Legal and Ethical Issues in
Assessment
Ignorance is no defense
Ethics
Sources for Ethical Decisions
• ACA Code of Ethics and
Standards of Practice
• Code of Fair Testing
Practices in Education
• Standards for School
Counselor Competence in
Assessment and Evaluation
• Other Resources
Invasion of Privacy
• Informed consent
• Relevance
Right to Results
• Regardless of scoring
mechanism, counselors are
responsible to provide
appropriate explanations
• Must interpret in terms that
client can understand
Least Stigmatizing Label
• If categories are used,
must be described
precisely
• Sometimes diagnosis is
related to treatment and
even if counselor is trying
to be helpful, it is both
illegal and unethical to
change a diagnosis
Computerized Assessment
• Ethical issues in the use of
computerized assessment
Legal Issues in Assessment
Civil Rights Act of 1991
• Griggs v. Duke Power
Company
– If instrument has an adverse
or disparate impact,
employer must show that
hiring procedures are job
related
– Brought about stronger focus
on validity of employment
tests
• Ban on separate norms
– U. S. Employment Services
used separate norms for
African Americans and
Hispanics on GATB
– Act said this is illegal
Policies and Procedures for
Processing Complaints of Ethical
Violations
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ACA
Consult with colleagues
Clients can charge
Must indicate specific
ethics violated
• Due process
Disabilities Acts
• American with Disabilities
Act of 1990
– Focus on employment and
unemployment testing
– Fair measures and
assessment procedures
needed
• Individuals with Disabilities
Education Act of 1997
– PL 94-142
– Use variety of tools and
strategies, no single
procedure, technically
sound instruments
– Attend to multicultural issues
Family Rights and Privacy Act of
1974
• Student right to privacy
• No release of records
without permission
• Counseling records kept in
separate locked cabinet
and accessible only to the
counselor are not
considered part of
educational record
• Without parental
permission kids cannot be
given psychological testing
or treatment that may
reveal information
concerning mental and
psychological problems
potentially embarrassing to
student or student’s family
Health Insurance Portability and
Accountability Act of 1996 (HIPPA)
• Very complicated
• Concerns security and privacy
of health information
• State laws take precedence
• If involved with third party
payment, HIPPA is involved
• Must develop, maintain, and
account for disclosures of
private client information for 6
years
Truth in Testing
• New York state
• Nadar and SAT
• Mandated that if student
asked, copy of questions
and correct answers must
be provided
• Only CA passed similar
legislation
Litigation
Test Bias and Placement
• Issue is use of intelligence tests
with African American students
because of discrimination
• Larry P. v. Riles (1979)- Judge
Peckham bans use of
intelligence testing in CA
because discriminatory
• PASE v. Hannon (1980)– judge
ruled opposite way
• 1992, Judge Peckham lifts ban
Minimum Competency
• Minimum competency –
kids graduating from high
school and can’t balance
check book
• Controversy centers on
discrimination
• Debra P. v. Turlington
(1981) in FL
– Ruling set precedent about
need for relationship
between curriculum and
minimum competency
testing
– If students not taught
material covered on test,
students’ Constitutional rights
(equal protection and due
process) are violated
Right to Privacy
• Soroka et al. v. Dayton-Hudson
Company (1991)
– Target used personality inventory
for employment screening
– Court ruled that constitutional right
to privacy and statutory prohibition
against improper inquiries and
discriminatory conduct was
violated by asking about religious
beliefs and sexual orientation