Section 4 AAC 06.765 - Test security; consequences of breach(a) All test questions on standards-based tests provided for in 4 AAC 06.737, the alternate assessment taken under 4 AAC 06.775, and the English language proficiency assessments provided for in 4 AAC 34.055 are confidential and may be disclosed only as provided in this section.(b) Test questions may be disclosed to (1) a student on the date and at the time specified by the commissioner, to the extent necessary to administer the test;(2) testing personnel in the course of fulfilling their duties;(3) a department official as required for the performance of that official's duties; and(4) a test administrator if necessary to fulfill duties under 4 AAC 06.775 regarding the delivery of accommodations.(c) School and district personnel responsible for test administration shall (1) inventory and track secure materials from the time the materials arrive at the school or district office until the time the materials are returned to the test publisher;;(2)securely store secure materials before distribution to school test centers and after their return;(3) control distribution of secure materials to and from school test centers;(4) control the storage, distribution, administration, and collection of secure materials and (5) ensure that no test or test question is copied in any manner, whether on paper or by electronic means.(d) School personnel at a school test center shall(1) label the tests according to test administration directions before testing;(2) inventory and track test materials from the time the materials arrive at the school until the time the materials are returned to the district;(3) securely store tests before and after each testing session;(4) control distribution of tests within the school test center;(5) ensure that no test or test question is copied, reproduced, or paraphrased in any manner by an examinee or anyone else;(6) ensure that examinees use only those reference materials allowed by the test publisher's testing procedures;(7) ensure that no individual receives a copy of the test, or learns of a specific test question or item, before the test date and time set by the commissioner, under a under (b) of this section; unless knowledge of the question or item is necessary for delivery of accommodations under 4 AAC 06.775;(8) ensure that examinees do not exchange information during a test, except when the test procedure so specifies;(9) ensure that an examinee's answer is not altered after testing is completed;(10) ensure that no examinee is assisted in responding to or review of specific test questions or items before, during, or after a test session.(e) A teacher holding a certificate issued under 4 AAC 12 who breaches security as described in this section is subject to investigation and adjudication by the Professional Teaching Practices Commission.(f) School and district personnel responsible for test administration shall (1) annually execute an agreement, on a form provided by the department, affirming that they will follow the test procedures required under this section;(2) provide training in test procedures to all district staff involved in testing as directed by the department, and ensure that staff complete the training;(3) ensure that all district staff involved in testing read and follow all testing procedures and manuals published by the test publisher, unless instructed otherwise by the department.(g) All school and district personnel shall maintain the security and confidentiality of electronic test data files, individual student reports, and other testing reports designated as secure.(h) District personnel in charge of testing shall immediately report any breach of test security to the department. If a student's IEP requires a modification that violates test security under this section, the modification will be provided only if it does not affect test security for any students other than the student who requires the modification. A modification that violates test security under this section results in an invalid assessment and the assessment will not be scored.Eff. 3/3/2000, Register 153; am 2/18/2007, Register 181; am 10/3/2011, Register 200; am 6/30/2013, Register 206; am 12/26/2014, Register 212, January 2015; am 6/1/2018, Register 226, July 2018; am 12/25/2020,Register 236, January 2021Authority:AS 14.07.020
AS 14.07.060