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2000 SESSION

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HB 867 Action for test security violations.

Introduced by: Robert Tata | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Legal action for test security violations. Permits the Office of the Attorney General, on behalf of the Board of Education, to bring a cause of action for injunctive relief or civil penalty, or both, against any person who knowingly and willfully commits specified acts regarding secure mandatory tests administered to students required by the Code of Virginia or by the Board of Education, such as the Standards of Learning assessments. Among the enumerated prohibited acts are permitting unauthorized access to secure test questions; copying all or any portion of any secure test booklet; making available test answer keys; and making false certifications on the test security form established by the Department of Education. The measure defines a "secure test" as an item, question, or test that has not been made publicly available by the Department of Education. The measure is not to be construed as restricting the actions of the Board, the Department, or the Superintendent of Public Instruction in test development or selection, test form construction, standard setting, test scoring and reporting, and other related activities. The civil penalties collected by such actions are not to exceed $1,000 for each violation and are to be deposited in the Literary Fund. In addition, the bill authorizes the Board of Education to suspend or revoke the teaching or administrative license of persons who knowingly and willfully commit specific acts regarding secure mandatory tests. No person whose license has been suspended or revoked will be subject to a civil penalty for the same infraction. This bill is identical to SB 548.

SUMMARY AS PASSED HOUSE:

Revocation of teaching license; violations of test security. Authorizes the Board of Education to suspend or revoke the teaching or administrative license of any person who commits specified acts, knowingly and willfully, with the intent to compromise the security of mandatory tests administered to students required by the Code of Virginia or by the Board of Education, such as the Standards of Learning assessments. Among the enumerated prohibited acts are giving unauthorized access to secure test questions; copying all or any portion of any secure test booklet; making available test answer keys, and failing to follow test security procedures established by the Department of Education. While still protecting test integrity and security, educational personnel may provide input to administrators and other persons, regarding the accuracy, clarity, or propriety of test items.

The measure defines a "secure test" as an item, question, or test that has not been made publicly available by the Department of Education. The measure is not to be construed as restricting the actions of the Board, the Department, or the Superintendent of Public Instruction in test development or selection, test form construction, standard setting, test scoring and reporting, and other related activities.

Current Board of Education regulations provide for the suspension, revocation, denial, and cancellation of teacher and administrator licenses. Grounds for suspension (8 VAC 20-21-680) include physical, mental, or emotional incapacity; incompetence or neglect of duty; and "other good and just cause of a similar nature." Among the grounds for revocation (8 VAC 20-21-660) are felony convictions, falsification of school records or reports, and conduct "detrimental to the health, welfare, discipline, or morale of students or to the best interest of the public schools…." The regulations also include various investigation and hearing procedures.

SUMMARY AS INTRODUCED:

Revocation of teaching license; violations of test security. Authorizes the Board of Education to suspend or revoke the teaching or administrative license of any person who knowingly and willfully commits specified acts regarding secure mandatory tests administered to students required by the Code of Virginia or by the Board of Education, such as the Standards of Learning assessments. Among the enumerated prohibited acts are giving unauthorized access to secure test questions; copying all or any portion of any secure test booklet; making available test answer keys, and failing to follow test security procedures established by the Department of Education.

The measure defines a "secure test" as an item, question, or test that has not been made publicly available by the Department of Education. The measure is not to be construed as restricting the actions of the Board, the Department, or the Superintendent of Public Instruction in test development or selection, test form construction, standard setting, test scoring and reporting, and other related activities.

Current Board of Education regulations provide for the suspension, revocation, denial, and cancellation of teacher and administrator licenses. Grounds for suspension (8 VAC 20-21-680) include physical, mental, or emotional incapacity; incompetence or neglect of duty; and "other good and just cause of a similar nature." Among the grounds for revocation (8 VAC 20-21-660) are felony convictions, falsification of school records or reports, and conduct "detrimental to the health, welfare, discipline, or morale of students or to the best interest of the public schools…." The regulations also include various investigation and hearing procedures.