Chapter 2 Historical, Cultural and Legal/Ethical Considerations

Ancient Origins

Civil service testing in China (~2200 BCE) included exams in music, archery, and law.

Example: Early forms of public administration still reflect standardized entry examinations (e.g., civil service exams today).

Sir Francis Galton

pioneered the measurement of individual differences.

Alfred Binet

developed the first intelligence test to identify students needing academic support.

Army Alpha and Beta tests

These tests assessed U.S. WWI military recruits.

Example: The SAT and other modern aptitude tests evolved from Binet’s and military testing approaches.

Culture and Testing

Test performance can be influenced by language, values, and cultural norms.

Example: An English-based IQ test given to a non-native speaker may underestimate their true ability.

Culture-Specific Tests

Created to reduce cultural bias but may lack cross-cultural validity.

Example: Indigenous Personality Inventory (IPI) developed for specific Philippine cultural contexts.

Group Membership Effects

Mean differences in scores (e.g., across race or SES) can spark debates on fairness.

Example: College admissions debates over race-based norming in standardized tests (e.g., SAT).

Key Laws Affecting Assessment

• ADA

• Civil Rights Act

• FERPA and HIPPA

• IDEA

Americans with Disabilities Act (ADA)

Prevents discrimination based on disability.

Civil Rights Act

Prohibits discrimination in employment practices, including testing.

FERPA (Family Educational Rights and Privacy Act) and HIPAA (Health Insurance Portability and Accountability Act)

Protect educational and health records.

Individuals with Disabilities Education Act (IDEA)

Ensures testing accommodations in schools.

Example: Providing Braille or audio formats for visually impaired students under ADA and IDEA.

Tarasoff v. Regents

Clinicians must warn potential victims of threats.

Daubert v. Merrell Dow

Established standards for expert testimony.

Kumho Tire v. Carmichael

Extended Daubert to all expert witnesses.

Example: A forensic psychologist’s testimony on mental competence must meet Daubert standards in court.

APA Ethics Code

Emphasizes informed consent, fairness, competence, and respect for dignity.

Example: A clinician explains risks and benefits before administering a personality test in therapy.

Confidentiality

Psychological data must be protected with informed consent before sharing.

Example: A school counselor must have parental permission before discussing test results with teachers.

Third-Party Observers

May influence test results and pose ethical dilemmas.

Example: A parent watching their child during testing may affect the child's anxiety and performance.

Affirmative Action & Testing

Policies adjust for historical inequalities but may cause controversy.

Example: Some universities use holistic reviews to balance disparities from test score differences.

Testing with Marginalized Populations

Requires cultural competence and validated instruments.

Example: DSM-5’s Cultural Formulation Interview assesses how cultural factors influence mental illness.

Public Perception

Media often critiques misuse of tests in legal or employment contexts.

Example: News reports of hiring tests screening out minority applicants lead to public backlash.