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Legal and Ethical Implications for Assessment

Legal and Ethical Implications for Assessment. What Educational Counselors need to know. Overview of Unit.

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Legal and Ethical Implications for Assessment

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  1. Legal and Ethical Implications for Assessment What Educational Counselors need to know

  2. Overview of Unit During this unit we will be discussing Law and Ethics as it relates to assessment. The history of the laws that dictate how we assess will be reviewed as well as ethical implications for educators. Bias in Assessment will also be discussed which will include the Cultural test bias hypothesis and other related topics. Accommodations for Assessment will be presented with a discussion of all categories of disabilities.

  3. Ethics • Code of Fair Testing Practices in Education • Fairness is a primary consideration in all aspects of testing. • Applies broadly to testing in education (admissions, educational assessment, educational diagnosis, and student placement). • Directed primarily at professionally developed tests used in formally administered testing programs. • The code addresses the roles of test developers and test users separately.

  4. Code of Professional Responsibilities in Educational Measurement • Code of Professional Responsibilities in Educational Measurement • Responsibilities of those who select assessment products and services. • Responsibilities of those who administer assessments. • Responsibilities of those who score assessments • Responsibilities of those who interpret, use, and communicate assessment results

  5. Confidentiality • Confidentiality • What responsibilities does a school counselor have when it comes to confidentiality? • How do they often times fail at being responsible when it comes to securing confidentiality? • What about electronic tests?

  6. Laws • Family Education Rights and Privacy Act (FERPA) • The Health Insurance Portability and Accountability Act (HIPAA) • Privileged Communication • The Freedom of information Act

  7. Laws (cont.) • Civil Rights Act • Americans with Disabilities Act (ADA) • Individuals with Disabilities Education Improvement Act (IDEIA) • No Child Left behind Act of 2001 (NCLB) • Protection of Pupil Rights Act (PPRA) • Section 504 of the Rehabilitation Act

  8. Common Applications of Educational Assessments • Student Evaluation • Instructional Decisions • Selection, Placement and Classification Decisions • Policy Decisions • Counseling and Guidance Decisions

  9. Bias Issues in Assessment • Test Bias and Fairness • Test Bias and Inappropriate Test Administration and Use • List of Objections (ABP) • Inappropriate Content • Inappropriate Standardization Samples

  10. Bias Issues in Assessment (cont.) • Examiner and Language Bias • Inequitable Social Consequences • Measurement of Different Constructs • Differential Predictive Validity • Qualitatively Distinct Aptitude and Personality

  11. Bias Issues in Assessment (cont.) • Cultural Test Bias Hypothesis: • Cultural Loading • Culture Free Tests (or culture fair) Intelligence Tests • Cultural Bias with regards to Mental Tests

  12. Categories of Disabilities (13) • Specific Learning Disability (SLD) • Speech or Language Impairment (SLI) • Mental Retardation (MR) • Emotional Disturbance (ED) • Other Health Impaired (OHI) • Multiple Disabilities (MD) • Hearing Impairment (HI)

  13. Categories of Disabilities (cont.) • Orthopedic Impairments (OI) • Autism • Visual Impairments Including Blindness (VI) • Deaf-Blindness (DB) • Traumatic Brain Injury (TBI) • Developmental Delay (DD)

  14. Accommodations for Assessment (IDEA) • Assessment Accommodations • When are accommodations necessary and NOT necessary?

  15. Accommodations for Assessment (IDEA) • Strategies of Accommodations • Modifications of Presentation Format • Modifications of Response Format • Modifications of Timing • Modifications of Setting

  16. Last thoughts Assessment of ELL students Reporting Results of a Modified Assessment

  17. Resources Whiston, S. C. (2008). Principles and applications of assessment in counseling (3rd ed.). Belmont, CA: Brooks/Cole. Neukrug, E., & Fawcett, R. (2010). Essentials of testing and assessment: a practical guide for counselors, social workers, and psychologists / Edward S. Neukrug, R. Charles Fawcett. Australia ; Belmont, CA : Thomas/Brooks/Cole, c2010. Reynolds, C. R., Livingston, R. B., & Wilson, V. (2009). Measurement and Assessment in Education (2nd ed.). New Jersey: Pearson Education, Inc.

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