"Ethics and Legal Issues in Assessment Lyle Holin II"
1 Ethics and Legal Issues in Assessment Lyle Holin II 2 Laws vs.Ethics Laws – body o rules. Ethics – body of principles that address proper conduct. Difference? 3 ACA Code of Ethics http://www.counseling.org/ethics Appendix C of book p. 419 4 Other Codes of Ethics American School Counselors Association (ASCA) National Career Development Association Commission of Rehabilitation Counselors Certifications (for DARS) “The Standards” – Standards for Educational and Psychological Testing 5 Limits of Competence 6 Appropriate Use 7 Invasion of Privacy Right to privacy Right of non-disclosure Explained in common language – “malfeasance”, “confidentiality”, “non-disclosure” 8 The Right to the Results ACA Code of Ethics E.1.b. “ … respect the client’s right to know the results, the interpretations made, and the bases for counselors’ conclusions and recommendations.” 9 The Right to Confidentiality Only counselor and client have access to the results unless you have the client’s consent. 10 The Right to the Least Stigmatizing Label The Standards - “..least stigmatizing label, consistent with accurate representation, should always be assigned.” Insurance rammifications Warning: diagnosing for payment assistance from insurance. DON’T DO IT!!! 11 1 10 DON’T DO IT!!! 11 Civil Rights Act of 1991 Established Equal Employment Opportunity Commission (EEOC) – developed guidelines for equal employment. Employment tests must be connected to the duties of the job. (in order to not discriminate). Must not have varied cutoff rates for different categories (sex, ethnicity) 12 Americans with Disabilities Act of 1990 (ADA) Bans discrimination in employment and in access to public services based on disabilities. Tests must be administered with reasonable accommodations. Important to know when advocating for clients (depending on your role as a counselor). 13 Individuals with Disabilities Education Act of 2004 (IDEA) Children under 21 must be tested by the state if there is a suspicion of a disability. Created Individualized Education Plan (IEP) – cooperatively decided plan on education for children. 14 Family Education Rights and Privacy Act of 1974 (FERPA) Provides right regarding test data. Students are not required to submit to psychological testing which may prove embarrassing. Virginia Tech controversy – does this right endanger the public? 15 Health Insurance Portability and Accountability Act of 1996 HIPAA How psychological and medical information may be used and how agencies get that information. Exceptions – child abuse, adult abuse, threats to health, workers compensation, courtroom hearings. 16 Affirmative Action in Education California vs. Bake – Supreme Court ruled White student, Bake, should be allowed in due to different MCAT scores for minorities. Grutter vs. Bollinger e al. – Universities CAN consider race in admission to obtain benefits of racially diverse student body. 2