Maryland Law Review Volume 39 | Issue 1 Article 5 Regarding Psychologists Testily: Legal Regulation of Psychological Assessment in the Public Schools Donald N. Bersoff Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Constitutional Law Commons Recommended Citation Donald N. Bersoff, Regarding Psychologists Testily: Legal Regulation of Psychological Assessment in the Public Schools, 39 Md. L. Rev. 27 (1979) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol39/iss1/5 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact
[email protected]. REGARDING PSYCHOLOGISTS TESTILY: LEGAL REGULATION OF PSYCHOLOGICAL ASSESSMENT IN THE PUBLIC SCHOOLS* DONALD N. BERSOFF** From its beginnings in World War I, the use of psychological tests has become so widespread that it is likely that every person in the United States has been affected in some way by the results of such tests.' Testing has become the means by which major decisions about people's lives are made in industry, hospitals, mental health clinics, the military, and, most pertinent here, the public schools. Tests themselves, by and large, are facially neutral. They do not inherently discriminate against those who take them and, undoubtedly, scores derived from tests have been used to admit, advance, and employ. For most people, however, test results have served as exclusionary mechanisms - to segregate, institutionalize, track, and deny access to desired goals.