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005.28.9-5.00. Reporting of Testing Improprieties

AR ADC 005.28.9-5.00Arkansas Administrative CodeEffective: January 1, 2020

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 9. Rules Governing Test Security, Testing Violations, and Testing Improprieties
Effective: January 1, 2020
Ark. Admin. Code 005.28.9-5.00
Formerly cited as AR ADC 005.15.6-5.00
005.28.9-5.00. Reporting of Testing Improprieties
5.01 Public school district-level personnel with knowledge of a testing impropriety, irregularity, violation, or breach of security, must notify the Division as soon as practicable.
5.02 Public school personnel with knowledge of an alleged testing impropriety, irregularity, violation, or breach of security, must contact the school administration, the district test coordinator, or the superintendent, to report the alleged act. Personnel may also contact the Division Office of Student Assessment if the alleged act concerns district-level personnel.
5.03 The district test coordinator or other administrator with knowledge of the alleged testing impropriety, irregularity, violation, or breach of security:
5.03.1 Must document the incident;
5.03.2 May gather evidence or statements from those involved;
5.03.3 Must contact the Division Office of Student Assessment via telephone to report the incident or to attempt to immediately correct a testing impropriety, irregularity, violation, or breach of security, in a manner that would safeguard the validity and security of the ongoing test; and
5.03.4 May be required to file a written, signed report with the Division.
5.04 Any public school personnel or individual with knowledge of an alleged testing impropriety, irregularity, violation, or breach of security, may file a report with the Office of Student Assessment.
5.05 Public school district personnel may complete the District/School Testing Violation Report form available on the Division's website.
5.06 Any other organization or individual may complete the Individual Testing Violation Report form available on the Division's website.
5.07 All violation reports should be filed immediately, but no later than fourteen (14) days after the reporting party became aware of the alleged testing impropriety, irregularity, violation, or breach of security.
5.08 Violation reports must be submitted in writing to the Office of Student Assessment to the attention of the Assessment Director.
5.09 Written violation reports, if not submitted using the Division's Testing Violation Report form, must include:
5.09.1 A statement that conduct violating the security or confidential integrity of a test or assessment has occurred;
5.09.2 Specific facts upon which the statement is based, including without limitation:
5.09.2.1 When the alleged violation occurred;
5.09.2.2 Where the alleged violation occurred;
5.09.2.3 How the alleged violation occurred, including specific statements of fact describing the acts or omissions alleged to constitute a violation;
5.09.2.4 Names of individuals who allegedly committed the violation, if known;
5.09.2.5 Names of individuals who possess information concerning the alleged violation; and
5.09.2.6 The signature of the individual filing the complaint. The Office of Student Assessment shall not process anonymous reports.
5.10 While testing is ongoing, nothing in these rules prohibits public school district personnel from contacting the Office of Student Assessment via telephone in an effort to immediately correct a testing impropriety, irregularity, violation, or breach of security, in a manner that would safeguard the validity and security of the ongoing test. The Office of Student Assessment is authorized to assist public school districts in this manner.

Credits

Amended July 14, 2013; Jan. 1, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.9-5.00, AR ADC 005.28.9-5.00
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