express the values on which counselors build their practice and provide a framework for responsible...

Legal and Ethical Concerns and

Issues in Testing(Chapter 17)

Yvonne GardeaLiz Nuñez

Sonia OrtegaApril Truax

Professional Standards and Codes of Ethics

• Express the values on which counselors build their practice and provide a framework for responsible test use.

• To become effective individuals must be committed to the ethical standards of their profession and follow them in their practice.

• Developed to promote responsible professional practice in psychological testing and assessment.

• Codes provide guidelines for professionals, but do not provide answers to all ethical dilemmas.

American Counseling Association (ACA) Code of Ethics

Members work in a variety of settings and serve in multiple capacities.

Serves to clarify the ethical responsibilities of its members as well as describe best practices in the counseling profession.

Emphasizes that counselors should use assessment instruments as one component of the counseling process, taking into account the client’s personal and cultural context.

ACA Code of Ethics

Section E: Evaluation, Assessment, and Interpretation (Table 17.1 pgs. 364-366)› General› Competence to Use and Interpret Assessment Instruments› Informed Consent in Assessment› Release of Data to Qualified Professionals› Diagnosis of Mental Disorders› Instrument Selection› Conditions of Assessment Administration› Multicultural Issues/Diversity in Assessment› Scoring and Interpretation of Assessments › Assessment Security › Obsolete Assessments and Outdated Results › Assessment Construction› Forensic Evaluation: Evaluation for Legal Proceedings

Standards for Educational and Psychological Testing

The Standards› American Educational Research

Association (AERA)› American Psychological

Association (APA) › National Council on Measurement

in Education (NCME)

The Standards – AERA, APA, NCME

Provides test developers and test users with assistance in evaluating the technical adequacy of their instruments for educational and psychological assessment.

The intent is to promote the sound and ethical use of tests and to provide criteria for the evaluation of tests, testing practices, and the effects of test use.

Organized into 3 parts: › Test Construction, Evaluation, and Documentation› Fairness in Testing› Testing Applications

American Psychological Association (APA)

• Ethical Principles of Psychologists and Code of Conduct

• Consists of 11 ethical standards• Known as rules of conduct for

psychologists

Ethical Principles of Psychologists and Code of Conduct

1. Recommendations should have sufficient documentation

2. Use valid and reliable assessment techniques

3. Obtain informed consent 4. Do not release test results without

client’s permission5. Follow ethical procedures in test

construction

Ethical Principles of Psychologists and Code of Conduct (continued)

6. Explain test results in client’s native language

7. Deny use of assessment techniques by unqualified examiners

8. Deny use of outdated test results9. Scoring and interpreting tests procedure

must be valid and reliable10. Use valid and reliable procedures to

explain assessment results11. Maintain integrity and security of tests

Responsibilities of Users of Standardized Tests (RUST)

Set of guidelines used to promote the accurate, fair, and responsible use of standardized tests

Developed by the Association for Assessment in Counseling (AAC)

Designed to avoid test errors

The Code of Fair Testing Practices in Education

Provides guidance for test developers and test users in four areas:

1. Developing & Selecting Appropriate Tests

2. Administering & Scoring Tests3. Reporting & Interpreting Test Results4. Informing Tests Takers

Ethical Issues in Assessment

Who is Responsible for Appropriate Use?

ACA Code of Ethics Section E.2.b

“Counselors are responsible for the appropriate application, Scoring, interpretation, and use of assessment instruments relevant to the needs of the client, whether they score and interpret such tests themselves or use technology or other services”

Professional Training and Competence

Professionals must be qualified to Select Administer Score Interpret tests

Different levels of Competency

High Level

Wechsler ScalesThematic Apperception TestRorschach

Guidelines for Competencies of Tests Users

Understand basic measurement concepts Understand basic statistics of measurement Compute and apply measurement formulas Read, evaluate, and understand test manuals and

reports Follow exactly as specified the procedures for

administering, scoring, and interpreting a test Compare and contrast different types of test scores

their strengths and weaknesses

Test-User Qualifications

Combination of Knowledge Skills Abilities Training Credentials optimal for using tests

ACA Standards for the Qualifications of Test Users

1. Skill in practice and knowledge of theory relevant to the testing context and type of counseling specialty

2. A thorough understanding of testing theory, techniques of test construction, and test reliability and validity.

3. A working knowledge of sampling techniques, norms, and descriptive, correlational, and predictive statistics.

4. Ability to review, select, and administer tests appropriate for clients or students and the context of the counseling practice.

5. Skill in administration of tests and interpretation of test scores

6. Knowledge of the impact of diversity on testing accuracy, including age, gender, ethnicity, race, disability, and linguistic differences

7. Knowledge and skill in the professionally responsible use of assessment and evaluation practice.

Qualify to Purchase Tests

Classification A-level: Test Users NOT required advanced training in

the test administration and interpretation to purchase. Ex. attitude and career exploration tests.

B-level: Graduate Degree in psychology, counseling, education or related disciplines. Completed specialized training or coursework in testing, member of a professional organization. Ex. General intelligence tests and interest inventories

C-level: B-level qualifications plus a doctorate degree in psychology or a related discipline Ex. Intelligence test, personality tests, and projective measures

Client Welfare Issues

Because assessment can have a profound effect on clients’ lives, counselors need to consider clients’ rights in this process.

http://www.apa.org/science/ttrr.html

Legal Issues in Assessment

Statutes- Laws written by legislative bodies.

Regulations- Laws created by government agencies.

Judicial decisions-Laws created by opinions from the court, often in litigation cases

Some statutes and regulations have

implications for assessment.

Americans with Disabilities Act of 1990

Passed for Americans who have some form of disability.

Extending testing time Providing written materials in large pring,

Braille or audiotape Providing readers or sign language

interpreters Holding test administrations in accessible

locations Using assistive devices

Civil Rights Act of 1991

Civil Rights Act of 1991 outlaws discrimination in employment based on race, color, religion, gender, pregnancy, or national origin.

Developed strict guidelines on employment tests

Tests have to demonstrate “a reasonable measure of job performance”

Family Educational Rights and Privacy Act of 1974 (FERPA)

FERPA protects the privacy of student records, giving parents certain rights with respect to their children’s education records.

The right to examine their children’s academic records.

Access to assessment information

Individuals with Disabilities Education Improvement Act of 2004 (IDEA)

This law requires that each state have a comprehensive system for identifying, locating, and evaluating children of ages birth to 21 with disabilities.

Provide children with special education services

IDEA mandates that schools utilize several scientifically based assessments and instructional and behavioral interventions to determine whether students have a SLD, therefore qualifying them for SPED services.

Health Insurance Portability and Accountability Act of 1996 (HIPPA)

Three main purposes: To guarantee insurance portability To increase protection against fraus in the

insurance industry To institute new regulations regarding the

security and privacy of health information Privacy regulations establish that personal

health information to include assessment information must be kept confidential

No Child Left Behind Act of 2001(NCLB)

NCLB contains four basic education reform principles:

Stronger accountability Increased flexibility and local control Expanded options for parents Emphasis on teaching methods that have

been proven to work NCLB significantly raises expectations for

states, local schools, in that all students are expected to meet or exceed standards

Card D. Perkins Vocational and Technical Act of 2006

Provides federal funding and guidance for career and guidance, for career and technical education with a focus on student achievement and preparing students for careers and postsecondary education.

Career and technical education programs will be held accountable for improvement in performance, measured by academic proficiency.

Success will be determined through valid and reliable tests, including NCLB assessments in reading, math and science.

Judicial Decisions Involving Educational Assessment

Laws created by opinions from the court, often in litigation cases

Larry P. v. Riles (1974,1979,1984) Diana v. California State Board of

Education (1973,1979) Debra P. v. Turlington (1979,

1981,1983,1984) Sharif v. New York State Educational

Department (1989)

Judicial Decisions Involving Employment Tests

Griggs v. Duke Power Company (1971)

Washington v. Davis (1976)

Bakke v. California (1978)