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Understanding Online Testing and the Fourth Amendment of the US Constitution


Recorded May 2023


Rachel Schoenig – Chief Security Officer, Examity. CEO, Cornerstone Strategies
Donald Balasa – CEO and House Legal Counsel, American Association of Medical Assistants
Camille Thompson – Vice President, Test Security at The College Board
Marc Weinstein – Managing Attorney, Marc J. Weinstein PLLC.

A recent decision from a federal court in the Eastern District of Ohio addressed whether a room scan prior to testing online violated a student’s Fourth Amendment constitutional rights. Given the increasing importance of fair access to online learning and assessment for students, it’s critical for learning institutions and testing programs to understand the implications of the court’s decision. For example:

  • How broadly does this case apply to online assessments? 
  • What are the best practices learning institutions can use for online testing and proctoring? 
  • What are the benefits to using room scans during online testing?