Ethics and Legal Issues in Assessment Lyle Holin II

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					 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!!!
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       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.




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