Legal and Ethical Issues in Assessment

1. Legal and Ethical Issues in Assessment Ignorance is no defense

2. Ethics

3. 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

4. Invasion of Privacy • Informed consent • Relevance

5. Right to Results • Regardless of scoring mechanism, counselors are responsible to provide appropriate explanations • Must interpret in terms that client can understand

6. Least Stigmatizing Label • If categories are used, must be described precisely • 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

7. Computerized Assessment • Ethical issues in the use of computerized assessment

8. Legal Issues in Assessment

9. Civil Rights Act of 1991 • Griggs v. Duke Power Company • If instrument has an adverse or disparate impact, employer must show that hiring procedures are job related • Brought about stronger focus on validity of employment tests

10. Ban on separate norms • U. S. Employment Services used separate norms for African Americans and Hispanics on GATB • Act said this is illegal

11. Policies and Procedures for Processing Complaints of Ethical Violations • ACA • Consult with colleagues • Clients can charge • Must indicate specific ethics violated • Due process

12. Disabilities Acts • American with Disabilities Act of 1990 • Focus on employment and unemployment testing • Fair measures and assessment procedures needed

13. 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

14. Family Rights and Privacy Act of 1974 • 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

15. 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

16. 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 years

17. 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 legislation

18. Litigation

19. 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

20. Minimum Competency • Minimum competency – kids graduating from high school and can’t balance check book • Controversy centers on discrimination • Debra P. v. Turlington (1981) in FL

21. Ruling set precedent about need for relationship between curriculum and minimum competency testing • If students not taught material covered on test, students’ Constitutional rights (equal protection and due process) are violated

22. 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