Texas Education Code (TEC) Sec. 39.0301. SECURITY IN ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner:

2. It’s the law! Texas Education Code (TEC) Sec. 39.0301. SECURITY IN ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner: (1) shall establish procedures for the administration of assessment instruments adopted or developed under Section 39.023, including procedures designed to ensure the security of the assessment instruments; and …

3. It’s the law! • Texas Administrative Code (TAC) • 19 TAC Chapter 101. Assessment, Subchapter CC. Commissioner’s Rules Concerning Implementation of the Academic Content Areas Testing Program §101.3031. Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments. • Purpose. • Test administration procedures. • Training activities. • Records retention. • Applicability.

4. It’s the law! Texas Administrative Code 19 TAC §101.3031(b) Test administration procedures. These test administration procedures shall be delineated in the test administration materials provided to school districts and charter schools annually. Districts and charter schools must comply with all of the applicable requirements specified in the test administration materials. Test administration materials shall include, but are not limited to, the following: • general testing program information; • requirements for ensuring test security and confidentiality described in the 2013 Test Security Supplement provided in this subsection; Figure: 19 TAC §101.3031(b)(2) • procedures for test administration; • responsibilities of personnel involved in test administration; and • procedures for materials control.

5. It’s the law! Procedures for maintaining the security and confidentiality of assessments are specified in the Test Security Supplement, the District and Campus Coordinator Manual, and in the appropriate test administration materials.

6. It’s the law! Conduct that departs from the test administration procedures as established in the Test Security Supplement, the District and Campus Coordinator Manual, and test administrator manuals is considered a testing irregularity.

7. It’s the law! Violation of Security and Confidentiality of Assessments Conduct that constitutes a severe violation of test administration procedures (serious irregularities) may include, but is not limited to, the actions listed below. • changing or altering an examinee’s response or answer to a test item • providing, suggesting, or indicating to an examinee a response or answer to a secure test question (this includes suggesting that the examinee review or change his or her response) • aiding or assisting an examinee with a response or an answer to a test question

8. It’s the law! Violation of Security and Confidentiality of Assessments (continued) • duplicating secure test materials • disclosing the contents of any portion of a secure test • viewing a test before, during, or after an assessment unless specifically authorized to do so • encouraging or assisting an individual to engage in the conduct described above • failing to report to an appropriate authority that an individual engaged in any of the events listed above

9. It’s the law! Penalties for Violation of Security andConfidentiality of Assessments Violation of security or confidentiality of any test required by the Texas Education Code (TEC) Chapter 39, Subchapter B, is prohibited. A person who engages in conduct prohibited by the Test Security Supplement and in other test administration materialsmay be subject to a sanction of credentials. This includes any person who violates, assists in the violation of, or solicits another to participate in the violation of test security or confidentiality. Additionally, this includes any person who fails to report such a violation.

10. It’s the law! Penalties for Violation of Security andConfidentiality of Assessments Penalties for participation in a serious violation of test security or confidentiality may include the following reprimands: • placement of restrictions on the issuance, renewal, or holding of a Texas teacher certificate • issuance of an inscribed or non-inscribed reprimand • suspension of a Texas teacher certificate • revocation or cancellation of a Texas teacher certificate

11. It’s the law! Penalties for Violation of Security andConfidentiality of Assessments Release or disclosure of confidential test content is a Class C misdemeanor and could result in criminal prosecution under TEC §39.0303, Section 552.352 of the Texas Government Code, and section 37.10 of the Texas Penal Code. In addition, any irregularities in test security or confidentiality may result in the invalidation of student results.

12. It’s the law! Penalties for Violation of Security andConfidentiality of Assessments 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 TEC §39.033, must develop procedures to ensure the security and confidentiality of the tests specified in TEC, Chapter 39, Subchapter B.

13. 2014 SecuritySupplement 2014 Test SecuritySupplement

14. 2014 SecuritySupplement Contents Policy and Procedure Highlights • updates and key issues Making Your Program Secure • things to do before, during, and after an administration Testing Irregularities • understanding the difference between serious and procedural irregularities Incident Reporting • how to respond to testing irregularities • how to report testing irregularities

15. 2014 SecuritySupplement Policy and Procedure Highlights Training Requirements • All district or campus personnel who participate in state-mandated testing or handle secure test materials must meet eligibility requirements, receive annual training in test security and administration procedures, and sign an Oath of Test Security and Confidentiality. • Districts allowing certified or noncertified paraprofessionals to access secure materials or to administer tests must identify a certified staff member who will be responsible for supervising these individuals.

16. 2014 SecuritySupplement Policy and Procedure Highlights Materials Security • District and campus coordinators are responsible for counting and verifying that all materials as listed on the contractor’s packing list have been received. • District coordinators must notify the testing contractor immediately if a discrepancy exists between packing lists and the actual inventory received. Secure Storage Areas • Coordinators are required to place all secure materials in limited-access locked storage when not in use.

17. 2014 SecuritySupplement Policy and Procedure Highlights STAAR Test Session Time Limits • Beginning in 2014, STAAR and STAAR Modified English I and English II assessments will have a five-hour time limit. • All other assessments (STAAR, STAAR Spanish, STAAR L, and STAAR Modified) will have a four-hour time limit. • The time period begins after the test administrator reads directions and tells students to begin working on their tests.

18. 2014 SecuritySupplement Policy and Procedure Highlights STAAR Test Session Time Limits • Test administrators must use a clock or timer. • Test administrators must communicate (orally or in writing) the amount of time left to test in one-hour intervals. • Students must record all responses by the end of the test session time period. • Start and stop times must be recorded on the seating chart.

19. 2014 SecuritySupplement Policy and Procedure Highlights STAAR Test Session Time Limits • Multiple test sessions are allowed as long as the test session time limit is maintained. • Breaks are allowed during the administration of STAAR assessments. • Some breaks are included in the time limit and the time clock cannot be stopped (e.g., water breaks, snack breaks, bathroom breaks, short physical or mental breaks) • Some breaks are NOT included in the time limit and the time clock should be stopped and restarted when the student(s) resumes testing (e.g., lunch, emergencies, movement of students, medical breaks).

20. 2014 SecuritySupplement Policy and Procedure Highlights Test Administration Windows, Flexible Scheduling, andMake-up Testing • Districts are provided the latitude to adjust test dates when a conflict arises for STAAR grades 3–8 and end-of-course (EOC) assessments with the exception of STAAR and STAAR Modified grades 4 and 7 writing and the STAAR English I and II assessments. No notification to TEA is required. • Districts may offer make-up testing opportunities for all grades and subjects to students who are absent on regularly scheduled assessment days. Make-up testing must be completed by the end of the testing window as specified on the Calendar of Events.

21. 2014 SecuritySupplement Policy and Procedure Highlights Reference Materials, Scratch Paper, and Graph Paper • Students may use scratch paper. • Reference material and graph paper written on and removed from test booklets along with all scratch paper used by students must be destroyed immediately after the test session is completed.

22. 2014 SecuritySupplement Policy and Procedure Highlights Student Cheating • If a district determines that a student is involved in a cheating incident, either by providing or receiving assistance, the district is required to invalidate the student’s test. • The district should contact TEA immediately if a student electronically captures (e.g., cell phone picture) any portion of a test or an answer document. • Any disciplinary actions taken locally against a student for cheating must be reported to TEA using the Locally Determined Disciplinary Action (LDDA) online form.

23. 2014 SecuritySupplement Policy and Procedure Highlights Investigating and Reporting Testing Irregularities • Each person participating in the Texas student assessment program is responsible for reporting any suspected violation of test security or confidentiality. Campus staff should notify their campus or district testing coordinator, and district coordinators should, in turn, notify TEA. • Incidents that result in a deviation from documented testing procedures are defined as testing irregularities, falling into one of two categories – procedural or serious.

24. 2014 SecuritySupplement Policy and Procedure Highlights Investigating and Reporting Testing Irregularities • Procedural Irregularities • reflect minor errors or deviations in testing procedures • do not represent severe breaches in security or confidentiality • do not require a call to TEA unless guidance is needed by the district • do not require supporting documentation

25. 2014 SecuritySupplement Policy and Procedure Highlights Investigating and Reporting Testing Irregularities • Serious Irregularities • constitute severe violations of test security or confidentiality • can result in the individual(s) responsible being referred to the TEA Educator Certification and Standards Division for consideration of disciplinary action • must be investigated by the district coordinator immediately

26. 2014 SecuritySupplement Policy and Procedure Highlights Investigating and Reporting Testing Irregularities • Serious Irregularities • must be reported via phone or email to TEA as soon as the district coordinator is made aware of the situation • must be reported online using the Online Incident Report form along with required documentation to TEA within ten working days of the district becoming aware of the violation • require a Corrective Action Plan be submitted to report any local disciplinary action taken against educators involved in the incident (new form)

27. 2014 SecuritySupplement Policy and Procedure Highlights Investigating and Reporting Testing Irregularities • All incidents, both procedural and serious, should be investigated immediately by the district in order to gather all necessary evidence while the individuals involved are still available and able to recall details. • All incidents, both procedural and serious, are to be reported to TEA via the Online Incident Report form.

28. 2014 SecuritySupplement Policy and Procedure Highlights Investigating and Reporting Testing Irregularities • New in 2014, district officials must additionally complete the Plan of Action section in the Online Incident Report, specifying the steps that the district will take to prevent a reoccurrence of the irregularity. • Information provided in district reports, particularly the Plan of Action, will be used by TEA in an audit of selected districts to verify that corrective actions have been implemented. New!!

29. Reporting Testing Irregularities ReportingTestingIrregularities

30. Reporting Testing Irregularities 2012 2013

31. Reporting Testing Irregularities 2012–2013 Incident Reports Serious Reports - tampering - assistance - providing strategies during testing - scoring tests or working problems - unauthorized viewing or recording of test content - discussing secure test content

32. Reporting Testing Irregularities 2012–2013 Incident Reports (approximate numbers) Serious 147 Procedural 4836 Non-violations 229 Total 5212

33. Reporting Testing Irregularities http://www.tea.state.tx.us/student.assessment/security/ http://www.tea.state.tx.us/student. assessment/security/incidents//

34. Reporting Testing Irregularities Reporting Testing Irregularities The contents of an Online Incident Report for both serious and procedural testing irregularities must • clearly lay out the sequence of events of the incident; • explain what happened and how the event occurred; • include information about how the problem was resolved or remedied; • if appropriate, include the name of the individual contacted at TEA, • include the district’s determination in the matter, and • include a Plan of Action that the district will put into effect to prevent the reoccurrence of the incident.

35. Reporting Testing Irregularities • Online Incident Report - It must first be determined if the reported incident is procedural or serious. - The serious irregularity incident report form will have an area in which required documentation can be uploaded. - The procedural irregularity incident report form will not have an area for uploading documentation.

36. Reporting Testing Irregularities • Online Incident Report - include in the Description of the Incident: a) where and when the incident occurred b) who was involved c) what happened d) a district determination of how or why the incident occurred e) how the incident was resolved

37. Reporting Testing Irregularities • Online Incident Report Reports of procedural and serious incidents must both include a Plan of Action that describes the steps a district will take to prevent a reoccurrence of the incident.

38. Reporting Testing Irregularities Reminders about making a report • Contact the TEA Student Assessment Division security team immediately - if guidance is needed, - if students take pictures or transmit any test information using electronic devices, or - to notify the security team of the occurrence of a serious irregularity.

39. Reporting Testing Irregularities Reminders about making a report • Report the irregularity using the online Incident Report Form. Be sure to - identify the type of irregularity (procedural vs. serious), - be succinct in your description of the event, - include a Plan of Action, and - submit documentation for serious irregularities as required. • Check email for a confirmation of receipt of the incident report. This will be sent to the district test coordinator immediately following submission of the incident report.

40. Reporting Testing Irregularities We need your district determination of the event. Procedural Irregularity - Include a summary and a determination of events in the online incident report. Serious Irregularity - If the district has made a final determination of events before the incident is reported, include in the online incident report. - If the district has not made a final determination of events, submit all available information in the online incident report and follow up with the district determination as soon as possible.

41. Reporting Testing Irregularities Additional Action Required Notice - In order to process the reported incident, the TEA security team may need additional information. - If further action or information is required, the district coordinator will receive an Additional Action Required notice via email. - The district coordinator will be asked to submit the information requested orto contact the security team within ten working days. - If a response is not received, and depending on the circumstances, TEA will contact the district coordinator to provide support or will contact the superintendent to seek assistance.

42. Reporting Testing Irregularities Additional Action Required Notice Benefits of a quick response include   - the collection of more accurate information, - the potential to preserve students’ tests and provide appropriate scores, - faster responses for all individuals involved, and - the ability for the district coordinator to close business from one test administration before moving on to another.

43. Reporting Testing Irregularities TEA Response to the Report of an Irregularity - The TEA security team will review the online incident report. - If more information is needed, the TEA security team will send the district coordinator an Additional Action Required notice. - If no further action is required to complete a report of a procedural irregularity, the district coordinator will receive an email response letter from TEA closing the record. - If no further action is required to complete a report of a serious irregularity, TEA will respond to the district by either sending the district coordinator and the superintendent a response letter to close the record or will send the superintendent a letter stating that a referral for sanctions against the individual(s) involved has been sent to the Educator Standards and Certification Legal Division.

44. Resources

45. Test Security Webpage http://www.tea.state.tx.us/student.assessment/security/ - 2014 Test Security Supplement - Web-based Test Administrator Training Modules - Online Incident Report - Oaths of Test Security and Confidentiality PowerPoint Presentations from the 2012 Assessment Conference http://www.tea.state.tx.us/student.assessment/tac/ - Test Security Update - Testing Irregularities in 3D Web-based Texas Test Administrator Online Training Modules www.TexasAssessment.com/TAonlinetraining