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The Rights and Responsibilities of Test-Takers

Test-Taker Rights and Responsibilities Working Group of the Joint Committee on Testing Practices

September 1, 1997 Draft

Preamble

The intent of this statement is to enumerate and clarify the expectations that test takers might reasonably have about the testing process, and the expectations that those who develop, administer, and use tests may have of test-takers. Tests are defined here as professionally developed instruments used in organizations such as schools, industries, clinical practice, and counseling settings. The purpose of the statement is to inform and to help educate not only test-takers, but also others involved in the enterprise so that tests may be most validly and appropriately used. It is intended as an effort to inspire improvements in the testing process and does not have the force of law. Its orientation is aspirational.

Testing professionals include developers of assessment products and services, those who market and sell them, persons who select them, test administrators and scorers, those who interpret test results, and users of the information. Persons who engage in each of these activities have responsibilities that are described elsewhere (American Association for Counseling and Development, 1988; Joint Committee on Testing Practices, 1988; National Council on Measurement in Education, 1995). The vast majority of those engaged in the testing profession behave responsibly and clarify their own roles and responsibilities for test takers needing assistance.

In some circumstances, the test developer and the test user may not be the same person, group of persons, or organization. In such situations, the professionals involved in the testing should clarify, for the test-taker as well as for themselves, who is responsible for each aspect of the testing process. For example, when an individual chooses to take a college admissions test, at least three parties are involved in addition to the test taker: the test developer and publisher, the individuals who administer the test(s) to the test taker, and the institutions of higher education who will eventually use the information. In such cases a test taker may need to request clarification about his/her rights and responsibilities. When test takers are young children (e.g., standardized testing in the schools) or are persons who spend some or all their time in institutions or are incapacitated, parents or guardians may have some of the rights and responsibilities, rather than, or in addition to, the individual.

It has been argued that perhaps the most fundamental right of test takers is to be tested with instruments that meet high professional standards, such as those described in Standards for Educational and Psychological Testing (American Educational Research Association, American Psychological Association, & National Council on Measurement in Education, 1985). The standards that appear in that document apply to the development and use of tests. This statement should be used as an adjunct, or supplement, to those standards. State and federal laws, of course, supersede any rights and responsibilities that are stated here.

References

American Association for Counseling and Development (now American Counseling Association) & Association for Measurement and Evaluation in Counseling (now Association for Assessment in Counseling). (1988). Responsibilities of users of standardized tests: RUST statement revised. Alexandria, VA: Author.

American Educational Research Association, American Psychological Association, & National Council on Measurement in Education. (1985). Standards for educational and psychological testing. Washington, DC: American Psychological Association.

Joint Committee on Testing Practices. (1988). Code of fair testing practices in education. Washington, DC: American Psychological Association.

National Council on Measurement in Education. (1995). Code of professional responsibilities in educational measurement. Washington, DC: author.

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As a test-taker, you have the right to:

  1. Be informed of your rights and responsibilities as a test-taker.
  2. Be treated with courtesy, respect, and impartiality, regardless of your race, gender, age, disability, religion, ethnicity, national origin, and sexual orientation.
  3. Be tested with measures that meet professional standards and that are appropriate for you, given the manner in which the test results will be used.
  4. Be informed prior to testing about the test's purposes, the nature of the test, whether test results will be reported to you, and the planned use of the results, when not in conflict with the testing purposes.
  5. Know in advance when the test will be administered, when test results will be available, and whether there is a fee for testing services that you are expected to pay.
  6. Have your test administered and your test results interpreted by appropriately trained individuals.
  7. Know if a test is optional and to learn of the consequences of taking or not taking the test.
  8. Have test results explained promptly after taking the test and in commonly understood terms.
  9. Confidentiality about your results to the extent allowed by law.
  10. Present concerns about the testing process and receive information about procedures that will be used to address them.

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As a test-taker, you have the responsibility to:

  1. Read and/or listen to your rights and responsibilities as a test-taker.
  2. Treat others with courtesy and respect during the testing process.
  3. Ask questions prior to testing if you are uncertain about why the test is being given, how it will be given, what you will be asked to do, and what will be done with the results.
  4. Inform an examiner about any condition that you believe will cause your test results to represent you inaccurately (e.g., disability, medical condition, or difficulty comprehending the language of the test, if irrelevant to the test purpose).
  5. Know when and where the test will be given, pay for the test if required, appear on time with any required materials, and be ready to be tested.
  6. Follow the test instructions you are given and represent yourself honestly during the test.
  7. Be familiar with and accept the consequences of not taking the test, should you choose not to take the test.
  8. Inform appropriate persons, as specified by the test organization, if you do not understand your results, or if you believe that testing conditions affected your results.
  9. Ask questions about the limits of confidentiality of your test results.
  10. Present concerns about the testing process in a timely, respectful way.

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Elaboration of Rights of Test-Takers

As a test-taker, you have the right to:

  1. Be informed of your rights and responsibilities as a test-taker.

    1. You are entitled to have the person who administers your test (or the organization that prepared the test) inform you of your rights and responsibilities as a test-taker.

  2. Be treated with courtesy, respect, and impartiality, regardless of your race, gender, age, disability, religion, ethnicity, national origin, and sexual orientation.

    1. You should not be denied access to testing services based on your race, gender, age, disability, lack of language proficiency, religion, ethnicity, national origin, or sexual orientation.

    2. If free materials or services (e.g., test preparatory programs) designed to enhance test performance are provided by publishers or institutions, you should have equal access to them without regard to any characteristics irrelevant to the purposes of testing.

  3. Be tested with measures that meet professional standards that are appropriate for you, given the manner in which the test results will be used.

    1. You are entitled to request, based on any special needs that you have, accommodations in test administration that are likely to make your scores more valid for the planned use.

    2. You are entitled to be tested using measures that meet professional standards and to be tested using a measure that is current, unless there is a compelling rationale for employing an out-dated instrument.

  4. Be informed prior to testing about the test's purposes, the nature of the test, whether test results will be reported to you, and the planned use of the results, when not in conflict with the testing purposes.

    1. You should receive information about the purpose of the testing and the characteristics of the test(s) that you will be taking (e.g., how much time you will have to take the test, what kinds of questions are on the test) prior to taking the test, unless such information might decrease the accuracy of your test performance.

    2. You are entitled to know before taking any test the planned uses of the test results and under what conditions and for how long the scores are stored.

    3. If safeguards have been instituted to prevent the possible misuse of your test scores, you are entitled to request and receive information pertaining to these preventative measures.

    4. You should be informed if there are any optional or required materials (e.g., calculator, paper, pencil, test-taking aides) for you to bring to the test site or if such commonly used articles are not allowed.

    5. You are entitled to request and receive reasonable information concerning the accuracy and appropriateness of the test that you are taking for its intended purpose.

    6. You are entitled to know how often, how soon, and under what conditions you may take the test (or another version of it) again.

    7. You are entitled to know if there are special scoring procedures that may affect your results (e.g., if guessing counts against you or if there is a penalty for misspelling in an essay examination), unless such information might legitimately bias your performance, and what quality control procedures are used to insure that your test is scored properly.

    8. You should be informed whether you have access to copies of forms of the test, and whether you may obtain your answer sheets, have your answer sheets rescored, or cancel your test scores.

    9. You are entitled to have reasonable clarifying questions answered prior to test administration.

    10. If you will not be permitted to ask questions during any subsequent phase of the testing process, you should be told this in advance.

    11. If special equipment is used in the testing, you should receive information about its use and have an opportunity to practice with it unless the use of the equipment is part of the test purpose.

    12. If you will be receiving a test administration that is modified in some way to accommodate you, you have the right to know in advance of the testing if the test results will be identified or flagged as a result of a special administration.

    13. If you are presented with options related to your testing (e.g., tests, test forms, or test formats(s)) you should be provided with relevant information to assist you in making your decision.

  5. Know in advance when the test will be administered, when test results will be available, and whether there is a fee for testing services that you are expected to pay.

    1. If a previously announced testing schedule changes, you should be notified in a timely manner, receive a reasonable explanation for the change, and be informed of the new schedule. If there is a change, a reasonable alternative to the original schedule should be provided.

    2. You are entitled to know, prior to testing, the anticipated fee for the testing process, as well as the fees associated with each component of the process, if the components can be separated.

  6. Have your test administered and your test results interpreted by appropriately trained individuals.

    1. You should be tested with an instrument recommended by individuals who have learned how to select an appropriate test for the intended purpose(s).

    2. You are entitled to request that the individuals involved in your testing be able to test persons with any special characteristics you possess, if such conditions necessitate special testing and the interpretation of results. In some situations, you may be charged for such special services.

    3. You should be able to obtain reasonable information about whether those involved in your testing, such as selecting the measure, administering it, scoring it, and interpreting it, are qualified to do so.

    4. You should be able to take the test under conditions that do not unduly interfere with your performance. These conditions will normally be the same as those used to standardize the test.

    5. Unless the test you are taking has a time limit, you are entitled to as much time as you reasonably need to complete the test.

    6. You are entitled to have test administrators take reasonable actions to safeguard against fraudulent actions of others (such as cheating) that could place honest test takers at a disadvantage.

  7. Know if a test is optional and to learn of the consequences of taking or not taking the test.

    1. You should only be tested when you have provided your informed consent to take a test, except when testing without consent has been mandated by law or governmental regulation, or when consent is implied by an action you have already taken (e.g., such as when you apply for employment and a personnel examination is mandated).

    2. You are entitled to refuse to take or complete a voluntary test, although there may be negative consequences if you do so.

    3. You are entitled to learn of the consequences of not taking a given test or of failing to complete the test.

    4. If there is a need to deviate from the testing services to which you initially agreed (e.g., the examiner feels it would be wise for you to take an additional test), you should be promptly informed and receive an explanation.

  8. Have test results explained promptly after taking the test and in commonly understood terms.

    1. You are entitled to have your test scores interpreted in light of additional considerations (e.g., disability, language proficiency) if they are relevant to understanding your performance.

    2. If the results from a comparison group are used in the interpretation of your test results, you are entitled to information regarding the characteristics of the comparison group and the extent to which this information is relevant to the interpretation of your performance.

    3. You are entitled to know what sources of information were used in reaching an interpretation of your test results.

    4. Where possible and appropriate, the explanation of your test results should include recommendations regarding how to improve your performance in the areas measured by the test.

    5. You should be informed if you have the opportunity to request a second opinion about the meaning of your test results, how you might exercise it, and what costs, if any, are associated with it. When possible, you are entitled to select the appropriately trained professional to provide this second opinion.

    6. If individual test scores are reported and related to a pass-fail standard, you are entitled to know what scores were necessary to pass the test.

    7. You are entitled to know how much your scores are likely to change, should you take the examination again.

    8. You are entitled to have test-score based descriptions about yourself used in an appropriately productive manner.

    9. If there are errors in the process of developing scores, you are entitled to have the error corrected as rapidly as possible.

  9. Confidentiality about your results to the extent allowed by law.

    1. You are entitled to know who will have access to your individually identified test results and in what form (e.g., scores, interpretations).

    2. You are ordinarily entitled to limit the access to your test results to those persons or institutions, and for those purposes, revealed to you prior to the testing. Exceptions will occur when you consent to release the test results to others or when authorized by law.

    3. Whether in paper or electronic form, records of your test results should be safeguarded and maintained so that only individuals who have a legitimate right to access them will be able to do so.

  10. Present concerns about the testing process and receive information about procedures that will be used to address them.

    1. If you believe that your test has not been administered properly or scored accurately, you are entitled to know how you can question the results.

    2. You are entitled to know the procedures for appealing decisions that you believe are based in whole or in part on erroneous test results.

    3. If your test results are under investigation and may be canceled, invalidated, or not released for normal use, that investigation should be performed in a timely manner. The investigation should use all available information that addresses the reason(s) for the investigation, including that which you choose to provide.

    4. If your test results are canceled or not released for normal use, you should be told why that action was taken and be informed of the types of evidence and procedures that were used to make that determination.

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Elaboration of Responsibilities of Test-Takers

As a test-taker you have the responsibility to:

  1. Read and/or listen to your rights and responsibilities as a test-taker.

    1. It is your responsibility to familiarize yourself with your rights and responsibilities and ask questions about issues you do not understand.

  2. Treat others with courtesy and respect during the testing process.

    1. You are responsible for your behavior before, during, and after the testing. It must not interfere with the rights of others.

  3. Ask questions prior to testing if you are uncertain about why the test is being given, how it will be given, what you will be asked to do, and what will be done with the results.

    1. It is your responsibility to review materials supplied by the test publisher and others as part of the testing process and ask questions about areas that you feel you should understand better.

    2. If you are not satisfied with what you know about how your test results will be used and what will be done with them, it is your responsibility to request more information.

  4. Inform an examiner about any condition that you believe will cause your test results to represent you inaccurately (e.g., disability, medical condition, or difficulty comprehending the language of the test, if irrelevant to the test purpose).

    1. If you feel you have a need for special testing arrangements, it is your responsibility to ask for an appropriate accommodation.

    2. It is your responsibility, if you request a special testing accommodation, to do so early enough that the examiner has the opportunity to consider whether to provide it and to make any necessary arrangements.

    3. It is your responsibility to provide documentation for an accommodation if it has been requested.

    4. If an accommodation was requested but is not made, it is your responsibility to notify the examiner, the test publisher, or other administrator if you feel further action is needed about the testing you received.

  5. Know when and where the test will be given, pay for the test if required appear on time with any required materials, and be ready to be tested.

    1. You are responsible for familiarizing yourself with the appropriate materials needed for testing and for requesting information about the materials needed, if it is not provided to you.

    2. If the testing situation requires that you bring materials (e.g., personal identification, pencils, calculators, etc.), it is your responsibility to bring them.

  6. Follow the test instructions you are given and represent yourself honestly during the test.

    1. You are responsible for listening to and/or reading the directions given to you.

    2. It is your responsibility to listen carefully to and to follow all instructions given by test administrator(s).

    3. You are responsible for completing the test as directed.

    4. It is your responsibility to perform to the best of your ability if you want your score to be a reflection of your best effort.

    5. You are responsible for behaving honestly (e.g., not cheating or assisting others who cheat).

  7. Be familiar with and accept the consequences of not taking the test, should you choose not to take the test.

    1. If you want to know the consequences of not taking a test, it is your responsibility to request that information and to ask questions if further information is needed to help you understand them.

    2. If you decline to take a test, you are responsible for that decision and its consequences.

  8. Inform appropriate persons, as specified by the test organization, if you do not understand your results, or if you believe that testing conditions affected your results.

    1. It is your responsibility to seek any information you need to learn about the available way(s) to question or cancel the test score(s).

    2. It is your responsibility to submit a request for review, retest, or cancellation of your test performance, if you feel it misrepresents you.

    3. It is your responsibility to document the reason(s) for any such request that you make.

  9. Ask questions about the limits of confidentiality of your test results.

  10. Present concerns about the testing process in a timely, respectful way.

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