Legal Issues in Truth-in-Testing Legislation

This article explores the history of “truth-in-testing” legislation nationally, and the educational, legal, and political consequences of law enacted in California and New York. It describes in detail the requirements of existing law and proposed legislation to require public filing of standardized admission tests. Conclusions are drawn concerning the efficacy of existing law, the adequacy of agencies’ response to the law, and the prospects for broader legislation in the future. A major finding is that the New York law establishes a de facto national standard for “limited” test disclosure (i.e., disclosure of some but not all tests). Even though New York has experienced difficulty in implementing this statute, the law demonstrates that legislation requiring “limited” test disclosure is feasible for many, if not all, standardized admissions tests. However, several complex legal and Constitutional issues related to due process and property rights remain unresolved.