| (g) The statewide assessment program as defined by
the TEC, Chapter 39, Subchapter B, is a secure testing program.
(1) Procedures for maintaining security shall be specified
in the appropriate test administration materials.
(2) Secure test materials must be accounted for before,
during, and after each test administration. Only authorized personnel
may have access to secure test materials.
(3) The contents of each test booklet and answer document
are confidential in accordance with the Texas Government Code, Chapter
551, and the Family Educational Rights and Privacy Act of 1974. Individual
student performance results are confidential as specified under the
TEC, §39.030(b).
(4) Violation of security or confidential integrity
of any test required by the TEC, Chapter 39, Subchapter B, shall be
prohibited. A person who engages in conduct prohibited by this section
may be subject to sanction of credentials, including any of the sanctions
provided by subsection (a) of this section.
(5) Charter school test administrators are not required
to be certified; however, any irregularity in the administration of
any test required by the TEC, Chapter 39, Subchapter B, would cause
the charter itself to come under review by the commissioner of education
for possible sanctions or revocation, as provided under the TEC, §12.115(a)(4).
(6) Conduct that violates the security and confidential
integrity of a test is evidenced by any departure from the test administration
procedures established by the commissioner of education. Conduct of
this nature may include, but is not limited to, the following acts
and omissions:
(A) viewing a test before, during, or after an assessment
unless specifically authorized to do so;
(B) duplicating secure examination materials;
(C) disclosing the contents of any portion of a secure
test;
(D) providing, suggesting, or indicating to an examinee
a response or answer to a secure test item or prompt;
(E) changing or altering a response or answer of an
examinee to a secure test item or prompt;
(F) aiding or assisting an examinee with a response
or answer to a secure test item or prompt;
(G) fraudulently exempting or preventing a student
from the administration of a required state assessment;
(H) encouraging or assisting an individual to engage
in the conduct described in paragraphs (1)-(7) of this subsection;
or
(I) failing to report to an appropriate authority that
an individual has engaged in conduct outlined in paragraphs (1)-(8)
of this subsection.
(7) Any irregularities in test security or confidential
integrity may also result in the invalidation of student results.
(8) The superintendent and campus principal of each
school district and chief administrative officer of each charter school
and any private school administering the tests as allowed under the
TEC, §39.033, shall develop procedures to ensure the security
and confidential integrity of the tests specified in the TEC, Chapter
39, Subchapter B, and shall be responsible for notifying the TEA in
writing of conduct that violates the security or confidential integrity
of a test administered under the TEC, Chapter 39, Subchapter B. A
person who fails to report such conduct as required by this subsection
may be subject to any of the sanctions provided by subsection (a)
of this section.
|
| Source Note: The provisions of this §249.15 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective June 21, 2009, 34 TexReg 3944; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113; amended to be effective December 28, 2014, 39 TexReg 10010; amended to be effective October 8, 2015, 40 TexReg 6892; amended to be effective May 15, 2016, 41 TexReg 3310; amended to be effective March 8, 2018, 43 TexReg 1275; amended to be effectiveOctober21, 2018, 43 TexReg 6841; amended to be effective March 5, 2020, 45 TexReg 1413; amended to be effective March 3, 2022, 47 TexReg 927 |
