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Ethics in Special Education

Assessment and Testing and Maintenance of Student Information

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Much of the practice in assessment of students is the result of legislation, regulations, and litigation.

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Principle 1.

Responsibility for the consequences for professional work.

Assessment data can significantly affect a person’s life opportunities.

Professionals who assess must assume the responsibility for the results.

Professionals who interpret results must assume responsibility for their reports.

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Principle 2

Recognizing the boundaries of professional competence.

Regularly engage in professional development.

Regularly engage in self assessment.

Maintain sensitivity to students differences and engage in ethical testing.

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Principle 3

Confidentiality.Everything you learn about a student is confidential.

Information may be released ONLY with permission of the student, guardians, or parents.

Confidentiality extends to storage and disposal of records.

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Principle 4

Adhere to standards for test use.Use only tests that are appropriate.

Refuse to use inadequate tests.

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Principle 5

Test security.Contents of tests and test questions are not to be revealed.

Correct responses to tests are not to be revealed.

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Family Educational Rights and Privacy Act: Buckley Amendment (1974)

Any educational agency that accepts federal money must grant parents the right to inspect and challenge student records. If the records are inaccurate, they have the right to correct them. The only records not accessible to parents or students are notes kept in the sole possession of the note maker.

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Buckley Amendment, Cont.

Students over 18 have control over their records.

Educational agencies must not release identifiable information without written consent from students (over 18) or parents.

Violators are subject to sanctions such as withdrawal of federal funds.

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Collection of Student Information

Three classes of information.Class A: basic minimal information needed to operate an educational program.

Includes name, address, parents’ names, grades completed, progress reports, attendance, etc.

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Class B: test results and other verified information useful in planning an educational program and maintaining a student safely in school.Available medical and pharmacological data, information about allergies, chronic conditions.

Intelligence test data if it leads to special programming, aptitude or ability data, observation data, counselor ratings, information about a student’s background and family.

This is only included if it is necessary for a relevant educational program.

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Class C information: Information that may be potentially useful. It may not be validated.• Verification of test data is a valid and

reliable assessment• Verification of an observation is

another rater agreementIt is kept until it is considered class B or until it is removed from the student’s record

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Consent

Representational consent is sufficient for collection of class A information and certain types of class B information (such as certain aptitude and achievement tests).

Individual informed consent is necessary for all other class B and class C data.

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Informed Consent

Informed consent assumes that the parent or student giving the consent is “reasonably competent” to understand the nature and consequences of the decision.

Needed for family information: religion, income, occupation, personality data, and other non-educational data.Needed for testing that has the potential to change a placement or to label

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Notice requesting informed consent must be obtained for ANY research.

Consent must inform parents of purpose and procedures.

Any risks involved.

Assurance that all participants will remain anonymous.

Participant’s option to withdraw at any time.

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Maintaining Records

Principle 1. Retention of records should be kept only if there is a continuing need for it.

Only class A and class B information should be retained.

Educational records should be periodically examined and only educationally relevant information should be retained.

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Principle 2. Parents have right of inspection of maintained records at any time.

First granted in Pennsylvania (1972) as part of PARC case.

Extended to all with Buckley amendment.

Parents may challenge, add, and correct.

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Principle 3. Assurance of protection from inappropriate snooping.

Both inside and outside the school system.

Curiosity does not count as legitimate.

Should be kept in locked cabinets or in password protected files with a firewall.

Persons inspecting the files shall sign and date a log (kept with the file).

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Access to Persons Outside of School

Information may not be released without:1. Express written permission of student or parents

2. A subpoena (parents or students must be notified that the school is complying with the court order.)

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