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.
3 ACA Code of 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
“The Standards” – Standards for Educational and
5 Limits of Competence
6 Appropriate Use
7 Invasion of Privacy
Right to privacy
Right of non-disclosure
Explained in common language – “malfeasance”,
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.”
Warning: diagnosing for payment assistance from insurance.
DON’T DO IT!!!
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,
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
15 Health Insurance Portability and Accountability Act of 1996
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
Grutter vs. Bollinger e al. – Universities CAN consider race in
admission to obtain benefits of racially diverse student body.