CNG D.C. Event: A Robust Update on Legal Topics Concerning Certification Programs

When
20 Jun 2018
9:30 AM - 12:00 PM
Location
Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, NW Washington, DC 20036

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UPDATE:

Handouts for this event are linked below:

Interim Rule on Secure Tests

GOOD COUNSEL: IS YOUR WEBSITE OPEN TO ALL?

Statutory and Regulatory Provisions for Certification Entities under Title III of the Americans with Disabilities Act

Two Kinds of ADA Issues for Certification Organizations

Session Description: Join CNG for a robust update on several legal topics concerning certification programs. The following topics will be presented:

Topic: Occupational Licensing Review Legislation – Louisiana’s Legislative Challenge to Certification and the Development of a Rapid Response Coalition

Speaker: Craig Saperstein, Counsel with Pillsbury’s Public Policy practice. Craig assists clients in developing and implementing sophisticated government relations strategies at the federal and state levels that are geared to provide a demonstrable return on investment. Click here to view Craig Saperstein's profile.

Co-Speaker: Denise Roosendaal, a thirty-year veteran of association management. She has served as Executive Director for the Institute for Credentialing Excellence for over six years. Click here to view Denise Roosendaal's profile.

This topic will be an overview of legislative attempts in Louisiana to restrict governmental recognition of private certifications in state licensure laws, as well as challenges to the use of voluntary certification titles. Using Louisiana’s recent legislative session as a case study, the topic will discuss the impetus for this legislation as well as strategies for countering it. The topic will also describe the impact of building rapid response coalitions of national and local organizations when such threats arise. Craig Saperstein, Counsel with Pillsbury’s Public Policy practice, will be joined by a client member of the coalition that Pillsbury formed in response to the Louisiana legislation.

Topic: Two Kinds of ADA Issues for Certification Organizations: Digital Accessibility, and Handling Testing Accommodation Requests

Speaker: Julia Judish, Special Counsel with Pillsbury’s Employment and Non-Profit Organizations practices. Julia serves as a trusted advisor on all facets of the employment relationship, on nonprofit governance, and on certification matters. Julia provides critical and strategic counseling to private sector employers, nonprofit organizations, and government contractors. Click here to view Julia Judish's profile.

This topic will cover how certification organizations should comply with two mandates of the Americans with Disabilities Act. As public accommodations, certification organizations must ensure that their websites meet digital accessibility standards. The topic will discuss the rise in litigation over website accessibility and best practices for ensuring accessibility in a world of rapidly changing technology. In addition, the ADA imposes specific requirements on organizations offering examinations and courses; the topic will discuss the extent and limits of the obligations to undertake these sometimes costly measures and what documentation certification organizations can and should require of an individual requesting a testing accommodation.

Data Protection and Privacy Primer for Certification Organizations

Speaker: Meighan O’Reardon, Counsel with Pillsbury’s Global Sourcing and Technology Transactions practice and member of the firm’s Cybersecurity, Data Protection and Privacy Team. Meighan is an experienced technology and data privacy attorney recognized by The Legal 500 U.S. as a Next Generation Lawyer for Ourtsourcing, with a practice focused on negotiating and managing complex services transactions across multiple industries, nost notably in the financial services and healthcare sectors. Click here to view Meighan's full profile.

This topic will be focused on key data privacy and protection legal authorities and industry standards that certification professionals should understand. We will focus on the types of sensitive information typically held by certification organizations, including certification testing data and other personal information, and the associated obligations to protect such data. The topic will also include a discussion of best practice approaches for compliance with the variety of privacy and data protection legal obligations and will address U.S. data protection obligations as well as the EU’s General Data Protection Regulations (“GDPR”).

Topic: Secure Test Item Group Copyright Registration: What the New Rules Mean for Certification Organizations, and What Changes Are Coming Next

Speaker: Julia Judish, Special Counsel with Pillsbury’s Employment and Non-Profit Organizations practices. Julia serves as a trusted advisor on all facets of the employment relationship, on nonprofit governance, and on certification matters. Julia provides critical and strategic counseling to private sector employers, nonprofit organizations, and government contractors. Click here to view Julia Judish's profile.

This topic will review the options available to certification organizations under new Copyright Office rules allowing for group registration of secure test items that are stored in item banks. The topic will describe the strategies used by concerned certification and testing organizations to respond to the Copyright Office’s initial and disruptive interim rule changing the Office’s approach to registration of secure tests, and the experiences come certification organizations have had using the new procedures. In addition, the topic will preview likely changes to the definition of secure tests and will discuss what is at stake in that rulemaking.

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