At present, professional norms and legal action (through administrative enforcement or litigation) are the principal mechanisms available to enforce appropriate test use. These mechanisms are inadequate. Compliance with provisions of the Joint Standards for Educational and Psychological Testing and the Code of Fair Testing Practices in Education is largely voluntary, and enforcement is often weak. Legal action is typically adversarial, time-consuming, and expensive, and applicable law can vary by jurisdiction, making enforcement uneven.
New methods, practices, and safeguards could take any of several forms, but in general they would appear at various points on a continuum between professional norms and legal enforcement, some less coercive, some more so. Deliberative forums, an independent oversight body, labeling, and federal regulation represent a range of possible options that could supplement professional standards and litigation as means of promoting and enforcing appropriate test use.
The committee is not recommending adoption of any particular strategy or combination of strategies, nor does it suggest that these four approaches are the only possibilities. We do think, however, that ensuring proper test use will require multiple strategies. Given the inadequacy of current methods, practices, and safeguards, there should be further research