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

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Presentation on theme: "Chapter 7 Legal and Ethical Concerns and Issues in Testing Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals,"— Presentation transcript:

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

2 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. 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. 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, 6 th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

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

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

5 Identify and locate sources of test information in their fields. Identify and locate sources of test information in their fields. Know that different types of tests require different levels of competency. Know that different types of tests require different levels of competency. Help test takers and counselees to use tests as exploratory tools. 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. 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. 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, 6 th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

6 Test User Qualifications A-level: no advanced training required (e.g., vocational proficiency tests). Test publishers will allow anyone to purchase a-level tests. A-level: no advanced training required (e.g., vocational proficiency tests). Test publishers will allow anyone to purchase a-level tests. B-level: masters degree in counseling, psychology, education or related area, or have completed specialized training or expertise (e.g., general intelligence tests and interest inventories). B-level: masters 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). 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, 6 th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

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

8 Legal Aspects Family Educational Rights and Privacy Act of 1974 (Buckley Amendment) Family Educational Rights and Privacy Act of 1974 (Buckley Amendment) Public Law : Individuals with Disabilities Education Act of 1975 Public Law : Individuals with Disabilities Education Act of 1975 Public Law : The Vocational Education Act of 1984 Public Law : The Vocational Education Act of 1984 Public Law : Americans with Disabilities Act of 1990 Public Law : Americans with Disabilities Act of 1990 Public Law 107–110: No Child Left Behind Act of 2001 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, 6 th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

9 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 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) The Tower Amendment to the Equal Employment Act (1966) Equal Employment Opportunity Commission (EEOC) (1970) Equal Employment Opportunity Commission (EEOC) (1970) The Civil Rights Act of 1991 The Civil Rights Act of 1991 Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6 th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

10 Court 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 (1973, 1979) Diana v. California State Board of Education (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 (1989) Sharif v. New York State Educational Department (1989) Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6 th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

11 Court 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 L. Mathias (1980) Golden Rule Insurance Company v. Richard 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) Robert J. Drummond and Karyn Dayle Jones Assessment Procedures for Counselors and Helping Professionals, 6 th edition Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.


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