Chapter 101. Assessment
Subchapter C. Security and Confidentiality
Statutory Authority: The provisions of this Subchapter
C issued under
the Texas Education Code, Chapter 39, Subchapter B, unless otherwise noted.
The statewide assessment program as defined by the Texas Education Code (TEC), Chapter 39, Subchapter B, is a secure testing program. Procedures for maintaining security shall be specified in the appropriate test administration materials. Secure test materials must be accounted for before, during, and after each test administration. Only authorized personnel may have access to secure test materials.
Source: The provisions of this §101.61 adopted to be effective November 15, 2001, 26 TexReg 9091.
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 Texas Education Code (TEC), §39.030(b).
Source: The provisions of this §101.63 adopted to be effective November 15, 2001, 26 TexReg 9091.
(a) Violation of security or confidential integrity of any test required by the Texas Education Code (TEC), Chapter 39, Subchapter B, shall be prohibited.
(b) A person who engages in conduct prohibited by this section may be subject to sanction of credentials.
(c) 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).
(d) Procedures for maintaining the security and confidential integrity of a test shall be specified in the appropriate test administration materials. Conduct that violates the security and confidential integrity of a test is defined as any departure from the test administration procedures established by the commissioner of education. Conduct of this nature may include the following acts and omissions:
(1) duplicating secure examination materials;
(2) disclosing the contents of any portion of a secure test;
(3) providing, suggesting, or indicating to an examinee a response or answer to a secure test item or prompt;
(4) changing or altering a response or answer of an examinee to a secure test item or prompt;
(5) aiding or assisting an examinee with a response or answer to a secure test item or prompt;
(6) encouraging or assisting an individual to engage in the conduct described in paragraphs (1)-(5) of this subsection; or
(7) failing to report to an appropriate authority that an individual has engaged in conduct outlined in paragraphs (1)-(6) of this subsection.
(e) Any person who violates, assists in the violation of, or solicits another to violate or assist in the violation of test security or confidential integrity, and any person who fails to report such a violation are subject to the following penalties:
(1) placement of restrictions on the issuance, renewal, or holding of a Texas teacher certificate, either indefinitely or for a set term;
(2) issuance of an inscribed or non-inscribed reprimand;
(3) suspension of a Texas teacher certificate for a set term; or
(4) revocation or cancellation of a Texas teacher certificate without opportunity for reapplication for a set term or permanently.
(f) Any irregularities in test security or confidential integrity may also result in the invalidation of student results.
(g) 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 Texas Education Agency in writing of conduct that violates the security or confidential integrity of a test administered under the TEC, Chapter 39, Subchapter B. Failure to report can subject the person responsible to the applicable penalties specified in this section.
Source: The provisions of this §101.65 adopted to be effective November 15, 2001, 26 TexReg 9091.
For additional information, email rules@tea.state.tx.us.