Deck 14: Ethical and Legal Issues in Assessment

Question 1

In determining a diagnosis, a counselor should consider what is accurate and what:

A)insurance companies will reimburse for.
B)the client will be comfortable with.
C)is a typical diagnosis in the current environment.
D)would be the least stigmatizing label.

Answer 1

would be the least stigmatizing label.

Question 2

If an agency uses a symptoms inventory as a part of their intake process, then the counselor:

A)does not have to provide the results to the client because they are used for treatment planning.
B)needs to provide the results to the client at some point during the counseling because clients have the right to results.
C)does not have to provide the results to the client unless the client's lawyer demands the results.
D)must disclose the results at the next session even if the results will negatively impact the counseling process.

Answer 2

needs to provide the results to the client at some point during the counseling because clients have the right to results.

Question 3

Laws are related to a body of rules, while ethics are a body of __________.

A)guidelines
B)principles
C)suggestions
D)regulations

Answer 3

principles

Question 4

The Standards for Educational and Psychological Testing include guidelines for each of the following aspects of assessment, except for:

A)fairness in testing.
B)test construction, evaluation and documentation.
C)testing applications.
D)assessment report writing.

Question 5

Who is ultimately responsible for test or instrument usage?

A)test publishers
B)clinician
C)agency supervisor or principal
D)professional organizations

Question 6

The most important reason for having ethical standards and laws related to assessment is to:

A)enforce standards and professional test practices.
B)protect individuals from misuses of assessments.
C)inform practitioners of best assessment practices.
D)enforce procedures developed by test publishers.

Question 7

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 8

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 9

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 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

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 12

One important reason counselors should ensure that assessment records are retained and maintained in a professional manner is because:

A)client records could be subpoenaed.
B)many assessments have poor validity and may need to be re-reviewed in the future.
C)all clients should be provided a copy of their records upon termination.
D)none of the above

Question 13

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 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

If an instrument is not relevant to the counseling process, then the possibility exists that:

A)some clients might object to taking it.
B)a client's privacy could be invaded.
C)there could be confidentiality issues .
D)there is a violation of a client's civil rights.

Question 16

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 17

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 18

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 19

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 20

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.

Question 21

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 22

Which requirement of the New York's "Truth in Testing" law did test publishers object to the most?

A)Making public their studies on validity.
B)Providing a complete disclosure to students about what scores mean and how they were calculated.
C)On request by a student, providing a copy of the questions and the correct answers to the students.
D)None of the above, because there were no requirements for test publishers in this piece of legislation.

Question 23

If a child is suspected of having a disability, then the Individuals with Disabilities Education Act of 2004 stipulates that the child be assessed:

A)in their native language or other communication modes.
B)using a variety assessment tools and strategies.
C)using technically sound instruments.
D)all of the above

Question 24

Which of the following pieces of legislation does not apply nationally?

A)Health Insurance Portability and Accountability Act of 1996
B)Individuals with Disabilities Education Act of 2004
C)Americans with Disabilities Act Amendment Acts of 2008
D)Truth in Testing

Question 25

A court case that raised questions about whether personality tests used for employment screening were an invasion of privacy was:

A)Debra P.v.Turlington
B)Larry P.v.Riles
C)Soroka et al.v.Dayton-Hudson Company
D)Georgia NAACP v.State of Georgia Discussion Questions

Question 26

What do the cases of Regents of the University of California v.Bakke (1978) and Grutter v.Bollinger et al.have in common?

A)Both cases concern discrimination in minimum competency assessment
B)Both cases concern bias in intelligence test usage and educational placement
C)Both cases concern university admissions policies and student diversity
D)Both cases concern pre-employment testing screening and applicants' right to privacy

Question 27

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 28

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 29

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 30

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 31

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

Question 32

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 33

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