Cal. Code Regs. tit. 5 § 859

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 859 - CAASPP Test Security Agreement and Test Security Affidavit
(a) All LEA CAASPP coordinators and CAASPP test site coordinators shall electronically agree to the CAASPP Test Security Agreement, set forth in subdivision (b), before receiving any CAASPP achievement tests administered pursuant to Education Code section 60640 and corresponding test materials.
(b) The CAASPP Test Security Agreement shall be as follows:

CAASPP TEST SECURITY AGREEMENT

I acknowledge by my electronic agreement on this form that the California Assessment of Student Performance and Progress (CAASPP) achievement tests pursuant to Education Code section 60640 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 all achievement tests and corresponding test materials, whether paper-based or computer-based assessments, by limiting access to only persons within the LEA who are responsible for, and have professional interest in, the tests' security.
(2) I will keep a record of the names of all persons who have been trained in the administration of CAASPP achievement tests and all persons with access to achievement tests and corresponding test materials, whether paper-based or computer-based assessments. I have and shall have all other persons having access to the achievement tests and corresponding test materials read and electronically agree to the CAASPP Test Security Affidavit.
(3) Except during the administration of the tests, I will keep the paper-pencil tests, and corresponding test materials in a securely locked room that can be entered only with a key or keycard and, when possible, in a locked storage cabinet within that room.
(4) I will securely destroy all print-on-demand papers, scratch paper, and other documents as prescribed within the contractor's(s') or consortium's administrative manuals and documentation.
(5) With the exception of subdivision (6) below, I will deliver achievement tests and corresponding test materials or allow electronic access thereto, only on actual testing dates and only to those persons who have executed CAASPP Test Security Affidavits.
(6) For an alternate assessment (CAA), I will keep all tests and testing materials in the manner set forth above in subdivisions (b)(3) and (5) except during actual testing administration or when being used by test examiners to prepare for and to administer the assessment. I will adhere to the contractor's directions for the distribution of the corresponding test materials to test examiners.
(7) I will follow all instructions contained in the TAM when administering a CAASPP test remotely.

By electronically agreeing to this document, I am assuring that I have completely read and will abide by the above conditions.

(c) All test administrators, test examiners, proctors, translators, scribes, LEA CAASPP coordinators, CAASPP test site coordinators, and any other persons having access to any of the CAASPP achievement tests and corresponding test materials, assessment technology platform, or tests administered pursuant to Education Code section 60640, shall acknowledge the limited purpose of their access to the achievement tests by electronically agreeing to the CAASPP Test Security Affidavit set forth in subdivision (d).
(d) The CAASPP Test Security Affidavit shall be as follows:

CAASPP TEST SECURITY AFFIDAVIT

I acknowledge that I will have access to one or more of the California Assessment of Student Performance and Progress (CAASPP) achievement tests pursuant to Education Code section 60640, for the purpose of administering the test(s). I understand that these materials are highly secure and may be under copyright restrictions and it is my professional responsibility to protect their security as follows, as applicable to the testing environment:

(1) I will not divulge the contents of the CAASPP achievement tests and corresponding 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 prior express written permission of the CDE.
(2) I will not copy or take a photo of any part of the achievement test(s) or corresponding test materials. This includes, but is not limited to, photocopying (including enlarging) and recording without the prior expressed written permission of the CDE.
(3) Except during the actual testing administrations or as otherwise provided for by law, I will keep the achievement test(s) and corresponding test materials secure until the test(s) are actually distributed to pupils when tests and testing materials are checked in and out by the CAASPP test site coordinator. Keeping materials secure means that test materials are required to be kept in a securely locked room that can be entered only with a key or keycard and, when possible, in a locked storage cabinet within that room.
(4) I will limit access to the achievement test(s) and corresponding test materials by test examinees to the actual testing periods when they are taking the test(s). I understand that only pupils who are testing and LEA staff participating in the test administration who have electronically agreed to a CAASPP Test Security Affidavit may be in the room when and where an achievement test is being administered.
(A) I will keep all assigned, generated, or created usernames, passwords, and logins secure and not divulge pupil personal information to anyone other than the pupil to whom the information pertains for the purpose of logging on to the test delivery system.
(B) I will not allow anyone other than the assigned pupils to log into their assigned test. I may assist pupils with using their information to log into their assigned test.
(C) I will not use a pupil's information to log in as a pupil, with the exception of the California Alternate Assessments, or allow a pupil to log in using another pupil's information.
(5) To the best of my ability, I will not allow pupils to access electronic devices that allow them to access outside information, communicate with other pupils, or photograph or copy test content. This includes, but is not limited to, cell phones, personal digital assistants (PDAs), tablets, laptops, cameras, and electronic translation devices.
(6) I will collect and account for all achievement test materials following each testing session and will not permit pupils to remove any test materials by any means from the room(s) where testing takes place. After each testing session, I will count all test booklets and answer documents before allowing any pupil to leave the testing room and/or ensure that all pupils have properly logged off the test delivery system.
(7) I will not review any achievement test questions, passages, performance tasks, or other test items independently or with pupils or any other person at any time, including before, during, or following testing. I understand that this includes any discussion between LEA staff for training or professional development whether one-on-one or in a staff meeting.
(8) I will not, for any achievement test, develop scoring keys, review any pupil responses, or prepare answer documents. I understand that this includes coaching pupils or providing any other type of assistance to pupils that may affect their responses. This includes, but is not limited to, both verbal cues (e.g., interpreting, explaining, or paraphrasing the test items or prompts) and nonverbal cues (e.g., voice inflection, pointing, or nodding head) to the correct answer (anything that may indicate correct or incorrect answers), or completing or changing pupils' answers.
(9) I will return all achievement tests and correspondent test materials to the designated CAASPP test site coordinator each day upon completion of testing. I understand that all test booklets, answer documents, and scratch paper shall be returned to the CAASPP test site coordinator each day immediately after testing has been completed for storage or confidential destruction.
(10) If I administer and/or observe the administration of an alternate assessment, (CAA) which means that I am a certificated or a licensed LEA employee and a trained examiner, I will keep all the alternate assessment materials in a securely locked room, and, when possible, in a locked storage cabinet within that room except when I am preparing for the administration, administering, or observing the administration of the assessment to pupils.
(11) I will actively supervise pupils throughout the paper-pencil 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 documents, following instructions, and are accessing only authorized materials (non-embedded universal tools, designated supports, accommodations, instructional supports for alternate assessments or unlisted resources) needed for the test being administered.
(12) I will actively supervise pupils throughout the testing session and verify that pupils have selected the appropriate assessment for the testing session and have completed any necessary preceding test sections and/or classroom activities.
(13) I will administer the achievement test(s) in accordance with the directions for test administration and test administration manuals prepared by the CAASPP testing contractor(s), or any additional guidance provided by the CAASPP test contractor(s). I understand that the unauthorized copying, sharing, or reusing of any test booklet, test question, performance task, or answer document 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 sharing or posting test content via the Internet without the express prior written permission of the CDE.
(14) I have been trained to administer the achievement tests. By electronically agreeing to this document, I am assuring that I have completely read this affidavit and will abide by the above conditions.
(15) I will follow all instructions contained in the TAM when administering a CAASPP test remotely.
(e) To maintain the security of the CAASPP assessment system, all LEA CAASPP coordinators and CAASPP test site coordinators shall immediately, within 24 hours, notify the CDE of any security breaches or testing irregularities occurring either before, during, or after the test administration(s).

Cal. Code Regs. Tit. 5, § 859

1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsections (c) and (d), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsections (b) and (c)-(e) filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
8. New subsections (b)(4) and (b)(5) and amendment of NOTE filed 2-3-2004; operative 2-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).
9. Amendment filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
10. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
11. Amendment of section and NOTE filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
12. Amendment of section heading, repealer and new section and amendment of NOTE filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency language will be repealed by operation of law on the following day.
13. Amendment of section heading, repealer and new section and amendment of NOTE refiled 7-23-2014 as an emergency; operative 7-23-2014 (Register 2014, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-21-2014 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 7-23-2014 order, including amendment of subsections (b)(6), (c) and (d)(4)(A), repealer of subsection (d)(4)(D), amendment of subsections (d)(6) and (d)(10)-(11), new subsection (d)(12) and subsection renumbering, transmitted to OAL 7-16-2014 and filed 8-27-2014; amendments effective 8-27-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 35).
15. Amendment filed 11-23-2015 as an emergency; operative 11-23-2015 (Register 2015, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-23-2016 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 11-23-2015 order transmitted to OAL 4-6-2016 and filed 5-18-2016 (Register 2016, No. 21).
17. Amendment of subsections (b)(6) and (d)(10) filed 1-25-2018; operative 1-25-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 4).
18. Amendment of subsections (b)(2), (b)(6), (c), (d)(4) and (d)(14) filed 1-31-2019 as an emergency; operative 1-31-2019 (Register 2019, No. 5). A Certificate of Compliance must be transmitted to OAL by 7-30-2019 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 1-31-2019 order, including amendment of subsections (a) and (b), transmitted to OAL 5-30-2019 and filed 7-11-2019; amendments operative 7-11-2019 (Register 2019, No. 28).
20. Amendment of subsection (b), new subsection (b)(7), amendment of subsections (d) and (d)(4)(C)-(d)(5) and new subsection (d)(15) filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44).

Note: Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60602.5, 60605 and 60640, Education Code.

1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsections (c) and (d), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsections (b) and (c)-(e) filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
8. New subsections (b)(4) and (b)(5) and amendment of Note filed 2-3-2004; operative 2-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).
9. Amendment filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
10. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
11. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
12. Amendment of section heading, repealer and new section and amendment of Note filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency language will be repealed by operation of law on the following day.
13. Amendment of section heading, repealer and new section and amendment of Note refiled 7-23-2014 as an emergency; operative 7-23-2014 (Register 2014, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-21-2014 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 7-23-2014 order, including amendment of subsections (b)(6), (c) and (d)(4)(A), repealer of subsection (d)(4)(D), amendment of subsections (d)(6) and (d)(10)-(11), new subsection (d)(12) and subsection renumbering, transmitted to OAL 7-16-2014 and filed 8-27-2014; amendments effective 8/27/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 35).
15. Amendment filed 11-23-2015 as an emergency; operative 11/23/2015 (Register 2015, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-23-2016 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 11-23-2015 order transmitted to OAL 4-6-2016 and filed 5-18-2016 (Register 2016, No. 21).
17. Amendment of subsections (b)(6) and (d)(10) filed 1-25-2018; operative 1/25/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 4).
18. Amendment of subsections (b)(2), (b)(6), (c), (d)(4) and (d)(14) filed 1-31-2019 as an emergency; operative 1/31/2019 (Register 2019, No. 5). A Certificate of Compliance must be transmitted to OAL by 7-30-2019 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 1-31-2019 order, including amendment of subsections (a) and (b), transmitted to OAL 5-30-2019 and filed 7-11-2019; amendments operative 7/11/2019 (Register 2019, No. 28).
20. Amendment of subsection (b), new subsection (b)(7), amendment of subsections (d) and (d)(4)(C)-(d)(5) and new subsection (d)(15) filed 10-31-2022; operative 1/1/2023 (Register 2022, No. 44).