Chapter 7 Legal and Ethical Concerns and Issues in Testing Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals,

Chapter 7Chapter 7Legal and Ethical Concerns and Legal and Ethical Concerns and

Issues in TestingIssues in Testing

Robert J. Drummond and Karyn Dayle JonesAssessment Procedures for Counselors and Helping Professionals, 6th editionCopyright ©2006 by Pearson Education, Inc.Upper Saddle River, New Jersey 07458All rights reserved.

Professional Standards and Professional Standards and Codes of EthicsCodes of Ethics

Ethics can be viewed as moral Ethics can be viewed as moral principles adopted by an individual or principles adopted by an individual or group that provides the basis for group that provides the basis for right conduct. right conduct.

The primary purpose for laws and The primary purpose for laws and ethical codes is to protect the ethical codes is to protect the welfare of the client. welfare of the client.


Professional StandardsProfessional Standards National Board of Certified Counselors National Board of Certified Counselors American Counseling Association American Counseling Association American Psychological Association (APA) American Psychological Association (APA) Standards for Educational and Psychological Standards for Educational and Psychological

Testing (American Educational Research Testing (American Educational Research Association, American Psychological Association, Association, American Psychological Association, National Council on Measurement in Education, National Council on Measurement in Education, 1999) 1999)

National Council on Measurement in Education National Council on Measurement in Education (NCME)(NCME)


Professional Training and CompetenceProfessional Training and Competence

Understand basic measurement concepts. Understand basic measurement concepts.

Read, evaluate, and understand test manuals and Read, evaluate, and understand test manuals and

reports.reports.

Follow exactly as specified the procedures for Follow exactly as specified the procedures for

administering, scoring, and interpreting a test.administering, scoring, and interpreting a test.

List and discuss major tests in their fields.List and discuss major tests in their fields.


Identify and locate sources of test information in their Identify and locate sources of test information in their fields.fields.

Know that different types of tests require different levels of Know that different types of tests require different levels of competency. competency.

Help test takers and counselees to use tests as exploratory Help test takers and counselees to use tests as exploratory tools.tools.

Explain the test results to test takers thoughtfully and Explain the test results to test takers thoughtfully and accurately, but in a language they understand.accurately, but in a language they understand.

Present results from tests both verbally and in written form Present results from tests both verbally and in written form and know what types of information should be presented in and know what types of information should be presented in case studies and conferences.case studies and conferences.


Test User Qualifications Test User Qualifications

A-level: no advanced training required (e.g., A-level: no advanced training required (e.g., vocational proficiency tests). Test publishers will vocational proficiency tests). Test publishers will allow anyone to purchase a-level tests.allow anyone to purchase a-level tests.

B-level: master’s degree in counseling, B-level: master’s degree in counseling, psychology, education or related area, or have psychology, education or related area, or have completed specialized training or expertise (e.g., completed specialized training or expertise (e.g., general intelligence tests and interest general intelligence tests and interest inventories).inventories).

C-level: doctorate in psychology, education, or a C-level: doctorate in psychology, education, or a related field, or licensure (e.g., Wechsler IQ Tests, related field, or licensure (e.g., Wechsler IQ Tests, Minnesota Multiphasic Personality Inventory, the Minnesota Multiphasic Personality Inventory, the Rorschach).Rorschach).Robert J. Drummond and Karyn Dayle Jones

Assessment Procedures for Counselors and Helping Professionals, 6th editionCopyright ©2006 by Pearson Education, Inc.Upper Saddle River, New Jersey 07458All rights reserved.

Other Ethical IssuesOther Ethical Issues

Test QualityTest Quality Client Welfare IssuesClient Welfare Issues Computer-Generated Test InterpretationsComputer-Generated Test Interpretations Gender BiasGender Bias Multicultural DifferencesMulticultural Differences Responsible Test UseResponsible Test Use


Legal AspectsLegal Aspects

Family Educational Rights and Privacy Act of 1974 Family Educational Rights and Privacy Act of 1974 (Buckley Amendment)(Buckley Amendment)

Public Law 94-142: Individuals with Disabilities Public Law 94-142: Individuals with Disabilities Education Act of 1975Education Act of 1975

Public Law 98-524: The Vocational Education Act Public Law 98-524: The Vocational Education Act of 1984of 1984

Public Law 101-336: Americans with Disabilities Public Law 101-336: Americans with Disabilities Act of 1990Act of 1990

Public Law 107–110: No Child Left Behind Act of Public Law 107–110: No Child Left Behind Act of 20012001


Employment LawsEmployment Laws

The Civil Rights Act of 1964, as amended in 1967, The Civil Rights Act of 1964, as amended in 1967, 1972, 1978, 1991, and 1996, outlaws 1972, 1978, 1991, and 1996, outlaws discrimination in employment based on race, discrimination in employment based on race, gender, and national origingender, and national origin

The Tower Amendment to the Equal Employment The Tower Amendment to the Equal Employment Act (1966)Act (1966)

Equal Employment Opportunity Commission Equal Employment Opportunity Commission (EEOC) (1970) (EEOC) (1970)

The Civil Rights Act of 1991 The Civil Rights Act of 1991


Court Decisions on Educational TestingCourt Decisions on Educational Testing

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

(1973, 1979) (1973, 1979) Debra P. v. Turlington (1979, 1981, 1983, 1984) Debra P. v. Turlington (1979, 1981, 1983, 1984) Sharif v. New York State Educational Department Sharif v. New York State Educational Department

(1989) (1989)


Court Decisions on Employment TestingCourt Decisions on Employment Testing

United States v. Georgia Power (1973) United States v. Georgia Power (1973) Griggs v. Duke Power Company (1971) Griggs v. Duke Power Company (1971) Washington v. Davis (1976) Washington v. Davis (1976) Bakke v. California (1978) Bakke v. California (1978) Golden Rule Insurance Company v. Richard Golden Rule Insurance Company v. Richard

L. Mathias (1980) L. Mathias (1980) Contreras v. City of Los Angeles (1981) Contreras v. City of Los Angeles (1981) Berkman v. City of New York (1987) Berkman v. City of New York (1987) Watson v. Fort Worth Bank and Trust (1988) Watson v. Fort Worth Bank and Trust (1988) Ward Cover Packing Co. vs. Antonio (1989) Ward Cover Packing Co. vs. Antonio (1989)


Documents

Chapter 7 Legal and Ethical Concerns and Issues in Testing Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals,