proposed rule abstract - new mexico legislature 092618 item 7 a... · testing procedures and...
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LESC Rulemaking Report: 6.10.7 NMAC, Standardized Testing Procedures and Requirements, September 27, 2018
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Date: September 27, 2018 Prepared By: Bedeaux Notice of Proposed Rulemaking (NPRM): Repeal 6.10.7 NMAC Statewide Standardized Testing Security Issues and Irregularities and Replace with 6.10.7 NMAC Standardized Testing Procedures and Requirements
Proposed Rule Abstract
1. Agency: Public Education Department (PED) 2. Rule Citation: 6.10.7 NMAC, Standardized Testing Procedures and Requirements 3. Rulemaking Action: Repeal and Replace 4. Register Issue and Date of Notice of Proposed Rulemaking: Issue 15, August 14, 2018 5. Effective Date: October 16, 2018 6. Citation to Specific Legal Authority: Sections 22-2-1, 22-2-2, and 22-2C-4 NMSA 1978 7. Short Explanation of the Rule’s Purpose: Establish the roles, responsibilities, and procedures required for
the preparation, storage, handling, distribution, security, and administration of standardized tests. 8. Link to Full Text of the Rule: https://webnew.ped.state.nm.us/wp-content/uploads/2018/08/6.10.7-
NMAC_proposed-strikethrough_web.docx 9. How Information on the Rule Can Be Obtained: http://webnew.ped.state.nm.us/bureaus/policy-innovation-
measurement/rule-notification/, or from Jamie Gonzales at (505)-827-7889. 10. Comment Period and Deadlines: August 14, 2018 to September 17, 2018 at 5:00 PM. Written comments
may be submitted to Jamie Gonzales, Policy Division, New Mexico Public Education Department, Room 101, 300 Don Gaspar Avenue, Santa Fe, NM 87501, [email protected], or by fax to (505) 827-6520.
11. Rule Hearing: September 17, 2018 from 9:00 a.m. to 11:00 a.m. at 300 Don Gaspar Avenue in Mabry Hall, Santa Fe, NM 87501.
12. Link to Permanent Agency Rulemaking Record: http://statenm.force.com/public/SSP_RuleHearingSearchPublic
Summary of Proposed Rule
The August 14, 2018 issue of the New Mexico Register contained the Public Education
Department’s (PED) proposed repeal of 6.10.7 NMAC, “Statewide Standardized Testing
Security Issues and Irregularities” and replacement with 6.10.7 NMAC, “Standardized
Testing Procedures and Requirements.” See Attachment 1, 6.10.7 NMAC,
Standardized Testing Procedures and Requirements. The proposed rule
reorganizes and clarifies existing rules and responsibilities and makes minor
substantive changes to standardized testing requirements. The proposed rule lists the
responsibilities of superintendents and charter school head administrators, school
district and charter school test coordinators, school test coordinators, and test
administrators. Additionally, the rule delineates requirements for the administration
of standardized tests, prohibited practices, and procedures in instances of suspected
testing irregularities.
LESC Rulemaking Report: Title of Report, Date 2
Analysis
The proposed rule reorganizes existing standardized testing regulations in a format
that more clearly delineates the roles and responsibilities of individuals involved in
standardized testing procedures. Superintendents and charter school head
administrators, school district and charter school test coordinators, school test
coordinators, and test administrators each have a section clearly
explaining their respective responsibilities. See Attachment 2,
Responsibilities of Individuals Associated with Standardized Testing
under Proposed 6.10.7 NMAC.
Responsibilities of Individuals Associated with Standardized Testing Superintendents and Charter School Head Administrators. Under the
proposed 6.10.7 NMAC, school district superintendents and charter school
head administrators will still be responsible for ensuring standardized
tests are handled, prepared for, and administered in accordance with
regulation and manuals provided by PED and test vendors.
Superintendents and charter school head administrators will be required
to designate a school district or charter school test coordinator, and may
also designate a secondary test coordinator. Test coordinators will no
longer be limited to a duration of one to three years. Superintendents and
charter school head administrators will also no longer be responsible for
distributing a copy of 6.10.7 NMAC to test coordinators. Superintendents
and charter school head administrators will now also need to complete
and return a form to PED at the end of every semester verifying
assessments remained secure, staff were adequately trained, and
accommodation requirements were met.
School District and Charter School Test Coordinators. The
responsibilities of school district and charter school test coordinators
were not substantially altered by the proposed rule. School district and
charter school test coordinators will still be required to attend PED
trainings, however the frequency of these trainings may change; while
the original rule stated trainings would happen twice per year, the
proposed rule does not specify how often PED will hold trainings. School
district and charter school test coordinators will continue to be
responsible for providing training to staff before each spring and fall
testing window and school district procedures comply with 6.10.7.12
NMAC. The proposed rule includes a new requirement that the school
district or charter school test coordinator provide all training participants
with written copies of 6.10.7 NMAC and all relevant statutes, regulations,
and written school district or charter school guidance.
School Test Coordinators. School test coordinators are individuals at
school sites responsible for the administration of standardized tests.
School test coordinators will still be trained by school district and charter
school test coordinators and will still be responsible for training all school
personnel involved in test administration on the requirements of 6.10.7
The proposed rule also explains the role of test proctors, staff responsible for supporting test administrators by gathering missing supplies and dealing with medical emergencies, although test proctors do not have a separate section in the rule. The proposed rule allows locally-chartered charter schools to submit requests to superintendents to designate their own charter school test coordinator. Charter school test coordinators must meet all the requirements and responsibilities outlined for school district and charter school test coordinators. Various specific requirements of standardized test administration and security were moved to their own section in the proposed rule, 6.10.7.12 NMAC. Instead of listing these as specific requirements of school district and charter school test coordinators, the proposed rule now more appropriately lists them as general standardized testing requirements with which all individuals must comply. In the absence of a school district or charter school policy that includes the requirements of 6.10.7.12 NMAC, the school district or charter school test coordinator will be required to develop checklists and written procedures to ensure compliance with the rule.
LESC Hearing Brief: Title of Report, Date 3
NMAC and ensuring the school implements written school district or charter school
policies in compliance with the rule.
Test Administrators. The final group of responsibilities mentioned in the
proposed rule are those of test administrators, individuals responsible for
administering standardized tests to students. The requirements for test
administrators were not substantially changed in the proposed rule. Test
administrators will be required to be trained by school test coordinators,
and will be responsible for reviewing and administering tests consistent
with the test administrator’s manual. After testing each day, test
administrators will be required to return the tests to the school, school
district, or charter school test coordinator. If a test administrator observes
any “testing irregularity” or student misconduct, they will be required to
report the issue to the school, school district, or charter school test
coordinator immediately.
Procedures for Standardized Testing
In addition to specific responsibilities for certain individuals, the proposed rule
contains several sections with general standardized testing requirements that apply
to all individuals involved in the standardized testing process. These procedures begin
in the proposed 6.10.7.12 NMAC and continue through 6.10.7.15 NMAC. See
Attachment 3, Regulations Regarding Standardized Test Administration under
Proposed 6.10.7 NMAC.
Procedures for Standardized Testing. Many procedures for standardized testing
were not significantly altered. The proposed rule eliminates two requirements:
standardized test material not stored in sealed containers would no longer need to be
segregated, wrapped in clear or unclear paper, and sealed with packing tape; and
substitute teachers, educational assistants, school nurses, and athletic coaches would
no longer be able to administer standardized tests. The proposed rule also contains
three new regulations: records detailing the removal of standardized testing materials
must document whether the materials were removed from school grounds; the ratio
of test administrators to students shall not exceed 25 students per administrator; and
test proctors must be used to support administrators in gathering supplies and dealing
with medical situations.
Prohibited Practices for Standardized Testing. Individuals will be
prohibited from all of the same practices as in current rule as well as
several new practices. Under the proposed rule, students would be
prohibited from having smart watches, media players, headphones and
backpacks during standardized tests. Additionally, the following practices
would be prohibited: administering a standardized test to an immediate
family member; teaching from, possessing, or disseminating a photocopy of any
portion of a test; copying copyrighted materials for the purpose of distribution; and
coaching or otherwise inappropriately assisting in written student answers.
Test administrators will be required to utilize test proctors in halls to gather missing supplies or deal with medical situations, rather than leave the testing room themselves. Testing irregularities refer to any observed conduct that raises doubts about the validity of any portion of a standardized test. Irregularities can occur at many points during the standardized testing process, including preparation, administration, security, or scoring.
Under current rules, students are prohibited from having scrap paper, tablets, laptops, cell phones, cameras, calculators, calculator watches, and rulers during a standardized test.
LESC Rulemaking Report: Title of Report, Date 4
Nondisclosure of Standardized Test Materials. The proposed rule does not
significantly alter the permissions of individuals regarding the
confidentiality of standardized tests. Persons given access to standardized
test materials will still be required to sign a non-disclosure form, and may
only review standardized test materials at PED under the direct supervision
of PED staff. However, under the proposed rule, PED may now choose to
release select portions of assessments for the purposes of training and
professional development. Test items not released by the department shall
not be released by any unauthorized individual or organization.
Testing Irregularities. Existing regulations regarding testing irregularities
were kept intact in the proposed rule. Individuals who suspect a testing
irregularity are required to report the issue within 24 hours to the school
district or charter school test coordinator, who will have three days to
conduct an investigation and submit a formal report to PED. Individuals
who suspect the school district or charter school test coordinator has
engaged in a testing irregularity will be required to report the issue directly to PED
within three days of learning of the irregularity. PED will continue to use its discretion
in investigating testing irregularities, and may take any number of the following
corrective measures:
Direct the school district or charter school or a named individual to cease
and desist engaging in a particular irregularity or further testing during the
current school year;
Revoke the individual’s access to standardized test materials to ensure test
security;
Recommend further action PED deems reasonable and necessary to
maintain test security;
Invalidate the standardized test results and inform the school district or
charter school that the affected student will not receive scores on portions
or all of a standardized assessment;
Refer the matter for possible suspension or revocation of a person’s
licensure pursuant to procedures set forth in 6.68.3 NMAC;
Refer the matter to other department divisions for appropriate action;
Take any other action authorized by state or federal law or regulation; or
Modify school, school district, and charter school accountability
determinations.
The proposed rule would eliminate a provision that allows students whose
tests were affected by testing irregularities to have the test re-administered
in a similar form. Paragraph 4 of Subsection B of the proposed Section 6.10.7.15
NMAC states students affected by irregularities will not receive scores on any
portion of the standardized test affected by a testing irregularity.
Technical Issues
A reference in Paragraph B of Section 6.10.7.10 NMAC, Responsibilities of School Test
Coordinators, should be amended to correctly refer to 6.10.7.12 NMAC, Procedures
for Standardized Testing, rather than 6.10.7.13 NMAC, Nondisclosure of Standardized
Test Materials.
Individuals suspected of testing irregularities will be given as much access to the relevant portions of the assessment as is reasonably necessary to prepare for a hearing, but all material used as evidence at a hearing is subject to confidentiality by all hearing attendees.
A violation of any regulation in 6.10.7 NMAC constitutes a testing irregularity and shall give PED good and just cause to suspend or revoke a person’s license.
Under the proposed rule, corrective measures like those to the right would no longer be the sole responsibility of the PED accreditation team, but of the appropriate division at PED. Because standardized tests like the PARCC now constitute the primary demonstration of competency for high school students, invalidating student test scores could require students to pursue an alternative demonstration of competency in order to graduate.
6.10.7 NMAC 1
PROPOSED REPEAL AND REPLACE STRIKETHROUGH Strikethrough represents original language being taken out Underline represents new language
TITLE 6 PRIMARY AND SECONDARY EDUCATION CHAPTER 10 PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS PART 7 [STATEWIDE STANDARDIZED TESTING SECURITY ISSUES AND IRREGULARITIES] STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS
6.10.7.1 ISSUING AGENCY: Public Education Department, hereinafter the department. [6.10.7.1 NMAC – Rp, 6.10.7.1 NMAC, 10/16/2018]
6.10.7.2 SCOPE: All school districts, charter schools, state educational institutions and bureau of Indian education schools that administer standardized tests, as well as their employees or volunteers who have access to those standardized tests. [6.10.7.2 NMAC - Rp, 6.10.7.2 NMAC, 10/16/2018]
6.10.7.3 STATUTORY AUTHORITY: Sections 22-2-1, 22-2-2 and 22-2C-4, [22-13-1.1 and 22-13-1.2,] NMSA 1978. [6.10.7.3 NMAC - Rp, 6.10.7.3 NMAC, 10/16/2018]
6.10.7.4 DURATION: Permanent [6.10.7.4 NMAC - Rp, 6.10.7.4 NMAC, 10/16/2018]
6.10.7.5 EFFECTIVE DATE: October 16, 2018, unless a later date is cited at the end of a section. [6.10.7.5 NMAC - Rp, 6.10.7.5 NMAC, 10/16/2018]
6.10.7.6 OBJECTIVE: [The public education department (PED) is required by statute to measure student achievement through standardized tests administered in public schools. These tests are also administered by agreement in state educational institutions and bureau of Indian education schools. To carry out this duty, the PED hereby establishes uniform procedures for preparation, security, administration, and safeguarding of standardized tests wherever administered.] This rule establishes the roles, responsibilities, and procedures required for the preparation, storing, handling, distribution, security, and administration of standardized tests. [6.10.7.6 NMAC - Rp, 6.10.7.6 NMAC, 10/16/2018]
6.10.7.7 DEFINITIONS: [ A. "Testing irregularity" means any circumstance within or beyond the control of a school district that in the opinion of the PED or a school district raises doubts about the propriety of standardized testing procedures, preparation materials, standardized testing administration, standardized testing security, student scores attained from standardized testing, or teacher or student conduct observed during standardized testing.
B. "Standardized test" means any nationally norm-referenced test, state or national performanceassessment, state or national criterion-referenced assessment or state or national standards-based assessment that is required by law to be administered in all school districts and is required to be administered with standard procedures.
C. "Standardized test material" means a standardized test or any related items such as examinerguides, preparation materials, test security guides, answer sheets or booklets and any student notes, answers, or essays generated during the administration of a standardized test.
D. "Nationally norm-referenced test" means a timed test whose purpose is to measure studentperformance against a national norming group.
E. "Criterion-referenced assessment" means an assessment that is based upon identified criteria.F. "Standards-based assessment" means a standardized assessment whose purpose is to measure
student performance against state standards and benchmarks. G. "Performance assessment" means an assessment based on an extended task which is a
demonstration of student ability. H. "District test coordinator" means the licensed school personnel or administrator in a district
Proposed Section 6.10.7 NMAC ATTACHMENT 1
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6.10.7 NMAC 2
with the overall responsibility for district handling, storing, distributing and recording such distribution by booklet or answer sheet number, collecting, and administering standardized tests, training school personnel in test security matters and proper administration procedures, and shall be that district's superintendent unless another licensed school instructor or administrator is formally designated. I. "School test coordinator" means the licensed school instructor or administrator in a school with the responsibility for handling, storing, distributing assessments for administration to test examiners and recording such distribution by booklet or answer sheet number, collecting, and administering standardized tests, training school personnel in test security matters and proper administration procedures within the school site, and shall be designated by the district's superintendent. J. "Test examiner" means every licensed school instructor or administrator in a school district with the responsibility of administering tests under this rule. K. "New Mexico statewide assessment program" (“NMSAP”) means the assessment program that is approved by the PED and designates the required standardized tests to be administered in New Mexico public school districts, charter schools and state educational institutions. L. “Test administration window” means a specified period of time, as designated by the PED assessment and evaluation unit, during which statewide tests must be administered. M. “Proctor” means a designated, trained person(s) to assist the test administrator during the time of testing.] A. "District or charter test coordinator" or “DTC” means the licensed school instructor, counselor, student success advisor, or administrator in a school district, charter school, state educational institution, or bureau of Indian education school designated by the district superintendent, charter administrator, or governing authority of a state educational institution or BIE school with the overall responsibility for:
(1) handling, storing, and distributing standardized tests; (2) recording standardized test distribution by booklet or answer sheet number; (3) collecting and administering standardized tests; (4) training school personnel in test security matters; and (5) following proper administration procedures.
B. “Instructional support provider” means every licensed educational diagnostician, interpreter for the deaf, rehabilitation counselor, school counselor, school psychologist, school social worker, or speech language pathologist. C. "New Mexico statewide assessment program" or “NMSAP” means the assessment program that is approved by the department and designates the required standardized tests to be administered in New Mexico public school districts, charter schools, state educational institutions, and bureau of Indian education schools. D. “Proctor” means a designated, trained person who assists the test administrator during the time of testing. E. “School test coordinator" means the licensed school instructor, counselor, student success advisor, administrator, or instructional support provider responsible for:
(1) handling, storing, and distributing standardized tests for administration to test examiners; (2) recording standardized test distribution by booklet or answer sheet number; (3) collecting and administering standardized tests; (4) training school personnel in test security matters; and (5) following proper administration procedures within the school site.
F. "Standardized test" means any nationally norm-referenced assessment, state or national performance assessment, or state or national criterion-referenced assessment. G. "Standardized test material" means a standardized test or any related items for paper-based or online testing such as examiner guides, preparation materials, student test tickets, test security guides, answer sheets or booklets, and any student notes, answers, or essays generated during the administration of a standardized test. H. "Test administrator" means the licensed school instructor, counselor, student success advisor, administrator, or instructional support provider in a school district, charter school, state educational institution, or bureau of Indian education school with the responsibility of administering tests under the guidelines outlined in 6.10.7 NMAC. I. “Test administration window” means a specified period of time, as designated by the department assessment bureau, during which statewide tests shall be administered. J. "Testing irregularity" means any circumstance within or beyond the control of a school district or charter that raises doubts with the department, district, or charter about the propriety of standardized testing procedures, preparation materials, standardized testing administration, standardized testing security, student scores
Proposed Section 6.10.7 NMAC ATTACHMENT 1
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6.10.7 NMAC 3
attained from standardized testing, or educators’ or individuals’ conduct observed during standardized test administration. [6.10.7.7 NMAC - Rp, 6.10.7.7 NMAC, 10/16/2018] 6.10.7.8 [DISTRICT SUPERINTENDENT'S RESPONSIBILITY] RESPONSIBILITIES OF SUPERINTENDENTS AND CHARTER ADMINISTRATORS: [It shall be the responsibility of each school district superintendent to ensure that standardized tests are handled, stored, prepared for, and administered in accordance with this rule and in accordance with any precautionary instructions provided with the tests.] It shall be the responsibility of each superintendent or charter administrator to ensure that standardized tests are handled, stored, prepared for, and administered in accordance with 6.10.7 NMAC and test manuals provided by the department and testing vendors. [A. The superintendent may designate one district test coordinator and additional school test coordinators for the purpose of delegating the duties necessary to carry out compliance with this rule. The district test coordinator must attend standardized test training workshops provided by the PED. The district test coordinator shall hold a valid PED certified school instructor or administrator license, excluding licenses for substitutes, educational assistants, school nurses, and coaches.] A. Superintendents and state charter administrators shall designate one DTC and may designate a secondary test coordinator for the purpose of delegating the duties necessary to comply with 6.10.7 NMAC. B. Test administration at district charters shall be the responsibility of the DTC designated by the district superintendent. District charters may submit written requests to designate their own test coordinator. Requests shall be submitted to and approved by the superintendent at the start of the school year. Failure to meet any standardized test administration policies or practices will result in removal of the district charter test coordinator without appeal. Upon such determination, all test coordination responsibilities shall defer back to the authorizing district’s test coordinator. [B. Any such designation shall: (1) be in writing; (2) identify the name and title if any of the person(s) so delegated; (3) indicate the duration of their assignment which shall be no less than one nor more than three calendar years; and (4) indicate that this person(s) has been given a copy of this rule together with any written district policies relating to standardized test preparation, administration and security.]
C. The designation of district, charter, and secondary test coordinators shall: (1) be in writing; and (2) identify the name, title, and contact information of the person(s) so delegated. D. The superintendent or charter administrator shall complete and return the verification of test security, staff training, and accommodations requirements form to the department within ten business days after the close of all NMSAP testing at the end of each semester. [6.10.7.8 NMAC - Rp, 6.10.7.8 NMAC, 10/16/2018] [6.10.7.9 DISTRICT TEST COORDINATOR'S RESPONSIBILITY: [To produce valid results, standardized test materials should be stored, handled, disposed of and administered in a uniform and secure manner. This requires adherence to training procedures and topics, test preparation procedures and administration practices that emphasize test security, compliance with test vendor legal, administration, handling, and disposal procedures, and adherence to the New Mexico Standards of Professional Conduct set forth at 6.60.2 .9 NMAC. These practices are intended to apply to all individuals, other than the tested students themselves, who are expressly or implicitly given access to standardized tests. The district test coordinator shall attend semiannual workshops held by PED in order to be trained and then shall provide training for all district personnel involved in test administration, preparation, and security. It shall be the responsibility of each school district's test coordinator to, at a minimum, implement and carry out the following test material preparation, handling, storage, administration, and secure disposal practices.] A. In the absence of a written district policy that includes the following procedures, the district test coordinator shall develop a checklist and written procedure for storing and handling standardized test material whereby: (1) standardized tests shall be counted, inventoried and stored in a secure area; (2) space permitting, standardized test material should be stored in sealed containers in a secure area;
Proposed Section 6.10.7 NMAC ATTACHMENT 1
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6.10.7 NMAC 4
(3) standardized test material not stored in sealed containers shall be segregated, wrapped in clear or unclear paper, and sealed securely with packing tape bearing the sealing date and the initials of the person sealing it; and (4) standardized test material, as directed by the PED, shall be disposed of by either shredding or returning such materials to the test vendor. B. In the absence of a written district policy that includes the following procedures, the district test coordinator shall develop a checklist and procedure for accessing standardized test material whereby: (1) access to standardized test material shall be restricted, limited and controlled, with personnel having access designated by the district superintendent; (2) records shall be maintained that identify the individual who removed a standardized test(s) or other standardized test material, the name of the standardized test(s) or standardized test material that was removed, how many standardized tests or standardized test materials were removed, the identifying number of the standardized test(s) or standardized test material removed, and the date the standardized test(s) or standardized test material was removed; (3) each standardized test material access record shall be maintained for at least five calendar years and be made available for review by the PED upon request; (4) records similar to Paragraph (2) of Subsection B of Section 9 of 6.10.7 NMAC above shall be maintained on the return of any standardized test material removed; and (5) the district test coordinator shall inform all district teachers, aides, educational assistants, substitutes, volunteers, licensed and unlicensed office staff, and anyone else who is likely to come into contact with standardized testing material, of the need to maintain strict standardized test security by: (a) developing and disseminating handouts to these individuals; (b) offering in-service training to these individuals; and (c) prior to and during a state-mandated assessment administration window, posting conspicuous signs near school copy machines warning that PED rules prohibit the copying of any portion of a standardized test including a student's answer, and any other standardized testing material. C. In the absence of a written district policy that includes the following procedures, the district test coordinator shall develop a checklist, in-service training and a written procedure for administering standardized tests whereby: (1) in-service training shall be provided to all persons who administer or proctor a standardized test, and no one shall be permitted to administer or proctor a standardized test without first completing training in accordance with timelines, topics, and materials designated by the PED; (2) only certified school instructors and administrators, excluding substitutes, educational assistants, school nurses, and coaches, shall administer a standardized test; (3) PED sign-in forms, listing training topics and printed name and signature, shall be maintained as a record by date to identify all individuals who have completed the district training in test security, practice materials, and administration of standardized tests; (4) each sign-in record shall be maintained for at least five calendar years and be made available for review by the PED upon request; (5) all test examiners and proctors shall be informed that prohibited test practices include but are not limited to: (a) changing a student's standardized test answers including but not limited to erasing, double-marked or lightly erased or lightly marked answers, or directing or suggesting that a student change a standardized test answer; (b) providing students with a review of specific standardized test items, specific standardized test items with minor changes in settings or numbers, verbal or written restatements of standardized test items, specific vocabulary from standardized test directions or standardized test items, or answers before, during or after a standardized test; (c) discussing, photocopying, or reproducing in any other fashion including paraphrasing, any portion of a standardized test or a student's answer; (d) affording any student under a standardized administration extra time to complete a timed subtest, unless permitted as an accommodation; (e) reading standardized test items aloud to students unless required in a specific standardized test or unless a student is required to be provided with special accommodations; permitting students to talk, become disruptive or exchange any papers during a standardized test; (f) permitting students during a standardized test to have on their desk or use any
Proposed Section 6.10.7 NMAC ATTACHMENT 1
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6.10.7 NMAC 5
unauthorized items, including but not limited to, scrap paper (if not required for a subtest), hand computers, laptop computers, cell phones with or without cameras, cameras, calculators, calculator watches and rulers unless any of these are required or permitted by standardized test instructions; (g) permitting students to observe standardized test vocabulary words with definitions, addition or multiplication tables (in various forms), spelling words on the standardized test, or similar assistance material during the administration of the standardized test; (i) permitting students to begin a subtest, leave the testing room, and return to finish the subtest; (j) permitting students to enter a testing room after the standardized test has already commenced; (k) permitting state-mandated test material to remain unattended in an unlocked room; (l) taking standardized or state-mandated test material off campus unless specifically authorized by the district test coordinator; (m) displaying or failing to conceal visual aids that may assist students in the testing room; (6) test examiners shall take prompt, corrective action if they observe a student engaged in any prohibited conduct during a standardized test; and (7) all test examiners shall be informed of their duty to promptly report testing irregularities as soon as they are aware to the district test coordinator. D. Regardless of whether a district elects to appoint a school test coordinator, district test coordinators shall provide in-service training to all principals in their district in the storing, handling, destruction, and administration of standardized test material. (1) Principals shall receive the same in-service training and be charged with the same knowledge as those administering standardized test material and those serving as test examiners as set forth in Subsection C of Section 6.10.7.9 NMAC above. (2) Although district test coordinators need not directly train assistant principals within their districts, if they choose not to train them, they shall at a minimum require assistant principals to be knowledgeable in accordance with Subsection C of Section 9 of 6.10.7 NMAC above. E. All training required by this section shall be administered prior to the fall and spring test administration windows. The assessment and evaluation unit of the PED shall inform the district test coordinators of the dates of those test administration windows in a memo disseminated to each district test coordinator at least annually. [6.10.7.9 NMAC - N, 09/28/2001; A, 11/13/2009; A, 03/15/2012] 6.10.7.9 RESPONSIBILITIES OF DISTRICT OR CHARTER TEST COORDINATORS: A. The DTC shall attend all trainings indicated as mandatory by the department in their entirety. DTC attendance at mandatory trainings shall be subject to verification. B. Once trained, DTCs shall provide training for all secondary test coordinators, school test coordinators, and all personnel involved in test administration, preparation, and security. C. DTCs shall provide principals the same training as test administrators as well as additional training in the storing, handling, destruction, and administration of standardized test material. Assistant principals shall, at a minimum, be knowledgeable of the requirements for the administration of standardized tests set forth in Subsection C of 6.10.7.12 NMAC. D. The DTC shall inform all teachers, educational assistants, substitutes, volunteers, licensed and unlicensed office staff, and anyone else who is likely to come into contact with standardized testing material of the need to maintain strict standardized test security by: (1) developing and disseminating handouts to these individuals; (2) providing training to these individuals; and (3) posting conspicuous signs near school copy machines prior to and during a standardized test that warn of department rules prohibiting the copying of any portion of a standardized test, including student responses and any other standardized testing material. E. The DTC shall provide training participants with copies of the following: (1) 6.10.7 NMAC and any other relevant statute or regulation, if necessary; (2) written district or charter guidance documents; (3) testing schedules; and
Proposed Section 6.10.7 NMAC ATTACHMENT 1
9
6.10.7 NMAC 6
(4) test administration manuals. F. The department shall inform DTCs of the test administration windows in writing at least annually. DTCs shall ensure that all required training, including online testing and test security training, is administered prior to the fall and spring test administration windows. G. In the absence of a written district or charter policy that includes the procedures outlined in 6.10.7.12 NMAC, the DTC shall develop checklists and written procedures for internal use to ensure compliance with 6.10.7 NMAC. H. The DTC shall: (1) ensure all procedures for standardized testing comply with 6.10.7.12 NMAC; and (2) carry out infrastructure trials and online testing preparations. [6.10.7.9 NMAC - Rp, 6.10.7.9 NMAC, 10/16/2018] [6.10.7.10 SCHOOL TEST COORDINATOR'S RESPONSIBILITY: A. The school test coordinator(s), if one or more are appointed by the superintendent, shall be trained by the district test coordinator and then shall provide training for all school personnel involved in test administration, preparation, and security, unless the district test coordinator provides such training. It shall be the responsibility of each school’s test coordinator to, at a minimum, implement and carry out the following test material preparation, handling, storage, administration, and secure disposal practices. B. The school test coordinator(s), if one or more are appointed by the superintendent, shall utilize the written district policy or checklist and written procedures developed by the district test coordinator for storing, accessing, and administering standardized tests. [6.10.7.10 NMAC - N, 9/28/2001] 6.10.7.10 RESPONSIBILITIES OF SCHOOL TEST COORDINATORS: A. The school test coordinator(s) shall be trained by the DTC and shall provide training for all school personnel involved in test administration, preparation, and security, unless the DTC provides such training. B. The school test coordinator(s) shall use the written district or charter policy or checklists and written procedures developed by the DTC to implement the procedures outlined in 6.10.7.13 NMAC. [6.10.7.10 NMAC - Rp, 6.10.7.10 NMAC, 10/16/2018] [6.10.7.11 STAFF RESPONSIBILITY: A. All school district staff, including administrators, teachers, volunteers and office personnel who come in contact with standardized tests, shall familiarize themselves with basic principles of standardized test security. Any specific questions should be directed, first to their school or district test coordinator, then to the assessment and evaluation unit of the PED. B. Test examiners shall: (1) administer the standardized test according to the directions and specifications in the standardized test examiner’s manual and during the designated test administration window; (2) return the standardized tests to the school or district test coordinator after testing each day during the test administration window for secure overnight storage; (3) use test monitors in the hall to gather additional materials or deal with medical situations; and (4) review the standardized test examiner’s manual so that administration procedures are understood. C. It shall be a prohibited practice for anyone to: (1) photocopy or reproduce in any other fashion including paraphrasing, any portion of a standardized test including a student’s answer; (2) teach from, possess or in any way disseminate a photocopy or other reproduced or paraphrased standardized test or portion of a standardized test; (3) copy copyrighted test preparation materials for the purpose of distribution; (4) provide students with a review of specific standardized test questions or answers before, during or after a standardized test; (5) permit secure standardized test material to remain unattended in an unlocked room; (6) coach or otherwise inappropriately assist with the selection or writing of student answers; (7) take standardized test material off campus unless specifically authorized by the district test coordinator or the assessment and evaluation unit of the PED.
Proposed Section 6.10.7 NMAC ATTACHMENT 1
10
6.10.7 NMAC 7
[6.10.7.11 NMAC - N, 09/28/2001; A, 11/13/2009; A, 7/29/2016] 6.10.7.11 RESPONSIBILITIES OF TEST ADMINISTRATORS: A. Test administrators shall be trained by the school test coordinator or the DTC. B. Trainings shall inform test administrators of their duty to promptly report testing irregularities as soon as they are aware to the DTC. C. Test administrators shall: (1) review the standardized test administrator’s manual so that administration procedures are understood; (2) use test proctors in the hall to gather missing supplies or deal with medical situations; (3) administer the standardized test according to the directions and specifications in the standardized test administrator’s manual; (4) only administer the standardized test during the designated test administration window; (5) return the standardized tests to the school, district, or charter test coordinator after testing each day during the test administration window for secure overnight storage; and (6) take prompt, corrective action if a student is observed engaging in any prohibited conduct during a standardized test. [6.10.7.11 NMAC - Rp, 6.10.7.11 NMAC, 10/16/2018] 6.10.7.12 NON-DISCLOSURE OF STUDENT TEST MATERIALS: All standardized tests in the NMSAP are the sole PED-approved and mandated assessments for the state of New Mexico. Each, with the exception of off-the-shelf standardized assessments, was developed by the PED, or the test vendor under contract with the PED, to help identify academic progress made by public education students and evaluate the program effectiveness of New Mexico public schools. The PED has a proprietary interest in the assessments within the NMSAP. As such, the PED must safeguard not only its proprietary interest, but also the confidentiality of each standardized test. A. Any person suspected of engaging in a testing irregularity who requests a meeting, review, or hearing under state law or regulation shall have only limited access to test items within the NMSAP. (1) Given the proprietary nature of any assessment which is part of the NMSAP, under no circumstance shall a standardized test which is part of the NMSAP be released. (2) Upon request, a person suspected of engaging in a testing irregularity shall be given as much access to an NMSAP assessment as is reasonably necessary to prepare for a pending meeting or hearing. (3) The original or copy of any NMSAP assessment used as evidence at any meeting or hearing shall also be subject to confidentiality by all attendees and participants. B. Any person given permission to view an NMSAP assessment may only view the assessment during routine office hours of the PED under supervision of an PED employee and on the PED’s premises, unless permission is given to review the assessment under the direction of an appointee of the PED. No NMSAP may be written on, marked, electronically copied, hand-duplicated, or otherwise removed from the premises of the PED or a local education agency in possession of an NMSAP assessment. C. Any person permitted to review any standardized test which is part of the NMSAP or participating in a review associated with assessment development procedures shall sign a non-disclosure form offered by the PED agreeing not to reveal any confidential materials, specific standardized test items, or specific concepts or skills to be measured on the standardized test to include verbal or written restatements of standardized test items, minor changes in settings or numbers, and specific vocabulary from standardized test directions or standardized test items. [6.10.7.12 NMAC - N, 09/28/2001; A, 11/13/2009] 6.10.7.12 PROCEDURES FOR STANDARDIZED TESTING: A. Storing and handling of standardized test material. (1) Standardized tests shall be counted, inventoried, and stored in a secure, locked location with limited access. (2) Space permitting, standardized test material shall be stored in sealed containers in a secure area. (3) Standardized test materials, as directed by the department, shall be disposed of by either shredding or returning such materials to the test vendor. B. Accessing standardized test material. (1) Access to standardized test materials shall be restricted, limited, and controlled.
Proposed Section 6.10.7 NMAC ATTACHMENT 1
11
6.10.7 NMAC 8
(2) Personnel with access to standardized test materials shall be designated by the superintendent or charter administrator. (3) The removal of standardized test materials from their secure, locked location for the purposes of test administration and submittal at the close of the test administration window shall be logged and recorded. Records shall: (a) identify the individual who removed standardized test materials; (b) identify the name(s) and identifying number(s) of the standardized test materials that were removed; (c) identify the number of standardized test materials that were removed; (d) identify the date the standardized test materials were removed; (e) include documentation of any standardized test materials taken off school grounds and their return; (f) be maintained for at least five calendar years; and (g) be made available for review by the department upon request. C. Administration of standardized tests. (1) Only licensed school instructors, administrators, and instructional support providers shall administer a standardized test. (2) Substitutes, educational assistants, school nurses, and coaches shall not administer standardized tests. (3) Training shall be provided to all persons who administer or proctor a standardized test. Individuals shall not be permitted to administer or proctor a standardized test without first completing training in accordance with the timelines, topics, and materials designated by the department. (a) Sign-in forms listing training topics, printed name, and signature shall be maintained as a record by date to identify all individuals who have completed the district or charter training in test security, practice materials, and administration of standardized tests. (b) Each sign-in record shall be maintained for at least five calendar years and be made available for review by the department upon request. (4) The ratio of test administrators to students shall not exceed 25 students per test administrator. (5) Test proctors shall be utilized to support the following: (a) gathering of missing supplies; and (b) assistance with medical situations. D. Prohibited Practices. The following practices shall be prohibited: (1) changing a student's standardized test answers, erasing double-marked or lightly erased or lightly marked answers, or directing or suggesting that a student change a standardized test answer; (2) providing students with a review of specific standardized test items, specific standardized test items with minor changes in settings or numbers, verbal or written restatements or paraphrasing of standardized test items, specific vocabulary from standardized test directions or standardized test items, or answers before, during or after a standardized test; (3) discussing, photocopying, or reproducing in any other fashion including paraphrasing, any portion of a standardized test or student responses; (4) affording any student under a standardized administration extra time to complete a timed subtest, unless permitted as an accommodation in the student’s IEP, 504 plan, or English learner plan; (5) reading standardized test items aloud to students unless required in a specific standardized test or unless required as an accommodation in the student’s IEP, 504 plan, or English learner plan; (6) permitting students during a standardized test to have on or near their desk or on their person, any unauthorized items, including scrap paper, tablets, laptop computers, cell phones with or without cameras, cameras, calculators, calculator watches, smart watches, media players, headphones, backpacks, and rulers unless any of these are required or permitted by standardized test instructions; (7) permitting students to observe standardized test vocabulary words with definitions, addition or multiplication tables (in various forms), spelling words on the standardized test, or similar assistance material during the administration of the standardized test; (8) permitting students to talk, become disruptive, or exchange any test materials; (9) permitting students to begin a subtest, leave the testing room, and return to finish the subtest; (10) permitting students to enter a testing room after the standardized test has already
Proposed Section 6.10.7 NMAC ATTACHMENT 1
12
6.10.7 NMAC 9
commenced; (11) permitting standardized test material to remain unattended in an unlocked room; (12) taking standardized test material off campus unless specifically authorized by the DTC; (13) displaying or failing to conceal visual aids that may assist students in the testing room; (14) administering a standardized test to immediate family members or relatives including children, stepchildren, siblings, nieces, nephews, or grandchildren; (15) teaching from, possessing, or in any way disseminating a photocopy or other reproduced or paraphrased standardized test or portion of a standardized test; (16) copying copyrighted test preparation materials for the purpose of distribution; and (17) coaching or otherwise inappropriately assisting with the selection or writing of student answers. [6.10.7.12 NMAC - Rp, 6.10.7.12 NMAC, 10/16/2018] 6.10.7.13 REPORTING TESTING IRREGULARITIES: The PED finds that measuring student achievement through the administration of standardized tests will have a positive, long reaching impact on students, school districts and school improvement. To ensure the integrity of these tests and their results, the principles of test security must be strictly followed. Accordingly, material violations of this rule or breaches of test security shall constitute good and just cause to suspend or revoke a person's PED licensure. Additionally: A. School district personnel and volunteers shall promptly report suspected testing irregularities to the district test coordinator. Where the district test coordinator is suspected of having engaged in a testing irregularity, reporting shall be made within three days of learning of the suspected irregularity by telephoning the assessment and evaluation unit of the PED. B. School districts shall report by telephone suspected testing irregularities to the assessment and evaluation unit of the PED within three working days of being notified of a suspected testing irregularity. C. The district test coordinator shall submit a report to the assessment and evaluation unit of the PED that contains the allegation(s), his/her findings and corrective action taken, if any. D. School districts shall cooperate with the PED if the PED determines that further investigation or action is needed. [6.10.7.13 NMAC - N, 09/28/2001; A, 11/13/2009] 6.10.7.13 NONDISCLOSURE OF STANDARDIZED TEST MATERIALS: A. All standardized tests in the NMSAP are the proprietary interest of the department and shall be safeguarded. B. Any person permitted to review a standardized test that is part of the NMSAP or participating in a review associated with assessment development procedures shall sign a nondisclosure form offered by the department agreeing not to reveal any confidential materials, specific standardized test items, or specific concepts or skills to be measured on the standardized test to include verbal or written restatements of standardized test items, minor changes in settings or numbers, and specific vocabulary from standardized test directions or standardized test items. C. Any person given permission to review an NMSAP assessment may only review the assessment on site during department office hours with the supervision of a department employee, unless permission is given for reviewing the assessment with an appointee of the department. No NMSAP assessment may be written on, marked, electronically copied, hand-duplicated, or otherwise removed from the premises of the department or a local education agency in possession of an NMSAP assessment. D. Upon request, a person suspected of engaging in a testing irregularity shall be given as much access to an NMSAP assessment as is reasonably necessary to prepare for a pending meeting or hearing. The original or copy of any NMSAP assessment used as evidence at any meeting or hearing shall also be subject to confidentiality by all attendees and participants. E. With the permission of testing vendors, the department may choose to release select portions of standardized assessments for the purposes of training and professional development. Under no circumstance shall any part of a standardized test not previously released by the department be released by any unauthorized individual or organization. [6.10.7.13 NMAC - Rp, 6.10.7.13 NMAC, 10/16/2018] 6.10.7.14 CORRECTIVE MEASURES: After investigating suspected testing irregularities and confiscating any standardized test material it deems necessary to conclude its investigation, the PED may take any
Proposed Section 6.10.7 NMAC ATTACHMENT 1
13
6.10.7 NMAC 10
combination of the following corrective measures: A. direct the district or a named individual to cease and desist engaging in a particular testing irregularity or the administration of further standardized tests during the current school year; B. confiscate any standardized test materials that jeopardizes the security of the standardized test; C. recommend any further action it deems reasonable and necessary to maintain test security; D. invalidate the standardized test results and inform the district that a specific standardized test or portion of a standardized test must be replaced with a re-administered similar or alternative form, or any affected student will not receive scores on portions or all of a standardized assessment; E. refer the matter for possible suspension or revocation of a person's educator or administrator licensure or other PED licensure pursuant to procedures set forth in the PED’s suspension/revocation rule; F. refer the matter to the accreditation team for appropriate action; G. take any other action authorized by state or federal law or regulation; H. modify school and district accountability determinations. [6.10.7.14 NMAC - N, 09/28/2001; A; 11/13/2009; A; 03/15/2012] 6.10.7.14 REPORTING STANDARDIZED TESTING IRREGULARITIES: To ensure the integrity of standardized tests and their results, the principles of test security shall be strictly followed. Accordingly, material violations of this rule or breaches of test security shall constitute good and just cause to suspend or revoke a person's department licensure. A. School personnel and volunteers shall report suspected testing irregularities to the DTC within 24 hours.
B. Districts and charters shall report by telephone or e-mail suspected testing irregularities to the department within three business days of being notified of a suspected testing irregularity. C. The DTC shall submit a testing irregularity reporting form within ten business days to the department assessment bureau that contains:
(1) the allegation(s); (2) the findings from a completed investigation at the local level; and (3) the corrective action taken, if any.
D. If a DTC is suspected of having engaged in a testing irregularity, the individual who discovers the irregularity shall notify the department assessment bureau by telephone or e-mail within three business days of learning of the suspected irregularity. E. Districts and charters shall cooperate with the department if further investigation or action is needed. [6.10.7.14 NMAC - Rp, 6.10.7.14 NMAC, 10/16/2018] 6.10.7.15 CORRECTIVE MEASURES FOR STANDARDIZED TESTING IRREGULARITIES: A. The department reserves the right to investigate suspected testing irregularities and confiscate any materials deemed necessary to conclude the investigation at their discretion. B. Any combination of the following corrective measures may be taken by the department: (1) direct the district or charter or a named individual to cease and desist engaging in a particular testing irregularity or the administration of further standardized tests during the current school year; (2) revoke access to standardized test materials to ensure test security; (3) recommend any further action it deems reasonable and necessary to maintain test security; (4) invalidate the standardized test results and inform the district or charter that the affected student will not receive scores on portions or all of a standardized assessment; (5) refer the matter for possible suspension or revocation of a person's educator or administrator licensure or other department licensure pursuant to procedures set forth in 6.68.3 NMAC; (6) refer the matter to other department divisions for appropriate action; (7) take any other action authorized by state or federal law or regulation; or (8) modify school, district, and charter accountability determinations. [6.10.7.15 NMAC - N, 10/16/2018] HISTORY OF 6.10.7 NMAC History of Repealed Material:
Proposed Section 6.10.7 NMAC ATTACHMENT 1
14
6.10.7 NMAC 11
6.10.7 NMAC, Statewide Standardized Testing Security Issues and Irregularities, filed 9/28/2001 - Repealed effective 10/16/2018. Other History of 6.10.7 NMAC: 6.10.7 NMAC, Statewide Standardized Testing Security Issues and Irregularities, filed 9/28/2001, was repealed and replaced by 6.10.7 NMAC, Statewide Standardized Testing Security Issues and Irregularities, effective 10/16/2018.
Proposed Section 6.10.7 NMAC ATTACHMENT 1
15
16
Res
pons
ibili
ties
of In
divi
dual
s As
soci
ated
with
Sta
ndar
dize
d Te
stin
g un
der P
ropo
sed
6.1
0.7
NM
AC
Entit
y Cu
rren
t Res
pons
ibili
ties
New
Res
pons
ibili
ties
Elim
inat
ed R
espo
nsib
ilitie
s N
otes
Pu
blic
Ed
ucat
ion
Dep
artm
ent
Pr
ovid
e tr
aini
ng
for
scho
ol
dist
rict
and
char
ter s
choo
l tes
t coo
rdin
ator
s.
In
form
sch
ool d
istr
ict a
nd c
hart
er s
choo
l tes
tco
ordi
nato
rs o
f tes
t adm
inis
trat
ion
win
dow
sat
leas
t ann
ually
.
Inve
stig
ate
and
take
act
ion
in in
cide
nces
of
susp
ecte
d te
stin
g irr
egul
ariti
es.
Supe
rinte
nden
t or
Ch
arte
r Sc
hool
H
ead
Adm
inis
trat
or
6.1
0.7
.8 N
MAC
En
sure
st
anda
rdiz
ed
test
s ar
e ha
ndle
d,st
ored
, pr
epar
ed f
or,
and
adm
inis
tere
d in
acco
rdan
ce
with
6
.10
.7
NM
AC
and
test
man
uals
pro
vide
d by
PED
and
test
ven
dors
.
Des
igna
te
in
writ
ing
a sc
hool
di
stric
t or
char
ter
scho
ol
test
co
ordi
nato
r an
dop
tiona
lly a
sec
onda
ry te
st c
oord
inat
or.
Co
mpl
ete
and
retu
rn a
for
mve
rifyi
ng
test
se
curit
y,
staf
ftr
aini
ng, a
nd a
ccom
mod
atio
nsre
quire
men
ts w
ithin
10
day
sof
the
clo
se o
f te
stin
g at
the
end
of e
ach
sem
este
r.
Loca
lly
char
tere
d ch
arte
rsc
hool
s m
ay s
ubm
it re
ques
tsto
su
perin
tend
ents
to
desi
gnat
e th
eir
own
char
ter
scho
ol te
st c
oord
inat
or.
Te
st c
oord
inat
ors
are
no lo
nger
limite
d to
a d
urat
ion
of o
ne t
oth
ree
year
s,
Supe
rinte
nden
ts
and
char
ter
scho
ol h
ead
adm
inis
trat
ors
nolo
nger
ne
ed
to
indi
cate
test
coor
dina
tors
ha
ve
been
gi
ven
a co
py o
f 6.1
0.7
NM
AC.
The
rule
spe
cific
ally
req
uire
s su
perin
tend
ents
an
d ch
arte
r sc
hool
he
ad
adm
inis
trat
ors
to
ensu
re s
choo
ls a
nd s
choo
l dis
tric
ts a
re m
eetin
g th
e re
quire
men
ts
of
6.1
0.7
N
MAC
an
d te
st
man
uals
pro
vide
d by
PED
and
test
ven
dors
.
Failu
re o
f a lo
cally
-cha
rter
ed c
hart
er s
choo
l tes
t co
ordi
nato
r to
m
eet
any
stan
dard
ized
te
st
adm
inis
trat
ion
polic
ies
or p
ract
ices
will
resu
lt in
re
mov
al o
f the
test
coo
rdin
ator
with
out a
ppea
l.
Scho
ol
Dis
tric
t or
Ch
arte
r Sc
hool
Te
st
Coor
dina
tors
6.1
0.7
.9 N
MAC
At
tend
all
PED
-man
date
d tr
aini
ngs.
Pr
ovid
e tr
aini
ng
for
all
seco
ndar
y te
stco
ordi
nato
rs,
scho
ol t
est
coor
dina
tors
, an
dal
l per
sonn
el in
volv
ed in
test
adm
inis
trat
ion,
pr
epar
atio
n, a
nd s
ecur
ity.
Pr
ovid
e th
e sa
me
trai
ning
for p
rinci
pals
, with
ad
ditio
nal i
nfor
mat
ion
on s
torin
g, h
andl
ing,
dest
royi
ng a
nd a
dmin
iste
ring
stan
dard
ized
test
s.
Assi
stan
t pr
inci
pals
sh
all
bekn
owle
dgea
ble
of
the
adm
inis
trat
ion
ofst
anda
rdiz
ed te
sts
requ
ired
in S
ubse
ctio
n C
of 6
.10
.7.1
2 N
MAC
.
Info
rm a
ll te
ache
rs, e
duca
tiona
l ass
ista
nts,
subs
titut
es,
volu
ntee
rs,
offic
e st
aff,
and
anyo
ne e
lse
likel
y to
com
e in
to c
onta
ct w
ithst
anda
rdiz
ed t
ests
of
the
need
to
mai
ntai
nst
rict s
ecur
ity.
En
sure
all
trai
ning
is
adm
inis
tere
d pr
ior
toth
e sp
ring
and
fall
test
ad
min
istr
atio
nw
indo
ws.
En
sure
al
l pr
oced
ures
fo
r st
anda
rdiz
edte
stin
g co
mpl
y w
ith 6
.10
.7.1
2 N
MAC
. In
the
abse
nce
of w
ritte
n sc
hool
dis
tric
t or
cha
rter
scho
ol
polic
ies
that
in
clud
e th
ese
requ
irem
ents
, the
coo
rdin
ator
sha
ll de
velo
pch
eckl
ists
and
writ
ten
proc
edur
es to
ens
ure
com
plia
nce.
Pr
ovid
e tr
aini
ng
part
icip
ants
with
w
ritte
n co
pies
of
th
efo
llow
ing:
6
.10
.7
NM
AC
and
any
othe
r re
leva
nt s
tatu
te o
rre
gula
tion;
w
ritte
n sc
hool
dist
rict
or
char
ter
scho
olgu
idan
ce d
ocum
ents
; te
stin
gsc
hedu
les;
an
d te
stad
min
istr
atio
n m
anua
ls.
All
PED
tra
inin
gs a
re m
anda
tory
, bu
t la
ngua
ge
requ
iring
PE
D
to
hold
tr
aini
ng
wor
ksho
ps
sem
iann
ually
was
rem
oved
.
Vario
us s
peci
fic r
equi
rem
ents
of
stan
dard
ized
te
st a
dmin
istr
atio
n an
d se
curit
y w
ere
mov
ed t
o th
eir
own
sect
ion,
6.1
0.7
.12
NM
AC. I
nste
ad o
f lis
ting
thes
e as
spe
cific
req
uire
men
ts o
f sc
hool
di
stric
t and
cha
rter
sch
ool t
est c
oord
inat
ors,
the
prop
osed
ru
le
now
m
ore
appr
opria
tely
lis
ts
them
as
ge
nera
l st
anda
rdiz
ed
test
ing
requ
irem
ents
with
whi
ch a
ll in
divi
dual
s m
ust
com
ply.
ATTA
CHM
ENT
2
17
Entit
y Cu
rren
t Res
pons
ibili
ties
New
Res
pons
ibili
ties
Elim
inat
ed R
espo
nsib
ilitie
s N
otes
Sc
hool
Te
st
Coor
dina
tors
6.1
0.7
.10
N
MAC
Sh
all b
e tr
aine
d by
sch
ool d
istr
ict o
r ch
arte
rsc
hool
test
coo
rdin
ator
.
Shal
l pr
ovid
e tr
aini
ng
for
all
scho
olpe
rson
nel
invo
lved
in
test
adm
inis
trat
ion,
prep
arat
ion,
and
sec
urity
unl
ess
the
scho
oldi
stric
t or
cha
rter
sch
ool t
est
adm
inis
trat
orpr
ovid
es th
e tr
aini
ng.
Sh
all
use
writ
ten
dist
rict
or c
hart
er s
choo
lpo
licie
s an
d ch
eckl
ists
to
im
plem
ent
6.1
0.7
.13
N
MAC
(N
ote:
th
is
is
likel
y an
inco
rrec
t ci
tatio
n, m
eant
to
refe
r to
6.1
0.7
.1
2
NM
AC
whi
ch
cont
ains
te
stin
gre
quire
men
ts).
Sc
hool
tes
t co
ordi
nato
rs a
re n
olo
nger
sp
ecifi
cally
re
quire
d to
impl
emen
t an
d ca
rry
out
test
mat
eria
l pr
epar
atio
n, h
andl
ing,
stor
age,
ad
min
istr
atio
n,
and
secu
re d
ispo
sal.
Bec
ause
sc
hool
te
st
coor
dina
tors
w
ill
be
resp
onsi
ble
for
follo
win
g w
ritte
n sc
hool
dis
tric
t an
d ch
arte
r sc
hool
pro
cedu
res,
the
elim
inat
ed
resp
onsi
bilit
ies
may
stil
l ap
ply
to s
choo
l te
st
coor
dina
tors
, de
pend
ing
on t
he s
choo
l di
stric
t or
cha
rter
sch
ool p
olic
y.
Test
Ad
min
istr
ator
s
6.1
0.7
.11
N
MAC
(pre
viou
sly
calle
d “S
taff
”)
Pr
ompt
ly r
epor
t te
stin
g irr
egul
ariti
es t
o th
esc
hool
di
stric
t or
ch
arte
r sc
hool
te
stco
ordi
nato
r as
soo
n as
they
are
aw
are.
R
evie
w
the
stan
dard
ized
te
stad
min
istr
ator
’s m
anua
l.
Use
te
st
proc
tors
in
th
e ha
ll to
ga
ther
mis
sing
su
pplie
s or
de
al
with
m
edic
alsi
tuat
ions
.
Adm
inis
ter
the
test
acc
ordi
ng t
o th
e te
stad
min
istr
ator
’s m
anua
l.
Adm
inis
ter
the
test
du
ring
the
test
adm
inis
trat
ion
win
dow
.
Ret
urn
the
stan
dard
ized
test
s to
the
scho
ol,
scho
ol
dist
rict,
or
char
ter
scho
ol
test
coor
dina
tor
afte
r tes
ting
each
day
.
Take
pro
mpt
, cor
rect
ive
actio
n if
a st
uden
t is
obse
rved
en
gagi
ng
in
any
proh
ibite
dco
nduc
t dur
ing
the
test
.
Te
st
adm
inis
trat
ors
no
long
erne
ed
to
“fam
iliar
ize
them
selv
es”
with
the
prin
cipl
esof
st
anda
rdiz
ed
test
se
curit
y.Tr
aini
ng s
hall
be p
rovi
ded
by th
e sc
hool
dis
tric
t or
cha
rter
sch
ool
test
coo
rdin
ator
or b
y th
e sc
hool
te
st c
oord
inat
or.
The
prop
osed
lan
guag
e el
imin
ated
a c
hain
of
com
man
d th
at
wou
ld
requ
ire
test
ad
min
istr
ator
s to
dire
ct q
uest
ions
firs
t to
the
sc
hool
di
stric
t or
ch
arte
r sc
hool
te
st
coor
dina
tor,
then
to
th
e as
sess
men
t an
d ev
alua
tion
unit
of P
ED.
Two
resp
onsi
bilit
ies
of t
est
adm
inis
trat
ors
wer
e pr
evio
usly
lis
ted
in a
sep
arat
e se
ctio
n. T
hey
wer
e m
oved
to
6.1
0.7
.11
NM
AC t
o im
prov
e cl
arity
.
ATTA
CHM
ENT
2
18
Gen
eral
Reg
ulat
ions
Reg
ardi
ng S
tand
ardi
zed
Test
Adm
inis
trat
ion
unde
r Pro
pose
d 6
.10
.7 N
MAC
Reg
. Typ
e Cu
rren
t N
ew R
egul
atio
ns
Elim
inat
ed R
egul
atio
ns
Proc
edur
es
for
Stan
dard
ized
Te
stin
g
6.1
0.7
.12
NM
AC
St
anda
rdiz
ed t
ests
sha
ll be
cou
nted
, in
vent
orie
d, a
nd s
tore
d in
a s
ecur
e, l
ocke
d lo
catio
n w
ithlim
ited
acce
ss.
Sp
ace
perm
ittin
g, s
tand
ardi
zed
test
mat
eria
l sha
ll be
sto
red
in s
eale
d co
ntai
ners
in a
sec
ure
area
.
Stan
dard
ized
tes
t m
ater
ials
, as
dire
cted
by
the
depa
rtm
ent,
shal
l be
dis
pose
d of
by
eith
ersh
redd
ing
or re
turn
ing
such
mat
eria
ls to
the
test
ven
dor.
Ac
cess
to s
tand
ardi
zed
test
s sh
all b
e re
stric
ted,
lim
ited
and
cont
rolle
d.
Pe
rson
nel w
ith a
cces
s to
sta
ndar
dize
d te
sts
shal
l be
desi
gnat
ed b
y th
e su
perin
tend
ent o
r cha
rter
sc
hool
hea
d ad
min
istr
ator
.
The
rem
oval
of
stan
dard
ized
tes
t m
ater
ials
fro
m t
heir
secu
re lo
catio
n sh
all b
e re
cord
ed, l
istin
gth
e fo
llow
ing:
the
indi
vidu
al w
ho re
mov
ed th
e m
ater
ial,
the
nam
es a
nd ID
num
bers
of t
he s
tude
nts
who
se m
ater
ials
are
mat
eria
ls r
emov
ed, t
he n
umbe
r of
mat
eria
ls t
hat
wer
e re
mov
ed, t
he d
ate
they
wer
e re
mov
ed.
R
ecor
ds s
hall
be m
aint
aine
d fo
r fiv
e ye
ars
and
be m
ade
avai
labl
e fo
r re
view
by
PED
at
the
depa
rtm
ent’s
requ
est.
Li
cens
ed s
choo
l ins
truc
tors
, adm
inis
trat
ors,
and
inst
ruct
iona
l sup
port
pro
vide
rs s
hall
adm
inis
ter
stan
dard
ized
test
s.
Tr
aini
ng s
hall
be p
rovi
ded
to a
ll pe
rson
s w
ho a
dmin
iste
r or
pro
ctor
sta
ndar
dize
d te
sts.
Sig
n-in
form
s fo
r al
l tr
aini
ngs
shal
l be
mai
ntai
ned
as a
rec
ord
for
five
year
s to
ide
ntify
all
indi
vidu
als
cert
ified
to a
dmin
iste
r tes
ts.
R
ecor
ds d
etai
ling
the
rem
oval
of
stan
dard
ized
te
sts
mus
t do
cum
ent
whe
ther
st
anda
rdiz
ed
test
m
ater
ials
w
ere
take
n of
f sc
hool
gro
unds
an
d re
turn
ed.
Th
e ra
tio o
f te
st a
dmin
istr
ator
sto
stu
dent
s sh
all n
ot e
xcee
d 2
5st
uden
ts p
er te
st a
dmin
istr
ator
.
Test
pro
ctor
s sh
all
be u
sed
tosu
ppor
t te
st a
dmin
istr
ator
s in
gath
erin
g m
issi
ng s
uppl
ies
and
assi
stin
g w
ith
med
ical
si
tuat
ions
St
anda
rdiz
ed t
est
mat
eria
lno
t st
ored
in
a
seal
edco
ntai
ners
no
long
er n
eed
to b
e se
greg
ated
, w
rapp
edin
cle
ar o
r un
clea
r pa
per,
and
seal
ed
secu
rely
w
ithpa
ckin
g ta
pe.
Su
bstit
ute
teac
hers
,ed
ucat
iona
l as
sist
ants
, sc
hool
nur
ses,
and
ath
letic
co
ache
s sh
all
no
long
er
adm
inis
ter
stan
dard
ized
te
sts.
Proh
ibite
d Pr
actic
es
6.1
0.7
.12
NM
AC
The
follo
win
g pr
actic
es a
re p
rohi
bite
d:
Ch
angi
ng a
stu
dent
’s a
nsw
ers
or d
irect
ing
that
a s
tude
nt c
hang
e a
stan
dard
ized
test
ans
wer
;
Prov
idin
g st
uden
ts w
ith a
revi
ew o
f spe
cific
test
item
s, o
r tes
t ite
ms
with
min
or c
hang
es in
set
tings
or
num
bers
, ver
bal o
r writ
ten
rest
atem
ents
of t
est i
tem
s, s
peci
fic v
ocab
ular
y fr
om te
st d
irect
ions
or
item
s, o
r tes
t ans
wer
s;
D
iscu
ssin
g, p
hoto
copy
ing,
or r
epro
duci
ng a
ny p
ortio
n of
a te
st;
Af
ford
ing
any
stud
ent
addi
tiona
l tim
e to
com
plet
e a
timed
sub
test
, un
less
per
mitt
ed i
n th
est
uden
t’s s
peci
al a
ccom
mod
atio
ns;
R
eadi
ng s
tand
ardi
zed
test
ite
ms
alou
d to
stu
dent
s un
less
req
uire
d in
a s
tude
nt’s
spe
cial
acco
mm
odat
ions
;
Perm
ittin
g st
uden
ts to
hav
e on
or n
ear t
heir
desk
any
una
utho
rized
item
s, in
clud
ing
scra
p pa
per,
ta
blet
s, la
ptop
s, c
ell p
hone
s, c
amer
as, c
alcu
lato
rs, c
alcu
lato
r wat
ches
, and
rule
rs;
Pe
rmitt
ing
stud
ents
to
obse
rve
test
voc
abul
ary
wor
ds w
ith d
efin
ition
s, a
dditi
on o
r m
ultip
licat
ion
tabl
es, s
pelli
ng w
ords
, or s
imila
r as
sist
ance
mat
eria
l dur
ing
the
adm
inis
trat
ion
of th
e te
st;
Pe
rmitt
ing
stud
ents
to ta
lk, b
ecom
e di
srup
tive,
or
exch
ange
test
mat
eria
ls;
Pe
rmitt
ing
stud
ents
to b
egin
a s
ubte
st, l
eave
the
room
, and
retu
rn to
fini
sh th
e su
btes
t;
Perm
ittin
g st
uden
ts to
ent
er a
test
ing
room
aft
er th
e te
st h
as a
lread
y be
gun;
Pe
rmitt
ing
stan
dard
ized
test
ing
mat
eria
l to
rem
ain
unat
tend
ed in
an
unlo
cked
room
;
Taki
ng t
est
mat
eria
l off
cam
pus
unle
ss s
peci
fical
ly a
utho
rized
by
the
scho
ol d
istr
ict
or c
hart
ersc
hool
test
coo
rdin
ator
; and
D
ispl
ayin
g or
faili
ng to
con
ceal
vis
ual a
ids
that
may
ass
ist s
tude
nts
in th
e te
stin
g ro
om.
U
naut
horiz
ed it
ems
for s
tude
nts
to h
ave
on o
r ne
ar t
heir
desk
now
in
clud
e sm
art
wat
ches
,m
edia
pl
ayer
s,
head
phon
es,
and
back
pack
s.Th
e fo
llow
ing
prac
tices
are
now
pr
ohib
ited:
Adm
inis
terin
g a
stan
dard
ized
test
to
im
med
iate
fa
mily
mem
bers
or r
elat
ives
;
Teac
hing
fro
m,
poss
essi
ng,
ordi
ssem
inat
ing
a ph
otoc
opy
ofan
y po
rtio
n of
a te
st;
Co
pyin
g co
pyrig
hted
te
st
prep
arat
ion
mat
eria
ls
for
the
purp
ose
of d
istr
ibut
ion;
and
Coac
hing
or
ot
herw
ise
inap
prop
riate
ly
assi
stin
g w
ith
writ
ten
stud
ent a
nsw
ers.
ATTA
CHM
ENT
3
19
Reg
. Typ
e Cu
rren
t N
ew R
egul
atio
ns
Elim
inat
ed R
egul
atio
ns
Rep
ortin
g Te
stin
g Irr
egul
ariti
es
6.1
0.7
.14
NM
AC
To
ens
ure
the
inte
grity
of
stan
dard
ized
tes
ts,
the
prin
cipl
es o
f te
st s
ecur
ity s
hall
be s
tric
tlyfo
llow
ed.
Viol
atio
ns o
f th
ese
regu
latio
ns s
hall
cons
titut
e go
od a
nd j
ust
caus
e to
sus
pend
or
revo
ke a
per
son’
s PE
D li
cens
ure.
Scho
ol d
istr
icts
and
cha
rter
sch
ools
sha
ll re
port
by
tele
phon
e or
em
ail
susp
ecte
d te
stin
girr
egul
ariti
es to
PED
with
in th
ree
busi
ness
day
s of
bei
ng n
otifi
ed o
f a s
uspe
cted
irre
gula
rity.
The
scho
ol d
istr
ict
or c
hart
er s
choo
l te
st c
oord
inat
or s
hall
subm
it a
repo
rt t
hat
cont
ains
the
alle
gatio
ns, t
he fi
ndin
gs o
f a lo
cal i
nves
tigat
ion,
and
cor
rect
ive
actio
n ta
ken,
if a
ny.
Sc
hool
dis
tric
ts a
nd c
hart
er s
choo
ls s
hall
coop
erat
e w
ith P
ED if
furt
her
inve
stig
atio
n or
act
ion
isne
eded
.
Sc
hool
pe
rson
nel
and
volu
ntee
rs
shal
l re
port
su
spec
ted
test
ing
irreg
ular
ities
w
ithin
2
4
hour
s (p
revi
ousl
y,
irreg
ular
ities
ne
eded
to
be
re
port
ed “
prom
ptly
”).
In
divi
dual
s w
ho s
uspe
ct s
choo
ldi
stric
t or
cha
rter
sch
ool
test
coor
dina
tor
of h
avin
g en
gage
din
a
test
ing
irreg
ular
ity
shal
lno
tify
PED
with
in t
hree
day
s of
lear
ning
of t
he ir
regu
larit
y.
Corr
ectiv
e M
easu
res
for
Test
ing
Irreg
ular
ities
6.1
0.7
.15
NM
AC
PE
D r
eser
ves
the
right
to
inve
stig
ate
test
ing
irreg
ular
ities
and
con
fisca
te a
ny m
ater
ials
dee
med
nece
ssar
y to
con
clud
e th
e in
vest
igat
ion.
PE
D m
ay ta
ke a
com
bina
tion
of a
ny o
f the
follo
win
g co
rrec
tive
mea
sure
s:
D
irect
the
scho
ol d
istr
ict o
r cha
rter
sch
ool o
r a n
amed
indi
vidu
al to
cea
se a
nd d
esis
t eng
agin
g in
a
part
icul
ar ir
regu
larit
y or
furt
her
test
ing
durin
g th
e cu
rren
t sch
ool y
ear;
Rev
oke
acce
ss to
sta
ndar
dize
d te
st m
ater
ials
to e
nsur
e te
st s
ecur
ity;
R
ecom
men
d fu
rthe
r act
ion
PED
dee
ms
reas
onab
le a
nd n
eces
sary
to m
aint
ain
test
sec
urity
;
Inva
lidat
e th
e st
anda
rdiz
ed t
est
resu
lts a
nd in
form
the
sch
ool d
istr
ict
or c
hart
er s
choo
l tha
t th
eaf
fect
ed s
tude
nt w
ill n
ot re
ceiv
e sc
ores
on
port
ions
or a
ll of
a s
tand
ardi
zed
asse
ssm
ent;
R
efer
the
mat
ter
for
poss
ible
sus
pens
ion
or r
evoc
atio
n of
a p
erso
n’s
licen
sure
pur
suan
t to
proc
edur
es s
et fo
rth
in 6
.68
.3 N
MAC
;
Ref
er th
e m
atte
r to
othe
r de
part
men
t div
isio
ns fo
r app
ropr
iate
act
ion;
Ta
ke a
ny o
ther
act
ion
auth
oriz
ed b
y st
ate
or fe
dera
l law
or r
egul
atio
n; o
r
Mod
ify s
choo
l, sc
hool
dis
tric
t, an
d ch
arte
r sch
ool a
ccou
ntab
ility
det
erm
inat
ions
.
St
uden
ts w
hose
test
res
ults
are
inva
lidat
ed a
s th
e re
sult
of a
tes
ting
irreg
ular
ity w
illno
lon
ger
be a
ble
to h
ave
the
test
rea
dmin
iste
red
in a
sim
ilar f
orm
.
Adm
inis
trat
ive
actio
n is
no
long
er
the
sole
re
spon
sibi
lity
of
the
PED
ac
cred
itatio
n te
am.
ATTA
CHM
ENT
3
20