Ethics in Special Education

1. Ethics in Special Education Assessment and Testing and Maintenance of Student Information 4/3/2001

2. Much of the practice in assessment of students is the result of legislation, regulations, and litigation. 4/3/2001

3. Principle 1. Responsibility for the consequences for professional work. • Assessment data can significantly affect a person’s life opportunities. • Professionals who assess must assume the responsibility for the results. • Professionals who interpret results must assume responsibility for their reports. 4/3/2001

4. Principle 2 Recognizing the boundaries of professional competence. • Regularly engage in professional development. • Regularly engage in self assessment. • Maintain sensitivity to students differences and engage in ethical testing. 4/3/2001

5. Principle 3 Confidentiality. • Everything you learn about a student is confidential. • Information may be released ONLY with permission of the student, guardians, or parents. • Confidentiality extends to storage and disposal of records. 4/3/2001

6. Principle 4 • Adhere to standards for test use. • Use only tests that are appropriate. • Refuse to use inadequate tests. 4/3/2001

7. Principle 5 • Test security. • Contents of tests and test questions are not to be revealed. • Correct responses to tests are not to be revealed. 4/3/2001

8. Family Educational Rights and Privacy Act: Buckley Amendment (1974) • Any educational agency that accepts federal money must grant parents the right to inspect and challenge student records. • If the records are inaccurate, they have the right to correct them. • The only records not accessible to parents or students are notes kept in the sole possession of the note maker. 4/3/2001

9. Buckley Amendment, Cont. • Students over 18 have control over their records. • Educational agencies must not release identifiable information without written consent from students (over 18) or parents. • Violators are subject to sanctions such as withdrawal of federal funds. 4/3/2001

10. Collection of Student Information • Three classes of information. • Class A: basic minimal information needed to operate an educational program. • Includes name, address, parents’ names, grades completed, progress reports, attendance, etc. 4/3/2001

11. Class B: test results and other verified information useful in planning an educational program and maintaining a student safely in school. • Available medical and pharmacological data, information about allergies, chronic conditions. • Intelligence test data if it leads to special programming, aptitude or ability data, observation data, counselor ratings, information about a student’s background and family. • This is only included if it is necessary for a relevant educational program. 4/3/2001

12. Class C information: • Information that may be potentially useful. • It may not be validated. • Verification of test data is a valid and reliable assessment • Verification of an observation is another rater agreement • It is kept until it is considered class B or until it is removed from the student’s record 4/3/2001

13. Consent • Representational consent is sufficient for collection of class A information and certain types of class B information (such as certain aptitude and achievement tests). • Individual informed consent is necessary for all other class B and class C data. 4/3/2001

14. Informed Consent • Informed consent assumes that the parent or student giving the consent is “reasonably competent” to understand the nature and consequences of the decision. • Needed for family information: religion, income, occupation, personality data, and other non-educational data. • Needed for testing that has the potential to change a placement or to label 4/3/2001

15. Notice requesting informed consent must be obtained for ANY research. • Consent must inform parents of purpose and procedures. • Any risks involved. • Assurance that all participants will remain anonymous. • Participant’s option to withdraw at any time. 4/3/2001

16. Maintaining Records • Principle 1. Retention of records should be kept only if there is a continuing need for it. • Only class A and class B information should be retained. • Educational records should be periodically examined and only educationally relevant information should be retained. 4/3/2001

17. Principle 2. Parents have right of inspection of maintained records at any time. • First granted in Pennsylvania (1972) as part of PARC case. • Extended to all with Buckley amendment. • Parents may challenge, add, and correct. 4/3/2001

18. Principle 3. Assurance of protection from inappropriate snooping. • Both inside and outside the school system. • Curiosity does not count as legitimate. • Should be kept in locked cabinets or in password protected files with a firewall. • Persons inspecting the files shall sign and date a log (kept with the file). 4/3/2001

19. Access to Persons Outside of School • Information may not be released without: • 1. Express written permission of student or parents • 2. A subpoena (parents or students must be notified that the school is complying with the court order.) 4/3/2001

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