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Regulatory Frameworks & Compliance Flashcards

7 cards from real ATP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Regulatory Frameworks & Compliance flashcards as text

  1. Under FERPA, which entity is considered the 'educational agency or institution' responsible for maintaining education records?

    Answer: Any school receiving Department of Education funds

    FERPA applies to any educational agency or institution that receives funding from the U.S. Department of Education.

  2. The Americans with Disabilities Act (ADA) Title II applies to testing accommodations for which population?

    Answer: Programs of state and local governments

    ADA Title II covers programs, services, and activities of state and local governments, requiring them to provide testing accommodations.

  3. Which federal law specifically governs the confidentiality of substance abuse patient records, affecting employers who use drug testing?

    Answer: 42 CFR Part 2

    42 CFR Part 2 protects the confidentiality of substance use disorder patient records maintained by federally assisted programs.

  4. When a test publisher uses a third-party data processor in the EU, the GDPR requires that the relationship be governed by:

    Answer: A Data Processing Agreement (DPA)

    GDPR Article 28 mandates that controllers use only processors who implement appropriate measures, documented in a binding Data Processing Agreement.

  5. The Uniform Guidelines on Employee Selection Procedures (UGESP) establish the '4/5ths rule' to assess:

    Answer: Adverse impact of selection procedures

    The 4/5ths (80%) rule states that adverse impact is indicated when a protected group's selection rate is less than 80% of the highest group's rate.

  6. In U.S. federal employment testing, which agency primarily oversees the use of polygraph examinations under the Employee Polygraph Protection Act?

    Answer: Department of Labor

    The Department of Labor's Wage and Hour Division enforces the Employee Polygraph Protection Act, which restricts private employer polygraph use.

  7. A test publisher wishing to conduct psychological assessments on children under 13 via an online platform must comply with which U.S. law?

    Answer: COPPA

    COPPA (Children's Online Privacy Protection Act) requires verifiable parental consent before collecting personal information from children under 13 online.