Deck 5: Ethical and Legal Issues in Assessment

Question 1

What is the purpose of the Individuals with Disabilities Education Act of 2004?

A)To ensure that all students receive an education about common disabilities
B)To ensure that private schools for students with disabilities are in place in every state
C)To ensure that students with disabilities receive educational services
D)To ensure that all teachers are qualified to teach students with disabilities

Answer 1

C

Question 2

The majority of court cases related to assessment have focused on:

A)invasion of privacy.
B)discrimination issues.
C)test validity issues.
D)personality assessment.

Answer 2

B

Question 3

With few exceptions, counselors cannot release a client's assessment results to a third party unless:

A)the third party has a legitimate reason for wanting the results.
B)the counselor has contacted a lawyer and gotten legal advice.
C)the client has consented to the release of information.
D)it is common policy at the agency or organization.

Answer 3

C

Question 4

Laws related to assessment emanate from:

A)state and federal legislative bodies.
B)professional organizations (e.g., ACA or APA).
C)legislation and litigation.
D)U. S. Supreme Court cases.

Question 5

The legislation that gives parents the right to access their children's educational records is the:

A)Family Educational Rights and Privacy Act of 1974.
B)Civil Rights Act of 1991.
C)Individuals with Disabilities Education Act of 2004.
D)Family Access Act of 2010.

Question 6

If a supervisor asks a practitioner to use an instrument that he/she is not adequately prepared to use, the practitioner should:

A)decline to use the instrument.
B)use the instrument but be careful.
C)only use the instrument with certain clients.
D)only use the instrument after reading the Mental Measurements Yearbook .

Question 7

Which of the following involves informing the client about both the nature of the information being collected and the purpose(s)for which the results will be used?

A)Disclosure
B)Competence
C)Legal protection
D)Informed consent

Question 8

Concerning assessment practices, the American with Disabilities Act Amendment Acts of 2008 requires that:

A)all testing be done using standardized procedures regardless of the disability.
B)practitioners use separate norms when interpreting the assessment scores of individuals with disabilities.
C)individuals with physical disabilities not be given psychomotor tests.
D)reasonable accommodation be made for individuals with disabilities.

Question 9

What are the two key concepts related to invasion of privacy in assessment?

A)Confidentiality and competence
B)Client welfare and testing standards
C)Informed consent and relevance
D)Cooperation and respect

Question 10

If a counselor becomes aware of another practitioner who is misusing an assessment measure, the counselor's first step should be to:

A)discuss the misuse with the other practitioner.
B)do nothing.
C)report the misuse to the state licensing board.
D)report the misuse to the appropriate professional organization.

Question 11

It is especially important that test content is ___________________ in the areas of intelligence or general ability, achievement, and aptitude assessment.

A)kept secure
B)made readily available to the public
C)reviewed with clients
D)destroyed every two years

Question 12

What legislation stipulates that no student shall be required, without parental permission, to submit to psychological examination, testing, or treatment that may reveal information concerning mental and psychological problems potentially embarrassing to the student or the student's family?

A)Individuals with Disabilities Education Act of 2004
B)Civil Rights Act of 1991
C)Family Educational Rights and Privacy Act of 1974
D)Family Access Act of 2010

Question 13

A helpful resource on ethics and assessment that consists of a series of case studies illustrating proper and improper test usage is:

A)Responsibilities of Users of Standardized Tests.
B)Code of Fair Testing Practices in Education.
C)Responsible Test Use: Case Studies for Assessing Human Behavior - Second Edition.
D)ACA Code of Ethics.

Question 14

Which of the following serves as a technical guide for testing practices?

A)Standards for Educational and Psychological Testing
B)The Responsibilities of Tests Users
C)Mental Measurement Yearbooks
D)ACA Code of Ethics and Standards of Practice

Question 15

This act passed in 1996 is important for counselors working in community agencies because it requires that all clients be provided with notification describing how psychological and medical information may be used and disclosed.

A)Civil Rights Act
B)Health Insurance Portability and Accountability Act (HIPAA)
C)Knowledge of Personal Rights Act
D)Disclosure of Informed Consent Act

Question 16

Concerning assessment practices, the Civil Rights Act of 1991:

A)required testing be performed in an individual's native language. ​
B)banned the use of separate norms in any employment tests.
C)banned the use of employment tests for supervisory positions.
D)made it illegal to use personality tests in employment selection.

Question 17

In which of the following situations would a counselor not have to obtain informed consent to perform some type of assessment?

A)Using a self-esteem measure with elementary children in a divorce group.
B)Having a college student in career counseling take a battery of career instruments.
C)Testing that is a regular part of school activities (e.g., achievement testing).
D)Using a symptoms checklist as a part of the intake process at a mental health agency.

Question 18

The parent of an underage client requests to see a sample of the questions on a standardized achievement test you are responsible for administering. Your best response would be to:

A)allow the parent to preview the questions if he/she signs a confidentiality agreement.
B)consult with your professional mentor to determine how to handle the situation.
C)explain to the parent that the test content must remain secure and he/she may not view the questions.
D)only allow the parent to view the test questions in your office under your supervision.

Question 19

Who is ultimately responsible for test or instrument usage?

A)Test publishers
B)Counselor
C)Agency supervisor or principal
D)Professional organizations

Question 20

After taking an assessment instrument, a client has the right to:

A)look at the instrument manual.
B)review the scoring procedures and answers.
C)take the same assessment again.
D)receive an appropriate explanation of the results.

Question 21

How do you feel about the consensus that it is the  counselor  who is ultimately responsible for the appropriate use of tests?  Do you think this is a fair conclusion to make?  Why or why not?  If not, in your opinion, who or what else should assume some of this responsibility?

Question 22

Currently, what do you consider to be your own limits of competence in regards to assessment?  Are you adequately trained to administer, score, and interpret any instrument on your own?  If so, how do you know you are competent?  If not, what factored into your decision?

Question 23

Diagnosing mental disorders is under much scrutiny among the public.  Which of the following must a counselor recognize when assessing mental disorders?

A)Client's culture
B)Client's education level
C)Counselor's experience
D)Personal interviews provide no insight

Question 24

How do you define ethics ?  In assessment, do you think they are necessary to ensure appropriate test use?

Question 25

The court case that set the precedent that there must be a connection between the curriculum and minimum competency examinations is:

A)Debra P. v. Turlington.
B)Larry P. v. Riles.
C)Soroka et a. v. Dayton-Hudson Company.
D)Georgia NCCXP v. State of Georgia.

Question 26

Which of the following are responsibilities of the client?

A)Knowing the validity of the evidence
B)Share their test scores with the public
C)Be prepared to take the test
D)Prevent future misuses of the assessment.

Question 27

When assessing a child for a suspected disability, the assessment,

A)must be lengthy and comprehensive.
B)should be given in the child's native language.
C)must not focus on race, culture, or language.
D)must be administered by school counselor.

Question 28

Review the chapter's discussion of various legislation and litigation actions that affect the field of psychological assessment.  Have you directly been affected by any of them as a test-taker or test-user?   Explain.

Question 29

The cases of Larry P. v. Riles (1979)and Parents in Action on Special Education (PASE)v. Hannon (1980)were both related to whether or not:

A)intelligence tests discriminated against Black or African American children.
B)high school competency examinations discriminated.
C)employment tests had to be job-related.
D)tests had to be given in a child's native language.

Question 30

Clients have a right to an explanation of their results.  What about situations where the results may have a negative impact on the client?  How should this be handled without violating the client's rights?