WHEREAS, the State of Delaware has invested significant time and resources in the development of a standardized student testing program; and

WHEREAS, test security and the confidentiality of the testing program is vital to insure the validity and reliability of the test results; and

WHEREAS, a breach in test security and confidentiality could result in unusable assessments and cost the state significant resources;

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section. 1. Amend Chapter 1, Title 14 of the Delaware Code by adding thereto a new subchapter, designated as Subchapter IV, to read as follows:

"Subchapter IV.

§170. Definitions.

For purposes of this Subchapter only, the following terms shall have the meanings indicated:

(a) 'Department' means the Delaware Department of Education;

(b) '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;

(c) 'School district' means any school district, special school or charter school created pursuant to the provisions of this Title;

(d) 'Delaware Student Testing Program (DSTP)' means the testing program established pursuant to the provisions of Subchapter III of this Title, including the assessments administered pursuant thereto;

(e) 'Test administration' means the range of activities from the initial procurement of secure assessment materials through testing and the return of secure assessment materials to the Department or its agents.

§171. Security and data procedures.

(a) The Department shall promulgate rules and regulations to insure the security of DSTP test administration, training of personnel and the collection and reporting of testing data.

(b) The Department’s rules and regulations shall provide for:

(1) The security of the materials during testing and the storage under lock and key of all secure tests and test materials, including answer documents, before, during and after testing;

(2) The proper administration of tests and the monitoring of test administrations by school district personnel; and

(3) Procedures for the accurate and timely collection, storage, and retrieval of DSTP materials and data.

§172. Testing behavior violations.

It is a testing security violation for an individual to fail to follow DSTP test administration procedures promulgated by the department, and no individual shall:

(a) Give any examinee access to secure test items or materials except in the regular course of an authorized administration of the DSTP;

(b) Give unauthorized individuals or other persons access to secure test items or materials;

(c) Copy, reproduce, use or otherwise disclose in any manner inconsistent with test security regulations and procedures any portion of secure test materials;

(d) Provide answers orally, in writing, or by any other means to any examinee;

(e) Coach any examinee during testing by giving the examinee answers to secure test questions or otherwise directing or guiding a response or by altering or interfering with the examinee’s response in any way;

(f) Fail to follow security regulations and procedures for the storage, distribution, collection and return of secure test materials, or fail to account for all secure test materials before, during, and after testing;

(g) Fail to properly monitor test administration, including permitting inappropriate collaboration between or among individuals;

(h) Administer secure DSTP tests on dates other than those authorized by the Department;

(i) Participate in, direct, aid, counsel, assist, encourage, or fail to report any of the acts prohibited in this subchapter; or

(j) Refuse to disclose to the Department information regarding test security violations;

(k) Refuse to cooperate in the investigation of a suspected breach of test 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.

(a) School districts and individuals shall not:

(1) Fail to report test scores, numbers of students tested, or any other data element required to be reported to the Department;

(2) Report incorrect or otherwise inaccurate test scores, numbers or students tested, or any other data element required to be reported to the Department;

(3) Exclude a student from participation in the DSTP except in accordance with the regulations of the Department; or

(4) Refuse to disclose to the Department information concerning a violation of the foregoing data reporting requirements.

(b) 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 shall be subject to the following:

(1) At the discretion of the Department, the test score of such student may be invalidated and the student may be declared ineligible to retake the test until the next official testing opportunity; and

(2) Be subjected to such disciplinary action as deemed appropriate by the student’s school district.

(b) An Individual other than a student who 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) Be subjected to 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.

Section 2. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Author: Senator McBride