Legal and Ethical Considerations in Assessment PDF

Legal and Ethical Considerations in Assessment LORESSA JOY D. PAGUTA, MA, RPm LAIRA DEE A. BAROQUILLO, MA, RPm Department of Psychology Definitions LAWS are rules that individuals must obey for the good of the society as a whole - or rules thought to be...

Legal and Ethical Considerations in Assessment LORESSA JOY D. PAGUTA, MA, RPm LAIRA DEE A. BAROQUILLO, MA, RPm Department of Psychology Definitions LAWS are rules that individuals must obey for the good of the society as a whole - or rules thought to be for the good of society as a whole. Some laws are and have been relatively uncontroversial while others are very controversial. Definitions ETHICS is a body of principles of right, proper, or good conduct. Code of professional ethics is recognized and accepted by members of a profession, it defines the standard of care expected of members of that profession. Definitions Standard of care is the level at which the average, reasonable, and prudent professional would provide diagnostic or therapeutic services under the same or similar conditions. However, members of the public and members of the profession have not always been on “the same side” with respect to issues of ethics and law. The Concerns of the Public The assessment enterprise has never been well understood by the public, and even today you might hear criticisms based on a misunderstanding of testing Possible consequences of public misunderstanding include fear, anger, legislation, litigation, and administrative regulations. The Concerns of the Public Concern about the use of psychological tests first became widespread in the aftermath of World War I, when various professionals (as well as nonprofessionals) sought to adapt group tests developed by the military for civilian use in schools and industry. The Concerns of the Public In 1969 an article, in Harvard Educational Review entitled “How Much Can We Boost IQ and Scholastic Achievement?” fires again the public concern about testing Its author, Arthur Jensen, argued that “genetic factors are strongly implicated in the average Negro–white intelligence difference” (1969, p. 82). What followed was an outpouring of public and professional attention to nature-versus- nurture issues in addition to widespread skepticism about what intelligence tests were really measuring. Legislation Table 2–1 (Cohen, p 57) presented several legislations enacted at the federal level that affects the assessment enterprise. In the 1970s numerous states enacted minimum competency testing programs: formal testing programs designed to be used in decisions regarding various aspects of students’ education. Legislation Truth-in-testing legislation was also passed at the state level beginning in the 1980s. The primary objective of these laws was to give test takers a way to learn the criteria by which they are being judged. Legislation Some truth-in-testing laws require providing descriptions of: (1) the test’s purpose and its subject matter, (2) the knowledge and skills the test purports to measure, (3) procedures for ensuring accuracy in scoring, (4) procedures for notifying test takers of errors in scoring, and (5) procedures for ensuring the test taker’s confidentiality. Legislation The EEOC has published sets of guidelines concerning standards to be met in constructing and using employment tests. In 1978 the EEOC, the Civil Service Commission, the Department of Labor, and the Justice Department jointly published the Uniform Guidelines on Employee Selection Litigation This is why law resulting from litigation (the court-mediated resolution of legal matters of a civil, criminal or administrative nature) can impact our daily lives. Litigation can result in bringing an important and timely matter to the attention of legislators, thus serving as a stimulus to the creation of new legislation Litigation has sometimes been referred to as “judge-made law” because it typically comes in the form of a ruling by a court. Concerns of the Profession In 1895 the American Psychological Association (APA) formed its first committee on mental measurement. Another APA committee on measurement was formed in 1906 to further study various testing-related issues and problems. In 1916 and again in 1921, symposia dealing with various issues surrounding the expanding uses of tests were sponsored. Concerns of the Profession 1954, APA published its Technical Recommendations for Psychological Tests and Diagnostic Tests, a document that set forth testing standards and technical recommendations. The following year, the National Educational Association (working in collaboration with National Council on Measurement) published its Technical Recommendations for Achievement Tests. Test User Qualification As early as 1950 an APA Committee on Ethical Standards for Psychology published a report called Ethical Standards for the Distribution of Psychological Tests and Diagnostic Aids. Test User Qualification Level A: Level B: Level C: Tests or aids that can Tests or aids that require Tests and aids adequately be some technical knowledge of that require administered, scored, test construction and use and and interpreted with substantial the aid of the manual of supporting psychological understanding and a general and educational fields such as of testing and orientation to the kind statistics, individual supporting of institution or differences, psychology of psychological organization in which adjustment, personnel fields together one is working (for psychology, and guidance with instance, (e.g. aptitude tests and supervised achievement or adjustment inventories proficiency tests). experience applicable to normal populations) Test User Qualification Code of Fair Testing Practices in Education this document presents standards for educational test developers in four areas: (1) developing/ selecting tests, (2) interpreting scores, (3) striving for fairness, and (4) informing test takers. Test User Qualification A psychologist licensing law designed to serve as a model for state legislatures has been available from APA since 1987. However, that law contains no definition of psychological testing. Testing People with Disabilities Challenges may include: (1) transforming the test into a form that can be taken by the test taker, (2) transforming the responses of the test taker so that they are scorable, and (3) meaningfully interpreting the test data. Computerized test administration, scoring, and interpretation For assessment professionals, some major issues with regard to CAPA are as follows. Access to test administration, scoring, and interpretation software. Comparability of pencil-and-paper and computerized versions of tests. The value of computerized test interpretations. Unprofessional, unregulated “psychological testing” online. Guidelines with respect to certain populations In general, the guidelines are designed to assist professionals in providing informed and developmentally appropriate services. Although standards must be followed by all psychologists, guidelines are more aspirational in nature. Example: Guidelines for Psychological Practice with Transgender and Gender Nonconforming (TGNC) People. The document lists and discusses 16 guidelines Legislation in the Philippine Context REPUBLIC ACT No. 10029 or an act known to be as Philippine Psychology Act of 2009 An act to regulate the practice of psychology and psychometrics in the Philippines to protect the public from inexperienced or untrained individuals offering psychological services Legislation in the Philippine Context "Psychometrician" means a natural person who holds a valid certificate of registration and a valid professional identification card as psychometrician issued by the Professional Regulatory Board of Psychology and the Professional Regulation Commission pursuant to this Act. Legislation in the Philippine Context As such, he/she shall be authorized to do any of the following: Provided, that such shall at all times be conducted under the supervision of a licensed professional psychologist: Legislation in the Philippine Context Legislation in the Philippine Context "Psychologist" means a natural person who holds a valid certificate of registration and a valid professional identification card as psychometrician issued by the Professional Regulatory Board of Psychology and the PRC for the purpose of delivering psychological services defined in this Act Legislation in the Philippine Context REPUBLIC ACT 9258 or the Guidance and Counseling Act of 2004 Crafted and designed to professionalize the practice of guidance and counseling in the Philippines Legislation in the Philippine Context Guidance Counselor: A natural person who has been registered and issued a valid Certificate of Registration and a valid Professional Identification Card by the PRB of Guidance and Counseling and PRC in accordance with RA 9258 and who by virtue of specialized training, perform for a fee, salary, or other forms of compensation the functions of guidance and counseling under Section 3 of RA 9258 Legislation in the Philippine Context PAP Code of Ethics Rights of Test Takers The right of informed consent Test takers have a right to know why they are being evaluated, how the test data will be used, and what (if any) information will be released to whom. With full knowledge of such information, test takers give their informed consent to be tested. The disclosure of the information needed for consent must, of course, be in language the test taker can understand. Rights of Test Takers The right to be informed of test findings Giving realistic information about test performance to examinees is not only ethically and legally mandated but may be useful from a therapeutic perspective as well. Test takers have a right to be informed, in language they can understand, of the nature of the findings with respect to a test they have taken. Rights of Test Takers The right to privacy and confidentiality The concept of the privacy right “recognizes the freedom of the individual to pick and choose for himself the time, circumstances, and particularly the extent to which he wishes to share or withhold from others his attitudes, beliefs, behavior, and opinions” (Shah, 1969, p. 57). Rights of Test Takers The right to privacy and confidentiality Confidentiality concerns matters of communication outside the courtroom, privilege protects clients from disclosure in judicial proceedings (Jagim et al., 1978, p. 459). Rights of Test Takers The right to the least stigmatizing label The Standards advise that the least stigmatizing labels should always be assigned when reporting test results.  Legal and Ethical Considerations in Assessment Cohen, R. J. & Swerdlik, M. E. (2018). Psychological Testing & Assessment, 9th edition. McGraw-Hill Education, New York Kaplan, R. M. & Saccuzzo, D. P. (2018). Psychological Testing : Principles, Applications, & Issues, 9th edition. Cengage Learning, Boston, MA