Chapter 7 Legal and Ethical Concerns and Issues in Testing Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.

Professional Standards and Codes of Ethics Ethics can be viewed as moral principles adopted by an individual or group that provides the basis for right conduct. The primary purpose for laws and ethical codes is to protect the welfare of the client. Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.

Professional Standards National Board of Certified Counselors American Counseling Association American Psychological Association (APA) Standards for Educational and Psychological Testing (American Educational Research Association, American Psychological Association, National Council on Measurement in Education, 1999) National Council on Measurement in Education (NCME) Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.

Professional Training and Competence Understand basic measurement concepts. Read, evaluate, and understand test manuals and reports. Follow exactly as specified the procedures for administering, scoring, and interpreting a test. List and discuss major tests in their fields. Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.

Identify and locate sources of test information in their fields. Know that different types of tests require different levels of competency. Help test takers and counselees to use tests as exploratory tools. Explain the test results to test takers thoughtfully and accurately, but in a language they understand. Present results from tests both verbally and in written form and know what types of information should be presented in case studies and conferences. Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.

Test User Qualifications A-level: no advanced training required (e.g., vocational proficiency tests). Test publishers will allow anyone to purchase a-level tests. B-level: master’s degree in counseling, psychology, education or related area, or have completed specialized training or expertise (e.g., general intelligence tests and interest inventories). C-level: doctorate in psychology, education, or a related field, or licensure (e.g., Wechsler IQ Tests, Minnesota Multiphasic Personality Inventory, the Rorschach). Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.

Other Ethical Issues Test Quality Client Welfare Issues Computer-Generated Test Interpretations Gender Bias Multicultural Differences Responsible Test Use Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.

Legal Aspects Family Educational Rights and Privacy Act of 1974 (Buckley Amendment) Public Law 94-142: Individuals with Disabilities Education Act of 1975 Public Law 98-524: The Vocational Education Act of 1984 Public Law 101-336: Americans with Disabilities Act of 1990 Public Law 107–110: No Child Left Behind Act of 2001 Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.

Employment Laws The Civil Rights Act of 1964, as amended in 1967, 1972, 1978, 1991, and 1996, outlaws discrimination in employment based on race, gender, and national origin The Tower Amendment to the Equal Employment Act (1966) Equal Employment Opportunity Commission (EEOC) (1970) The Civil Rights Act of 1991 Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.

Court Decisions on Educational Testing 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) Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.

Court Decisions on Employment Testing United States v. Georgia Power (1973) Griggs v. Duke Power Company (1971) Washington v. Davis (1976) Bakke v. California (1978) Golden Rule Insurance Company v. Richard L. Mathias (1980) Contreras v. City of Los Angeles (1981) Berkman v. City of New York (1987) Watson v. Fort Worth Bank and Trust (1988) Ward Cover Packing Co. vs. Antonio (1989) Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.