Legal and Ethical Issues in Assessment

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					Legal and Ethical Issues in
Ignorance is no defense
Sources for Ethical Decisions
• ACA Code of Ethics and
  Standards of Practice
• Code of Fair Testing
  Practices in Education
• Standards for School
  Counselor Competence in
  Assessment and Evaluation
• Other Resources
Invasion of Privacy
• Informed consent
• Relevance
Right to Results
• Regardless of scoring
  mechanism, counselors are
  responsible to provide
  appropriate explanations
• Must interpret in terms that
  client can understand
Least Stigmatizing Label
• If categories are used,
  must be described
• Sometimes diagnosis is
  related to treatment and
  even if counselor is trying
  to be helpful, it is both
  illegal and unethical to
  change a diagnosis
Computerized Assessment
• Ethical issues in the use of
  computerized assessment
Legal Issues in Assessment
Civil Rights Act of 1991
• Griggs v. Duke Power
  – If instrument has an adverse
    or disparate impact,
    employer must show that
    hiring procedures are job
  – Brought about stronger focus
    on validity of employment
• Ban on separate norms
  – U. S. Employment Services
    used separate norms for
    African Americans and
    Hispanics on GATB
  – Act said this is illegal
Policies and Procedures for
Processing Complaints of Ethical
• Consult with colleagues
• Clients can charge
• Must indicate specific
  ethics violated
• Due process
Disabilities Acts
• American with Disabilities
  Act of 1990
  – Focus on employment and
    unemployment testing
  – Fair measures and
    assessment procedures
• Individuals with Disabilities
  Education Act of 1997
  – PL 94-142
  – Use variety of tools and
    strategies, no single
    procedure, technically
    sound instruments
  – Attend to multicultural issues
Family Rights and Privacy Act of
• Student right to privacy
• No release of records
  without permission
• Counseling records kept in
  separate locked cabinet
  and accessible only to the
  counselor are not
  considered part of
  educational record
• Without parental
  permission kids cannot be
  given psychological testing
  or treatment that may
  reveal information
  concerning mental and
  psychological problems
  potentially embarrassing to
  student or student’s family
Health Insurance Portability and
Accountability Act of 1996 (HIPPA)
• Very complicated
• Concerns security and privacy
  of health information
• State laws take precedence
• If involved with third party
  payment, HIPPA is involved
• Must develop, maintain, and
  account for disclosures of
  private client information for 6
Truth in Testing
• New York state
• Nadar and SAT
• Mandated that if student
  asked, copy of questions
  and correct answers must
  be provided
• Only CA passed similar
Test Bias and Placement
• Issue is use of intelligence tests
  with African American students
  because of discrimination
• Larry P. v. Riles (1979)- Judge
  Peckham bans use of
  intelligence testing in CA
  because discriminatory
• PASE v. Hannon (1980)– judge
  ruled opposite way
• 1992, Judge Peckham lifts ban
Minimum Competency
• Minimum competency –
  kids graduating from high
  school and can’t balance
  check book
• Controversy centers on
• Debra P. v. Turlington
  (1981) in FL
– Ruling set precedent about
  need for relationship
  between curriculum and
  minimum competency
– If students not taught
  material covered on test,
  students’ Constitutional rights
  (equal protection and due
  process) are violated
Right to Privacy
• Soroka et al. v. Dayton-Hudson
  Company (1991)
  – Target used personality inventory
    for employment screening
  – Court ruled that constitutional right
    to privacy and statutory prohibition
    against improper inquiries and
    discriminatory conduct was
    violated by asking about religious
    beliefs and sexual orientation

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