| (g) The following provisions concern ethical obligations
relating to examinations.
(1) An educator or candidate who participates in the
development, design, construction, review, field testing, scoring,
or validation of an examination shall not reveal or cause to be revealed
the contents of the examination to any other person.
(2) An educator or candidate who administers an examination
shall not:
(A) allow or cause an unauthorized person to view any
part of the examination;
(B) copy, reproduce, or cause to be copied or reproduced
any part of the examination;
(C) reveal or cause to be revealed the contents of
the examination;
(D) correct, alter, or cause to be corrected or altered
any response to a test item contained in the examination;
(E) provide assistance with any response to a test
item contained in the examination or cause assistance to be provided;
or
(F) deviate from the rules governing administration
of the examination.
(3) An educator or candidate who is an examinee shall
not:
(A) copy, reproduce, or cause to be copied or reproduced
any test item contained in the examination;
(B) provide assistance with any response to a test
item contained in the examination, or cause assistance to be provided;
(C) solicit or accept assistance with any response
to a test item contained in the examination;
(D) deviate from the rules governing administration
of the examination; or
(E) otherwise engage in conduct that amounts to cheating,
deception, or fraud.
(4) An educator, candidate, or other test taker shall
not:
(A) solicit information about the contents of test
items on an examination that the educator, candidate, or other test
taker has not already taken from an individual who has had access
to those items, or offer information about the contents of specific
test items on an examination to individuals who have not yet taken
the examination;
(B) fail to pay all test costs and fees as required
by this chapter or the testing vendor; or
(C) otherwise engage in conduct that amounts to violations
of test security or confidentiality integrity, including cheating,
deception, or fraud.
(5) A person who violates this subsection is subject
to:
(A) sanction, including, but not limited to, disallowance
and exclusion from future examinations either in perpetuity or for
a period of time that serves the best interests of the education profession,
in accordance with the provisions of TEC, §21.041(b)(7), and
Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions,
and Contested Cases); and/or
(B) denial of certification in accordance with the
provisions of TEC, §21.041(b)(7), and Chapter 249 of this title;
and/or
(C) voiding of a score from an examination in which
a violation specified in this subsection occurred as well as a loss
of a test attempt for purposes of the retake limit in subsection (a)
of this section.
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| Source Note: The provisions of this §230.21 adopted to be effective August 12, 2012, 37 TexReg 5753; amended to be effective August 28, 2016, 41 TexReg 6191; amended to be effective May 17, 2018, 43 TexReg 3089; amended to be effective December 23, 2018, 43 TexReg 8108; amended to be effective October 13, 2019, 44 TexReg 5767; amended to be effective May 17, 2020, 45 TeReg 3288; amended to be effective October 15, 2020, 45 TexReg 7257; amended to be effective May 19, 2024, 49 TexReg 3551 |
