§ 170 Definitions.
For purposes of this subchapter only, the following terms shall have the meanings indicated:
(1) “Assessment administration” means the range of activities from the initial procurement of secure assessment materials including those delivered via the computer through testing and the return of secure assessment materials to the Department or its agents;
(2) “Assessment site” means the physical location of the assessment administration, including a computer lab, classroom, or other room;
(3) “Department” means the Delaware Department of Education;
(4) “Individual” means a student, teacher, administrator, local or state school board member, or other employee, agent or contractor employed by the Delaware public school system whether local or at the state level, and including an employee, agent or contractor of a charter school;
(5) “Log-in” means the process of accessing the assessment website;
(6) “School district” means any school district, special school or charter school created pursuant to the provisions of this title;
(7) “Secure browser” means the computer browser that prevents the student from accessing functions of the computer that are not allowed during assessment;
(8) “State Assessment System” means the assessment program established pursuant to subchapter III of this chapter, including the assessments administered pursuant thereto; and
(9) “Student identification number” means the unique identification number assigned to each student in the State under which his or her student records are maintained.
§ 171 Security and data procedures.
(a) The Department shall promulgate rules and regulations to ensure the security of the assessment administration, training of personnel and collection and reporting of assessment data.
(b) The Department’s rules and regulations shall provide for:
(1) The security of the printed materials during assessment administration and the storage under lock and key of all secure assessment materials, including answer documents, before and after assessment administration;
(2) Procedures to safeguard computer access information and use of the secure browser, including the printing of assessment content;
(3) The proper administration of assessments and the monitoring of assessment administrations by school district personnel; and
(4) Procedures for the accurate and timely collection, storage and retrieval of state assessment system materials and data.
§ 172 Assessment behavior violations.
It is an assessment security violation for an individual to fail to follow state assessment system administration procedures promulgated by the Department, and no individual shall:
(1) Give any examinee access to secure assessment items or materials except in the regular course of an authorized administration of the state assessment;
(2) Give unauthorized individuals or other persons access to secure assessment items or materials;
(3) Copy, reproduce, use, or otherwise disclose in any manner inconsistent with assessment security regulations and procedures any portion of the secure assessment materials;
(4) Provide answers during the assessment administration either orally, in writing, or by any other means to an examinee;
(5) Coach any examinee during assessment administration by giving the examinee answers to secure assessment questions or otherwise directing or guiding a response or by altering or interfering with the examinee’s response in any way;
(6) Fail to follow security regulations and procedures for the storage, distribution, collection and return of secure assessment materials or fail to account for all secure assessment materials before, during and after assessment administration;
(7) Fail to properly monitor assessment administration, including permitting inappropriate collaboration between or among individuals; fail to remove or cover nonallowable resources from the assessment site during the assessment administration; or fail to destroy scratch paper used by students during the assessment administration;
(8) Fail to prohibit students from accessing or using electronic equipment (e.g., cellular phones, personal digital assistant devices, iPods, electronic translators), other than those authorized for use by the Department for the assessment administration;
(9) Fail to confirm proper identification of students being administered the assessment or intentionally give a student the wrong student identification number during the log-in, causing any student to log in and take the assessment under another student’s records;
(10) Fail to collect and destroy any materials bearing student identification number(s) and student name(s) used to provide student(s) with this information during the assessment administration;
(11) Produce unauthorized copies of assessment content from the computer website; fail to properly destroy authorized copies; or allow copies to be taken outside the assessment site;
(12) Allow assessment administration by unauthorized personnel or personnel who have not received assessment administration certification;
(13) Administer secure assessments on dates other than those authorized by the Department;
(14) Participate in, direct, aid, counsel, assist, encourage or fail to report any of the acts prohibited in this subchapter; or
(15) Refuse to disclose to the Department information regarding assessment security violations; or
(16) Refuse to cooperate in the investigation of a suspected breach of assessment security, whether such investigation is conducted by a school district or the Department. The investigation shall include a review of mitigating circumstances, if applicable.
§ 173 Data reporting violations.
School districts and individuals shall not:
(1) Fail to report assessment scores, numbers of students administered the assessments any other data element required to be reported to the Department;
(2) Report incorrect or otherwise inaccurate assessment scores, numbers of students administered the assessments or any other data element required to be reported to the Department;
(3) Exclude a student from participation in the state assessment except in accordance with the regulations of the Department;
(4) Refuse to disclose to the Department information concerning a violation of the foregoing data reporting requirements; or
(5) Refuse to cooperate in the investigation of a suspected data reporting violation, whether such investigation is conducted by a school district or the Department. The investigation shall include a review of mitigating circumstances, if applicable.
§ 174 Civil sanctions for violations.
(a) A student who violates any of the provisions of § 172 of this title shall be subject to the following:
(1) At the discretion of the Department, the assessment score of such student may be invalidated and the student may be declared ineligible to retake the assessment until the next official testing opportunity; and
(2) Such disciplinary action as deemed appropriate by the student’s school district.
(b) An individual other than a student who knowingly violates any of the provisions of this subchapter shall be subject to the following:
(1) Such personnel sanctions as might otherwise be imposed by the individual’s employer for an act of misconduct;
(2) A hearing conducted by the Professional Standards Board to determine revocation of any license issued to such individual pursuant to the provisions of Chapter 12 of this title; and
(3) Payment of any costs incurred by the State or Department as a result of the violation.