This report focuses on a myriad of national, state, and local laws, regulations and court decisions which govern the everyday work of industrial and organizational psychologists. Legislation already in effect and legislation still pending are discussed. Citing relevant legislation and court decisions throughout the text, the paper addresses such…

This Digest overviews legal challenges in five areas of test use for decision-making in schools: ability tracking, placement in special education classes, test scores as college admissions criteria, test disclosure, and teacher competency testing. Cases illustrating these challenges are described and include: Hobson v. Hansen (1967), Moses v.…

Reviews history and application of Title VII of the Civil Rights Act of 1964 to argue that adverse impact definition of test discrimination embodied in unanimous 1971 Supreme Court decision in Griggs versus Duke Power Company and its progeny is the product of successful advocacy of unelected bureaucrats rather than a product of public…

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…

Legal issues at the state and constitutional levels and associated misconceptions related to written preemployment integrity tests are addressed. Common misconceptions include the beliefs that: (1) such tests fall within the purview of state antipolygraph statutes; (2) unfair discrimination doctrines are violated by integrity testing; and (3)…

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,…

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…

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…

Several major issues were raised against intelligence testing by the plaintiffs in Larry P. versus Wilson Riles. It was argued that since California used intelligence tests to ascertain who should be placed in programs for the educable mentally retarded (EMR), and since blacks performed less well on the tests than whites, it was the tests which…

Remarks made at the conference are summarized in seven sections of this narrative report: (1) update: recent events concerning testing,--representing the viewpoints of school districts, professional associations, government agencies, and research organizations; (2) National Institute of Education (NIE) study of school districts' use of test and…

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 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)

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…

Focuses on score adjustment by racial or ethnic group (race norming) in employment testing, and provides a history of the original controversy. The author analyzes race-based adjustments in test scores and discusses how personnel-selection science is being compromised in an effort to reconcile contradictory legal demands. (GLR)

This paper addresses problems confronting law school teachers in grading law school exams and assigning letter grades. Using prototypical dialogue and scenarios, the paper examines mathematical and statistical issues that contribute to grading errors. Discussed in relation to real world data and the bar exam are: differential weighting, combining…