Yes and no.  They are fair in that the tests are administered under the same requirements (time, space, bubble sheets, pencils, etc.) and are the same questions.  They are unfair in that not all students have been exposed to the same information.  For example, one class has covered all the multiplication tables and another class has not.  If multiplying 9 x 8 is required for a problem, students who haven’t learned that information are at a disadvantage.  This example is just one kind of potential deficit.  Data show that students in wealthy neighborhoods are ahead of students in low-income neighborhoods.