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Chapter 2

Ethical, Legal, and

Professional Issues in Assessment

Ethical Issues in Assessment

ACA and APA Code Review Choosing Appropriate

Instruments Competence Confidentiality Cross-cultural Sensitivity Informed Consent

ACA and APA Code Review Invasion of Privacy Proper Diagnosis Release of Test Data Test Administration Test Security Test Scoring and

Interpretation

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Ethical Issues in Assessment (Cont’d)

Choose appropriate instruments: test worthiness

Competence: Level A, B, and C; Read p. 22

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

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Ethical Issues in Assessment (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

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Ethical Issues in Assessment (Cont’d)

Test administration Properly administer as they were standardized

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Ethical Issues in Assessment (Cont’d)

Test security Keep integrity of test content

Test scoring and interpretation When scoring and interpret, understand limitations

of test info.

See Appendix A for list of ethical code websites

See Appendix B for Assessment Sections of ACA’s and APA’s Codes of Ethics

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Standards for Responsible Testing Practices*

Standards of Qualification of test Users

Responsibilities of Users of Standardized Tests

Standards for Multicultural Assessment

Code of Fair Testing Practices (see Appendix C)

Rights and Responsibilities of Test Takers

Competencies in Assessment and Evaluation for School Counselors

Standards for Educational and Psychological Testing

* See Purpose, Developed by, and Reference for on pp. 25-26

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Making Ethical Decisions

Moral Model Autonomy Beneficence Nonmalficence Justice or fairness Fidelity (loyalty) Veracity

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Making Ethical Decisions (Cont’d)

Corey, et al.’s Problem Solving Model:1. Identify problem

2. Identify potential issues involved

3. Review relevant ethical guidelines

4. Know relevant laws and regulations

5. Obtain consultation

6. Consider possible courses of action

7. List consequences of various decisions

8. Decide best course of action.

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Making Ethical Decisions (Cont’d)

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

See Box 2.1, p. 27

Do Box 2.5, p. 36

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Legal Issues in Assessment

Family Education Rights and Privacy Act (FERPA) Applies to all schools that receive federal funds People have right to educational records, including test

records

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

Privileged communication laws Licensed professional has right to keep info confidential Jaffee v. Redmond (Box 2.2, p. 29)

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Legal Issues in Assessment

Freedom of Information Act Allows access to federal records States have adopted similar laws

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 See Box 2.3 (p. 30): Civil Rights and High Stakes

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

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Legal Issues in Testing

Individuals with Disabilities Education Improvement Act (IDEIA) Children 3 to 21 suspected of having disability must be

tested at school’s expense Child Study Team: Individuals Education Plan (IEP)

Section 504 of the Rehabilitation Act Testing for federally funded programs must be a

reflection of individual’s ability, not disabilityCarl Perkins Act of 2006 Assures rights of select disenfranchised groups to

access vocational assessment, counseling, and placement for “special populations.”

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Professional Issues: Associations

ACA Association for Assessment in Counseling and

Education (AACE) Journal: Measurement and Evaluation in

Counseling and Development

APA Division 5: Evaluation, Measurement, and

Statistics Journals: Psychological Assessment;

Psychological Methods

Professional Issues: Accreditation

Professional organizations created curriculum standards to ensure adequate training in assessment

Organizations w/ standards:

American Psychological Association

National Association of School Psychologists

Council for the Accreditation of Counseling and Related Educational Programs

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Professional Issue: Forensic Evaluations

Addresses need of accurate assessments for courts

Areas addressed: See Box 2.4, p. 34

Forensic psychologists and forensic evaluators credentialing:

Counselors and Social Workers: Certification through National Board of Forensic Evaluators (NBFE)

Psychologists: Diplomate in the Am. Board of Forensic Psychology

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Professional Issue: Assessment As A Holistic Process

Avoid using one test score in making decisions

Remember: individual's motivation, intention, and focus will affect scores

Assessment not a static process—ongoing

People do change!

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Professional Issue: Cross Cultural Issues in Assessment (Cont’d)

Examine Quality and Usefulness of Assessment Instruments and remember following ten points:

1. Assume that all tests hold some bias.

2. Be in touch with your own biases and prejudices.

3. Only use tests that have been shown to be constructed using sound research procedures.

4. Only use tests that have good validity and reliability.

5. Know there are times when it is appropriate to test and times when it is not.

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Professional Issue: Cross Cultural Issues in Assessment (Cont’d)

Examine Quality and Usefulness of Assessment Instruments and remember following ten points (Cont’d):6.Know how to choose good tests that are relevant to

the situation at hand.7.Know how to administer, score, and interpret tests

within the cultural context of the client.8.Know and consider the implications that testing may

have for the client.9.Advocate for clients when tests are shown to be

biased.10.Treat people humanely during the assessment

process.

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Embracing Testing and Assessment Procedures

If you have an aversion assessment procedures, and you act on it, then you are not being fair to your clients.

If clients are to get the most out of counseling all avenues to increased self-knowledge should be made available to them (including assessment!)