Disclaimer: This post is NOT to be taken as legal advice. I am not a lawyer or a recognized expert on this topic. This is simply a collection of publicly available information in order to help guide you in the understanding of test disclosure guidelines. All resources are sourced for your information as well as the provision of contact information to verify the sources.
Now that that's out of the way. I occasionally get asked questions about whether or not test materials (record forms; response booklets) are to be disclosed upon parental request in psychoeducational cases in Ontario/Canada. I am actually hosting a brief discussion on the topic tomorrow and have put together a resource that I thought might be useful for everyone in our shoes.
The document I have put together includes an examination of three of major Canadian test publishers disclosure agreements, CPA's opinion on the topic, the colleges reported thoughts (from their website's search system), as well as a look at PIPEDA and Ontario based legislation. It would seem pretty clear that record forms are NOT to be disclosed unless the scores themselves can be separated from the item content.
I have posted a PDF (HERE) that summarizes the details from each of these sources. The original source is provided for each item as well so that you can check it all out yourself.
*EDIT* Just a note that a slight modification of this document was made on Friday January 26th at 10pm eastern as a result of a personal communication with a CPO member discussing their current stance on test disclosure guidelines *END EDIT*
I also suggest you review the full test disclosure recommendation form at CPA by CLICKING HERE and the Psynopsis article written by an actual legal consultant by CLICKING HERE.
An interesting discussion point would be whether we must include this on our future consent forms. We could likely assume that our clients are not aware of these privacy stipulations.
