LEGAL AND ETHICAL CONSIDERATIONS

Question 1

LEGAL AND ETHICAL CONSIDERATIONS

Answer 1

The Concerns of the Public

The Concerns of the Profession

The Rights of Testtakers

Question 2

Concerns of the Public

Answer 2

Legislation

Litigation

Question 3

Rules governing citizens’ behavior stem from legislatures and interpretations of existing law in the form of decisions handed down by courts.

court-mediated resolution of legal matters of a civil, criminal or
administrative nature

Answer 3

Litigation

Question 4

Concerns of the Profession

Answer 4

Test-user qualifications

Testing people with disabilities

Computerized test administration, scoring, and interpretation

Guidelines with respect to certain populations

Question 5

the report defined three levels of tests in terms of the degree to which the test’s use required knowledge of testing and psychology

Answer 5

Test-user qualifications

Question 6

Tests or aids that can adequately be administered, scored, and interpreted with the aid of the manual and a general orientation to the kind of institution or organization in which one is working

(achievement or proficiency tests)

Answer 6

Level A

Question 7

Tests or aids that require some technical knowledge of test construction and use and of supporting psychological and educational fields such as statistics, individual differences, psychology of adjustment, personnel psychology, and guidance

(aptitude tests and adjustment inventories applicable to normal populations).

Answer 7

Level B

Question 8

Tests and aids that require substantial understanding of testing and supporting psychological fields together with supervised experience in the use of these devices

(projective tests, individual mental tests).

Answer 8

Level C

Question 9

standards for educational test developers in four areas

Answer 9

• developing/selecting tests
• interpreting scores
• striving for fairness
• informing testtakers.

Question 10

Challenges analogous to those concerning testtakers from linguistic and cultural minorities

• transforming the test into a form that can be
  taken by the testtaker
• transforming the responses of the testtaker so that they are scorable,
• meaningfully interpreting the test data.

Answer 10

Testing people with disabilities

Question 11

Computer-assisted psychological assessment (CAPA) has become more the norm

the relative simplicity, convenience, and range of potential testing activities

issues:

• Access to test administration, scoring, and interpretation software
• Comparability of pencil-and-paper and computerized versions of tests.
• value of computerized test interpretations
• Unprofessional, unregulated “psychological testing” online.

Answer 11

Computerized test administration, scoring, and interpretation

Question 12

published special guidelines for professionals who have occasion to
assess, treat, conduct research with, or otherwise consult with members of certain populations.

to assist professionals in providing informed and
developmentally appropriate services.

Answer 12

Guidelines with respect to certain populations

Question 13

Rights of Testtakers

Answer 13

ight of informed consent

right to be informed of test findings

right to privacy and confidentiality

right to the least stigmatizing label

Question 14

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.

Answer 14

right of informed consent

Question 15

disclosure of the information needed for consent in a language the test-taker
can understand.

components:
- Being able to evidence a choice as to whether one wants to participate
- demonstrating a factual understanding of the issues
- being able to reason about the facts of a study,
treatment, or whatever it is to which consent is sought
- appreciating the nature of the
situation

Answer 15

informed consent

Question 16

tell test-takers as little as possible about the nature of their performance on a particular test or test battery. In no case would they
disclose diagnostic conclusions that could arouse anxiety or precipitate a crisis.

entitled to know what
recommendations are being made as a consequence of the test data.

inform the test taker (parent or legal representative or both) of the purpose of the test, the meaning of the score relative to those of other test-takers, and the possible limitations and margins of error of the test.

Answer 16

right to be informed of test findings

Question 17

concept of the privacy right

Answer 17

right to privacy and confidentiality

Question 18

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

Answer 18

privacy right

Question 19

information that is protected by law from disclosure in a legal proceeding.

Answer 19

privileged information

Question 20

distinguished from privilege

concerns matters of communication outside the courtroom, the privilege protects clients from disclosure in judicial proceedings

Answer 20

Confidentiality

Question 21

should always be assigned when reporting test results.

“was a professional report made by a public servant in good faith, representing his best judgment.”

Answer 21

right to the least stigmatizing label

Question 22

Legal and ethical considerations with regard to assessment are a matter of concern to the public at large

Answer 22

Psychology, tests, and public policy

Question 23

Legal and Ethical Considerations

rules that individuals must obey for the good of society as a whole—or rules thought to be for the good of society as a whole.

Answer 23

Laws

Question 24

a body of principles of right, proper, or good conduct.

Answer 24

ethics

Question 25

recognized and accepted by members of a profession, it defines the standard of care expected of members of that profession.

Answer 25

code of professional ethics

Question 26

the level at which the average, reasonable, and prudent professional would provide diagnostic or therapeutic services under the same or similar conditions.

Answer 26

standard of care

Question 27

Concerns of the Public

enacted at the federal
level, states also have passed _____ that affects the assessment enterprise.

Answer 27

Legislation

Question 28

used in decisions regarding various aspects of students’ education. The data from such programs were used in decision-making about grade promotions, awarding of diplomas, and identification of areas for remedial instruction.

“minimal
competencies” in areas such as reading, writing, and arithmetic.

Answer 28

minimum competency testing programs:

formal testing programs

Question 29

to give test-takers a way to learn the criteria by which they are being judged.

providing
descriptions
- test’s purpose and it subject matter, knowledge, and skills
- test purports to measure
- procedures for ensuring accuracy in scoring
- procedures for notifying test-takers of errors in scoring
- procedures for ensuring the test takers
confidentiality.

Answer 29

Truth-in-testing legislation

Question 30

selection procedure whereby a fixed number or percentage of applicants from certain backgrounds were selected

Answer 30

quota system

Question 31

the practice of making distinctions in hiring, promotion, or other selection decisions that tend to systematically favor members of a majority group regardless of actual qualifications for
positions.

Answer 31

discrimination

Question 32

practice
of making distinctions in hiring, promotion, or other selection decisions that systematically

favor members of a minority group regardless of actual qualifications for positions.

Answer 32

reverse discrimination

Question 33

a consequence of an employer’s hiring or promotion practice that was intentionally devised to yield some discriminatory result or outcome.

Answer 33

disparate treatment

Question 34

consequence of an employer’s hiring or promotion
practice that unintentionally resulted in a discriminatory result or outcome.

not viewed as the product of motivation
or planning

Answer 34

disparate impact