Section 11518.50 - ELPAC Test Security Agreement and ELPAC Test Security Affidavit(a) Access to the test materials is limited to eligible pupils being administered the ELPAC and individuals directly responsible for administration of an ELPAC test who have electronically agreed to the ELPAC Test Security Agreement and ELPAC Test Security Affidavit, as applicable.(b) Annually, and before receiving any ELPAC test materials, all LEA ELPAC coordinators and site ELPAC coordinators shall electronically agree to the ELPAC Test Security Agreement set forth in subdivision (c).(c) The ELPAC Test Security Agreement shall be as follows: ELPAC TEST SECURITY AGREEMENT
I acknowledge through my electronic agreement on this form, that the English Language Proficiency Assessments for California (ELPAC) and Alternate ELPAC, initial and summative assessments pursuant to Education Code section 60810 are secure tests and agree to each of the following conditions, as applicable to the testing environment, to ensure test security:
(1) I will take all necessary precautions to safeguard the security of the test and test materials, including limiting access to only those individuals in the local educational agency (LEA) who have responsibilities for the administration of the ELPAC.(2) I shall have all persons who have access to the test(s) and test materials for the purpose of administration read and electronically agree to the ELPAC Test Security Affidavit.(3) Except during the administration of the tests, I will keep the test materials in a securely locked room which can be accessed only with a key or key card and, when possible, in a locked storage cabinet within that room.(4) As a site ELPAC coordinator, I will collect and return all test materials to the LEA ELPAC coordinator.(5) As an LEA ELPAC coordinator, I will securely destroy or return all test materials, in accordance with the directions of and time periods specified by the test contractor.(6) I will deliver test materials only to those persons who have executed ELPAC Test Security Affidavits.(7) I will follow all instructions contained in the TAM when administering the ELPAC test remotely. Through my electronic agreement on this document, I am assuring that I have completely read and will abide by the above conditions.
(d) Test examiners, proctors, scribes, LEA ELPAC coordinators, site ELPAC coordinators, ELPAC trainers, LS correspondence administrators, LS data entry staff, test navigation assistants, designated interface assistants, and any person having access to the assessment technology platform for the purpose of administering the test(s) shall electronically agree to the ELPAC Test Security Affidavit set forth in subdivision (e) before receiving any test materials.(e) The ELPAC Test Security Affidavit shall be as follows: ELPAC TEST SECURITY AFFIDAVIT
I acknowledge that I will have access to one or more of the English Language Proficiency Assessments for California (ELPAC) and Alternate ELPAC, initial and summative assessments, pursuant to Education Code section 60810, for the purpose of administering the test(s) to eligible pupils. I understand that these materials are highly secure and may be under copyright restrictions, and it is my responsibility to protect their security as follows, as applicable to the testing environment:
(1) I will not divulge the contents of the test materials to any other person through verbal, written, or any other means of communication. This includes, but is not limited to, sharing or posting test content via the Internet or by email without the express prior written permission of the California Department of Education (CDE) and test contractor.(2) I will not copy or take a photo of any part of the test materials. This includes, but is not limited to, photocopying (including enlarging) and recording without the express prior written permission from the CDE and test contractor.(3) I will keep all test materials secure prior to and following the distribution of the test(s).(4) I will permit eligible pupils access to test materials only during testing periods. I will permit only eligible pupils who are testing, and individuals participating in the test administration who have electronically agreed to an ELPAC Test Security Affidavit, to be in the room when and where the ELPAC assessments are being administered.(5) To the best of my ability, I will not allow any pupils to use any electronic devices that allow them to access outside information, communicate with any other pupils, or photograph or copy test content. This includes, but is not limited to, cell phones, personal digital assistants, tablets, laptops, cameras, and electronic translation devices.(6) When acting as a test examiner, I will: (a) collect and account for all test materials following each testing session;(b) not permit any pupils to remove any test materials by any means from the room(s) where testing takes place; and (c) count all test books and answer books before allowing any pupil to leave the testing room.(7) I will not review any test questions, passages, or other test items with any pupils or any other person at any time, including before, during, or following testing. I understand that this includes any discussion between local educational agency (LEA) staff for training or professional development, whether it be in a one-on-one or in a staff meeting setting.(8) I will not, for any test, develop scoring keys, review any pupil responses, or prepare answer books. I understand that this includes coaching pupils or providing any other type of assistance to any pupils that may affect their responses. This includes, but is not limited to, both verbal cues and nonverbal cues that may indicate correct or incorrect answers, or completing or changing any pupils' answers.(9) I will return all test materials to the designated site ELPAC coordinator in accordance with his or her instructions.(10) When acting as a test examiner or proctor, I will actively supervise all pupils throughout the testing session to ensure that they are working on the correct test section or part, marking their answers in the correct section of their answer books, following instructions, and are accessing only authorized materials (embedded and non-embedded universal tools, designated supports, or accommodations) for the test being administered.(11) I will administer the ELPAC in accordance with the directions for test administration and test administration manuals prepared by the test contractor, or any additional guidance provided by the test contractor. I understand that the unauthorized copying, sharing, or reusing of any test book (test books may be appropriately reused in accordance with the test contractor's terms and conditions), test question, or answer book by any means is prohibited. This includes, but is not limited to, photocopying, recording, emailing, messaging (instant, text, or multimedia messaging service, or digital application), using a camera/camera phone, and/or sharing or posting test content via the Internet without the express prior written permission from the CDE and test contractor.(12) I have been trained to carry out my responsibilities in the administration of the ELPAC.(13) I will follow all instructions contained in the TAM when administering the ELPAC test remotely. Through my electronic agreement on this document, I assure that I have completely read this affidavit and will abide by the above requirements and have received all training necessary for the administration of the ELPAC and the Alternate ELPAC.
(f) To maintain the security of the ELPAC, all LEA ELPAC coordinators and site ELPAC coordinators shall immediately, within 24 hours, notify the test contractor of any security breaches or testing irregularities occurring before, during, and/or after any ELPAC test administration(s).Cal. Code Regs. Tit. 5, § 11518.50
1. New section filed 6-5-2017; operative 10-1-2017 (Register 2017, No. 23).
2. Amendment of subsections (c)(5), (d), (e)(6), (e)(8), (e)(10) and (e)(11) filed 8-3-2018 as an emergency; operative 8-3-2018 (Register 2018, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-3-2018 order transmitted to OAL 11-16-2018 and filed 12-31-2018 (Register 2019, No. 1).
4. Amendment of section and NOTE filed 8-1-2019 as an emergency; operative 8-1-2019 (Register 2019, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2020 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of subsection (e)(12) (Register 2020, No. 3).
6. Amendment of section and NOTE refiled 1-17-2020 as an emergency; operative 1-29-2020 (Register 2020, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-28-2020 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-17-2020 order transmitted to OAL 12-12-2019 and filed 1-27-2020; Certificate of Compliance operative 1-30-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2020, No. 5).
8. Amendment of subsection (c), new subsection (c)(7), amendment of subsections (d), (e) and (e)(5), new subsection (e)(13) and amendment of NOTE filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44). Note: Authority cited: Section 33031, Education Code. Reference: Sections 306, 313 and 60810, Education Code; 20 U.S.C. Sections 1412, 6311, 6312, 6821 and 6823; and 34 C.F.R. Section 200.6.
1. New section filed 6-5-2017; operative 10/1/2017 (Register 2017, No. 23).
2. Amendment of subsections (c)(5), (d), (e)(6), (e)(8), (e)(10) and (e)(11) filed 8-3-2018 as an emergency; operative 8/3/2018 (Register 2018, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-3-2018 order transmitted to OAL 11-16-2018 and filed 12/31/2018 (Register 2019, No. 1).
4. Amendment of section and Note filed 8-1-2019 as an emergency; operative 8-1-2019 (Register 2019, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2020 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of subsection (e)(12) (Register 2020, No. 3).
6. Amendment of section and Note refiled 1-17-2020 as an emergency; operative 1/29/2020 (Register 2020, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-28-2020 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-17-2020 order transmitted to OAL 12-12-2019 and filed 1-27-2020; Certificate of Compliance operative 1-30-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2020, No. 5).
8. Amendment of subsection (c), new subsection (c)(7), amendment of subsections (d), (e) and (e)(5), new subsection (e)(13) and amendment of Note filed 10-31-2022; operative 1/1/2023 (Register 2022, No. 44).