005.28.19 Ark. Code R. § 013 Ade-Dese Rules Governing Test Security, Testing Violations, and Alleged Testing Improprieties

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 005.28.19 Ark. Code R. § 013

ARKANSAS DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING TEST SECURITY, TESTING VIOLATIONS, AND TESTING IMPROPRIETIES

Effective Date January 1, 2020

1.00 REGULATORY AUTHORITY

1.01 These rules shall be known as the Arkansas Division of Elementary and Secondary Education ("Division") Rules Governing Test Security, Testing Violations, and Testing Improprieties.

1.02 These rules are enacted pursuant to the Arkansas State Board of Education's authority under Ark. Code Ann. §§ 6-11-105, 6-15-2901 et seq 6Teacher licensure - application renewal application, revocation, suspension, and probation6-17-410 25Title25-15-201 et seq., and Act 930 of 2017.

2.00 PURPOSE

The purpose of these rules is to:

2.01 Define the requirements for maintaining test security and confidentiality on state required assessments;

2.02 Identify procedures for reporting testing violations;

2.03 Identify a procedure for investigating and addressing complaints regarding testing improprieties; and

2.04 Identify categories of violations and actions for individuals, public schools, or public school districts found in violation of the test security requirements included in these Rules and Rules Governing the Arkansas Educational Support and Accountability Act.

3.00 DEFINITIONS

3.01 "District Test Coordinator" means the same as defined in the Division's Rules Governing the Arkansas Educational Support and Accountability Act.

3.02 "Ethics violation" means an act or omission on the part of an educator, when the educator knew, or reasonably should have known, that such acts or omissions were in violation of the Code of Ethics for Arkansas Educators;

3.03 "Public school" means: 3.03.1 A school operated by a public school district; or 3.03.2 An open-enrollment public charter school, as defined in Ark. Code Ann. § 6-23-103.

3.04 "Public school district" means 3.04.1 A geographic area that qualifies as a taxing unit for purposes of ad valorem property taxes under Ark. Code Ann § 26-1-101 et seq. and Arkansas Constitution, Article 14, § 3, and is either: 3.04.1.1 Governed by an elected board of directors; or 3.04.1.2 Under the administrative control of the State Board or the Commissioner of Education in place of an elected board of directors; or 3.04.2 An open-enrollment public charter school, as defined in Ark. Code Ann. § 6-23-103.

3.05 "Sanction" means a penalty for failing to maintain the security or confidentiality of a state required assessment;

3.06 "Testing impropriety" means any departure from either the requirements established by law or rule or from the procedures specified in the applicable test administration materials or Division assessment training, that violates or compromises the security or confidential integrity of an assessment or inappropriately influences student performance or the reporting of student performance, and may include, without limitation, the following acts or omissions: 3.06.1 Viewing secure assessment materials; 3.06.2 Duplicating secure assessment materials; 3.06.3 Disclosing the contents of any portion of secure assessment materials; 3.06.4 Aiding or assisting an examinee with a response or answer to any secure assessment item; 3.06.5 Changing or altering any response or answer of an examinee to a secure assessment item; 3.06.6 Failing to return the secured test booklets to the testing company in a timely manner; 3.06.7 Encouraging or assisting an individual to engage in conduct described in Section 3.07 of these rules, the Department's Rules Governing the Arkansas Educational Support and Accountability Act, or Ark. Code Ann. § 6-15-2907; 3.06.8 Failing to report to the appropriate authority that an individual has engaged in conduct set forth in Section 3.07 of these rules, the Department's Rules Governing the Arkansas Educational Support and Accountability Act, or Ark. Code Ann. § 6-15-2907 or 3.06.9 Having a founded history of repeated unresolved testing violations.

3.07 "Testing irregularity" means a departure from the established administration procedures that does not represent a severe breach in test security or confidentiality;

3.08 "Test Security Agreement" means the agreement provided to each test administrator or other educator involved in testing that outlines the security requirements for testing and the agreement that these are understood and will be followed by the signatory;

3.09 "Testing violation" means any departure from established procedures and administration requirements of the state required assessment as indicated in law, these Rules, test manuals, or Division training, and may include, without...