and constitutional law is considered. Courts should examine professional standards and apply those that are consistent with the court's determination of the proper…
Descriptors: Civil Rights Legislation, Constitutional Law, Court Litigation, Court Role
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Coleman, Arthur L. – Virginia Journal of Social Policy & the Law, 1998
Tests should be used by educators to help students of different backgrounds and abilities achieve their full potential. The goals of guaranteeing excellence via promotion of high academic standards and ensuring equal educational opportunities are inseparable, mutually dependent goals. State reform efforts and fairness issues are examined. (MLH)
Descriptors: Academic Standards, Accountability, Due Process, Educational Change
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Philips, S. E. – Educational Measurement: Issues and Practice, 1996
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.…
Descriptors: Accountability, Court Litigation, Educational Assessment, Educational Policy
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Phillips, S. E. – Applied Measurement in Education, 1994
This article explores the measurement problems associated with granting accommodations for mental disabilities, uses existing case law to construct a legal framework for considering such accommodations, and discusses the advantages and disadvantages of alternative strategies for handling testing accommodation requests. (Author/SLD)
Descriptors: Accessibility (for Disabled), Alternative Assessment, Court Litigation, Elementary Secondary Education
Garcia, Peter A. – 1987
A genuine concern for the condition of education in the United States has led to misuse of standardized tests to measure teacher quality. The tests have been used for purposes of admission, advancement, merit, graduation, and certification contrary to research findings and test developer guidelines. The current use of tests has resulted in…
Descriptors: Achievement Tests, Admission Criteria, Competence, Court Litigation
Valdes, Guadalupe; Figueroa, Richard A. – 1994
Issues in the testing of bilinguals are examined, particularly in the context of poor results attained on standardized tests by bilingual children. Discussion begins with an examination of definitions and classification of bilingualism, citing some evidence of confusion in use of terminology. Causes for this confusion are seen in popular…
Descriptors: Achievement Tests, Bilingualism, Cognitive Processes, Court Litigation
Jaeger, Richard M., Ed.; Tittle, Carol Kehr, Ed.
Addressing often neglected broad issues, rather than the pragmatics of test development and administration, this Conference on Minimum Competency Achievement Testing was organized around six topics: (1) social and philosophical roots, uniqueness among testing movements, and policy issues; (2) legal, curricular, and social-demographic consequences;…
Descriptors: Academic Standards, Accountability, Competency Based Education, Curriculum
Rudman, Herbert C.; And Others – 1980
This review covers a time span from 1922 to 1980. It examines the link that exists between assessment and teaching. After discussing the milieu in which the two take place, the remainder of the review addresses four questions: (1) how do teachers use test information for instructional decisions?; (2) what has research indicated about the linkage…
Descriptors: Criterion Referenced Tests, Decision Making, Diagnostic Tests, Educational Diagnosis