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Chapter 2

Chapter 2. Ethical, Legal, and Professional Issues in Assessment. Ethical Issues in Assessment. Ethical Codes Standards Ethical Decision Making. Ethical Codes: Highlights of APA and ACA (See Boxes 2.1 and 2.2). Choose appropriate instruments: test worthiness Competence: Level A, B, C

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Chapter 2

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  1. Chapter 2 Ethical, Legal, and Professional Issues in Assessment

  2. Ethical Issues in Assessment • Ethical Codes • Standards • Ethical Decision Making

  3. Ethical Codes:Highlights of APA and ACA (See Boxes 2.1 and 2.2) • Choose appropriate instruments: test worthiness • Competence: Level A, B, C • Confidentiality--When to Break: • Danger of harming self or other • If parents have a right to information (usually they do) • If client asks you to break confidentiality • If bound by law (e.g., hired by courts to assess capacity to stand trial) • For supervision • Written agreement from your client to reveal information

  4. Highlight of Ethical Codes (Cont’d) • Cross-cultural sensitivity • Know potential biases of assessment procedures when selecting, administering, and interpreting • Obtain Informed consent • Invasion of privacy • All tests do this, minimize by obtaining informed consent • Proper diagnosis • Be aware of repercussions of diagnosis • Release of test data • Only release to individuals who have the right to the data and won’t misuse it • Use signed release form

  5. Highlight of Ethical Codes (Cont’d) • Test administration • Properly administer as they were standardized

  6. Highlight of Ethical Codes (Cont’d) • Test security • Keep integrity of test content • Test scoring and interpretation • When scoring and interpret understanding limitations of test info.

  7. Standards of Responsible Testing • The following standards speak to the proper administration and interpretation of tests: • The Standards for the Qualifications of Tests Users (ACA, 2003) • Code of Fair Testing Practices in Education (JCTP, 2002) (Appendix B) • Responsibilities of Users of Standardized Tests (RUST) (AACE, 2003)

  8. Standards of the Qualifications of Test Users • Knowledge of theory relevant to the testing context • Understanding of testing theory, techniques of test construction, and test worthiness • Knowledge of test sampling and statistics • Ability to review and select appropriate tests • Skill in administration and interpretation • Knowledge of the impact of diversity on testing • Responsible use of assessment and evaluation practice

  9. Code of Fair Testing Practices in Education • For education in following areas: admissions, educational assessment, educational diagnosis, and student placement • Provides guidance for developing and selecting appropriate tests, administering and scoring tests, reporting and interpreting test results, and informing test taker (see Appendix B)

  10. Responsibilities of Users of Standardized Tests (RUST) • Expands on the ACA’s Code of Ethics (1995) and on the Code of Fair Testing Practices in Education • Speaks to qualifications of examiners in following areas: qualifications needed, technical knowledge, test selection, test administration, test scoring, interpreting test results, and communicating test results.

  11. Making Ethical Decisions • Kitchener’s Moral Model • Autonomy • Beneficence • Nonmalficence • Justice or fairness • Fidelity (loyalty)

  12. Corey, Corey, and Callanan’s (2003) Model • Corey, et al.’s Problem Solving Model: • Identify problem • Identify potential issues involved • Review relevant ethical guidelines • Know relevant laws and regulations • Obtain consultation • Consider possible courses of action • List consequences of various decisions • Decide best course of action. • See Box 2.3, p. 31

  13. Ethical Decision-Making and Cognitive Development • Cognitive development probably affects how one makes a decision • People on a continuum from: • rigid, non-reflective manner of looking at decision making, to • open, deeply reflective decision-making process • People can become more relativistic (less dualistic) over time

  14. Legal Issues in Testing • Americans with Disabilities Act • Accommodations must be made for individuals with disabilities who take tests for employment • Testing must be relevant to job in question • The Buckley Amendment (FERPA) • People have right to educational records, including test records • Carl Perkins Act • Assures rights of select disenfranchised groups to access vocational assessment, counseling, and placement: • Civil Rights Acts (1964 and amendments) • Tests used for employment or promotion must be shown to be suitable and valid for the job in question

  15. Legal Issues in Testing • Freedom of Information Act • Allows access to federal records • States have adopted similar laws. • Health Insurance Portability and Accountability Act (HIPAA) • Restricts info shared without client consent • Allows clients access to their records except for process notes used in counseling

  16. Legal Issues in Testing • Individuals with Disabilities Education Improvement Act (IDEIA) and PL94-142 • Children 2 to 21 suspected of having disability must be tested at school’s expense • Child Study Team: Individuals Education Plan (IEP) • Privileged communication laws • Licensed professional has right to keep info confidential • Jaffee v. Redmond (Box 2.4, p. 34) • Section 504 of the Rehabilitation Act • Testing for federally funded programs must be a reflection of individual’s ability, not disability

  17. Professional Issues in Testing: Associations • Professional Associations • ACA • Association for Assessment in Counseling and Education (AACE) • APA • Division 5: Evaluation, Measurement, and Statistics

  18. Professional Issues in Testing: Testing as a Holistic Process • A good assessment involves a number of different kinds of instruments • Assessment is only a snapshot in time • People change over their lifespan

  19. Professional IssueUsing Tests Wisely: The Marriage BetweenCounseling and Assessment • Some clinicians have been shy about using assessment instruments • However, assessment instruments can add to the counseling process • Use all that is available to you—including assessment instruments

  20. Professional Issue: Cross Cultural Issues in Assessment • Codes and standards help us • understand the cultural bias inherent in tests, • know when a test should not be used because of bias, and • know what to do when test does not predict well for minorities • Laws have impacted on assessment relative to cross-cultural issues • There have been great changes made on the construction of assessment instruments (test worthiness– see Chapter 3)

  21. Pulling it All Together • Discuss scenarios in Box 2.5, p. 36

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