Miss. Code. tit. 7, pt. 109, ch. 4

Current through January 14, 2025

Chapter 4 - Testing Irregularities and Consequences

What constitutes an irregularity and what to do about it.

All tests that are part of the Mississippi Statewide Assessment Program require a standardized process of administration. In order for test results to be valid from a standardized test administration, all procedures found in the specific test administration manual must be followed. It is important that the test site personnel follow and present the directions in the test administrator's manual as written. Thus, test site personnel must study the designated manual prior to the test administration to ensure that uniform test administration procedures are followed throughout Mississippi. It is also important that all test site personnel receive training on the District and School Test Security plans and requirements of Appendix F of the Mississippi Public Schools Accountability Standards. This chapter will give definition to what constitutes a testing irregularity and the process a district should follow if one occurs.

Definitions

1. A possible testing irregularity is any incident in the test handling or administration that leads to a question regarding the security of the test or the accuracy of the test data.

2. A verified testing irregularity is a violation of a testing requirement.

3. Test Fraud, as applied in this handbook, includes any attempt by an individual or individuals in collusion to subvert the testing process through actions including but not limited to:

a. Unauthorized access to secure exam materials;

b. Use of stolen exam materials through memorization or any other means;

c. Engaging others to take an exam on another test-taker's behalf;

d. Giving or receiving unauthorized assistance during the administration of an exam;

e. Possession and/or use of unauthorized materials during the administration of an exam including: notes, recording and electronic communication devices;

f. Altering answer documents;

g. Altering exam scores; and

h. Disclosing and/or distributing protected exam material.

4. Test Theft, as applied in this Handbook, includes any attempt by an individual or individuals in collusion to misappropriate protected exam materials before, during, or after exam administration, through actions including but not limited to:

a. Possession and/or use of recording or communication devices during the administration of an exam;

b. Reproduction of exam materials by any means, including reconstruction through memorization;

c. Storage and use of exam materials to be used as test prep for test-takers;

d. Providing answers or assisting with test answers to test-takers before, during, or after the testing event.

5. Coaching students is defined as providing answers by staff or other students to students in any manner during the test, including cues, clues, hints, and/or actual answers in any form-written, printed, verbal or non-verbal (including but not limited to chalkboards, charts, bulletin boards, posters, computers, hand signals) or allowing students to alter responses after the scheduled test administration. Coaching students, altering responses, or interfering with responses in any way during or after the scheduled test administration is prohibited.

Testing Irregularities

Examples of testing irregularities include, but are not limited to, the following:

1. Failing to follow the procedures as described in the Test Administrator's Manual;

2. Handling and administering the test without properly training test administrators and proctors;

3. Failing to follow the test schedule procedures or makeup test schedule designated by the Office of Student Assessment;

4. Failing to assess all eligible students;

5. Leaving students unsupervised with access to secure test materials;

6. Allowing students to review secure test materials prior to the test administration;

7. Giving students instruction related to the concepts measured by the tests on the morning prior to or during the test administration session;

8. Failing to cover or remove classroom displays that provide information regarding the content being measured by the test or test-taking strategies;

9. Paraphrasing, omitting, revising, or rewriting the script or the directions contained in the appropriate test administrator's manual;

10. Cheating;

11. Illness during testing;

12. Reading or tampering with (e.g., alters, changes, modifies, erases, or scores) student responses to the test questions by school district personnel;

13. Failing to return the originally distributed number of test materials (e.g., test books and answer sheets) to designated school personnel;

14. Testing students with disabilities and/or students identified as limited English proficient who have the appropriate documentation in accordance with state policies when they should not participate in the standard test administration;

15. Failing to follow appropriate procedures for providing testing accommodations;

16. Failing to provide accommodations to all eligible students;

17. Providing accommodations to students who are not eligible to receive them;

18. Allowing school or district personnel access to the tests who do not have a legitimate need; and

19. Failing to provide parents with a copy of the score report within the guidelines. (See Chapter 1)

Guidance from Appendix F on Testing Irregularities

1. Anyone with knowledge of or information regarding a possible testing irregularity or alleged security violations reports the alleged irregularity/violation to an appropriate authority. {MS Code 37-16-4(1)(f)} (Appendix F, Section IV, 14)

2. Test administrators and proctors keep written records of any testing irregularities occurring during testing and report these to the school test coordinator who then reports to the District Test Coordinator. The District Test Coordinator reports all irregularities for a test administration to the district superintendent for investigation. Documentation regarding testing irregularities is maintained on file in the district. (Appendix F, Section IV, 15)

3. The superintendent of the district investigates all reports of alleged violations of test security and/or potential testing irregularities and submits a report of findings to the Office of Student Assessment within fifteen working days after the alleged violation and/or potential irregularity has been reported to him or her. (Appendix F, Section IV, 16)

4. No statistically significant similar or identical patterns of responses and/or erasures are noted in students' answer documents. (Appendix F, Section IV, 17)

5. No statistically significant group or individual scores that are inconsistent with established patterns of achievement are noted. (Appendix F, Section IV, 18)

Investigating and Reporting

In accordance with MDE security policies and practices, any variation from established procedures in the administration of the Mississippi Statewide Assessment Program should be reported as soon as reasonably possible to MDE via the online incident reporting system or by direct contact by local school personnel, typically a District Test Coordinator or School Test Coordinator or by the delivery vendor. This includes the following:

1. Copies of Irregularity Reports submitted by the Test Administrator addressing situations that could threaten the security of exam data.

2. Any suspicious activity, including, but not limited to test-taker misconduct such as student disruptions, observations of answer-copying, discussing exam questions with others, and use of unauthorized materials, missing and lost or stolen exam materials.

3. Testing location disruptions, including but not limited to lapses in monitoring/proctoring, outside distracting noises, other distracting activities or noises from others within the testing environment.

Testing Irregularity Response Plan

This Testing Irregularity Response Plan (SIRP) is an effort to maximize district test security and to minimize risks. The SIRP is meant to provide a proactive approach to preventing cheating and promoting fair and valid testing.

1Investigation. This section describes how allegations and other information of test theft and fraud allegations should be investigated.

a All reasonably detailed reports and information received from monitoring efforts containing actionable information of alleged cheating and/or test theft (hereafter "possible Misconduct") by a test-taker, Test Administrator, teacher, school administrator, or exam support staff should be reviewed by the superintendent as follows:

iConfirmation of Time Sensitive Information: Within the time lines specified in existing policies, issue reports containing information regarding possible misconduct should:

(1) Confirm the identity of alleged perpetrator(s); and

(2) Gather and confirm witness statements, including the names and contact information of other potential witnesses.

iiCollection of Related Information: Within the schedule determined by MDE policy, school districts should collect the following information:

(1) Any available evidence which tends to refute or corroborate the original evidence or allegation(s);

(2) Available background information regarding the alleged perpetrator(s) criminal and educational history;

(3) Contact and ownership information regarding offending websites and other materials, as applicable.

2 Submit the report with related information to the Office of Student Assessment.

Additional Guidance from Appendix F on Investigation

Identifying and investigating possible testing irregularities involves a variety of data sources. These include formal testing audits, self-reports of testing irregularities, allegations/complaints related to possible testing irregularities, and results of analyses and reports designed to identify possible irregularities, including the percent of students tested, changes in enrollment, score exceptionalities, erasure report results, and missing documents reports.

The procedure for handling testing irregularities is repeated for each test administration. The Office of Student Assessment will notify the school district in writing when a possible testing irregularity has been identified. Within fifteen working days following a reported potential irregularity/violation and/or receipt of the written notification from the Office of Student Assessment, the district will submit a written report to the Office of Student Assessment. The Office of Student Assessment reserves the right to conduct an independent investigation.

The Office of Student Assessment will evaluate the district report to determine whether the possible testing irregularity has been resolved or the testing irregularity has been verified. If the possible testing irregularity has been resolved, the Office of Student Assessment will notify the district that no further action is required. If a testing irregularity has been verified, the Office of Student Assessment will notify the district superintendent.

In the case of any verified testing irregularity that jeopardized or may have jeopardized the security and integrity of the test(s) or the accuracy of the test results, the Office of Student Assessment will report the irregularity to the Office of Accreditation for appropriate action and follow-up. (See CONSEQUENCES on page 30) In the case of improper student behavior supported by a data forensics company and not disproved in the district report, the Office of Student Assessment will respond to the district superintendent with a request on behalf of the State Superintendent of Education that the district superintendent ask for the invalidation of the suspect test scores and prepare for the students with the suspect test scores to participate in the next test administration. If the district refuses to invalidate the suspect scores, the State Superintendent will have the authority to invalidate the scores.

In case of an allegation of an irregularity that prompts a need for an investigation by the Mississippi Department of Education and the investigation provides substantial evidence that an irregularity has occurred; the State Superintendent will have the authority to invalidate suspect scores. The district superintendent will be notified of the invalidated suspect scores and of the need to prepare students with the suspect scores to participate in the next test administration. (Appendix F, Section V, A)

Additional Guidance from Appendix F on Personal Misconduct Investigation

If an irregularity that represents misconduct or other breaches of test security on the part of district personnel within a school district is identified, the superintendent of the district will be notified of the irregularity. It is the responsibility of the district to conduct an investigation into the allegation and report findings to the Office of Student Assessment. If the Office of Student Assessment concludes that the irregularity was resolved, the district is notified that no further action is necessary.

If the Office of Student Assessment concludes that the irregularity was verified, the district superintendent is notified that the Office of Accreditation is being apprised of the finding.

In case of an allegation of an irregularity or in the case of statistical analyses that prompt a need for an investigation by the Mississippi Department of Education and the investigation provides substantial evidence that an irregularity has occurred, the State Superintendent will have the authority to invalidate suspect test scores. The district superintendent will be notified of the invalidated suspect scores and of the need to prepare students with the suspect scores to participate in the next test administration. The district superintendent will be notified that the Office of Accreditation is being apprised of the findings.

The district attorney may investigate allegations of violations of test security on his own initiative following receipt of allegations, at the request of a school district, or at the request of the Mississippi Department of Education.

After a conviction, the personnel in question will be notified in writing that the evidence of conviction will be presented to the Commission on Educator Licensure and that the Commission is required to take action pursuant to the authority granted in Section 37-16-4, Mississippi Code of 1972, as amended. In the case of improper student behavior supported by the data forensics company and not disproved in the district report, the district superintendent will be asked to request the invalidation of the suspect test scores and prepare for the students with the suspect test scores to participate in the next test administration. (Appendix F, Section V, B)

Consequences

Consequences of violating testing procedures vary based on the severity of the offense and affect three different areas:

1. The institution (district, school)

2. The educator

3. The student

Letter of Warning (Affects Institution)

If a violation has been verified that did not result in a substantial probability that the security, accuracy, or validity of the test results has been jeopardized, then the Office of Student Assessment may issue a letter of warning to the school district superintendent to be placed in the district and/or school file. Multiple and/or repeated minor violations that indicate the district and/or school has not corrected issues addressed in previous letters of warning or that the district and/or school has continued to be in noncompliance with the numbered issues listed in Requirements (Section IV) may result in a recommendation for a citation to be placed on the accreditation record. (See B below.) In the case of improper student behavior supported by the data forensics company and not disproved in the district reports, the district will be asked to request the invalidation of the suspect scores. If the improper student behavior is determined to be isolated to an individual student's or to individual students' behavior and not supported or condoned by the district, the district will not receive a letter of warning. The district will be asked in an official letter by the Office of Student Assessment to put measures in place to address and prevent the possibility of such improper behavior being repeated. However, multiple administrations resulting in suspect scores may result in further investigation by the Office of Student Assessment that may lead to further consequences. (Appendix F, Section VI, A)

Citation Placed on the Accreditation Record with No Immediate Action to Downgrade the Accreditation Status (Affects Institution)

1. Multiple Letters of Warning - Multiple and/or repeated violations as outlined in A above may result in a recommendation for a citation to be placed on the district's Accreditation Record Summary. The Office of Accreditation will note the citation of noncompliance on the district's accreditation record and notify the superintendent of this action. No immediate action to downgrade the district accreditation status will be recommended. This citation will remain on record until the district has successfully completed the next scheduled administration of the same test for which the irregularity was originally verified. The Office of Student Assessment may recommend to the Commission on School Accreditation that the school's annual performance classification include the label School in Violation of Test Security. (Appendix F, Section VI, B1)

2. Substantial Probability That the Security, Accuracy, or Validity of the Test Results Has Been Jeopardized - If a verified violation has resulted in a substantial probability that the security, accuracy, or validity of the test results has been jeopardized, the Office of Student Assessment will issue written notification to the district superintendent. The Office of Student Assessment will note the violation on the School and/or District Assessment Record and notify the Office of Accreditation. The Office of Accreditation will note the citation of noncompliance on the district's accreditation record and notify the superintendent of this action. No immediate action to downgrade the district accreditation status will be recommended. This citation will remain on record until the district has successfully completed the next scheduled administration of the same test for which the irregularity was originally verified. For example, if the citation is issued for the December paper/pencil Subject Area Administration of the U. S. History Test, the next scheduled administration for the same test will be the December paper/pencil Subject Area administration the following year.

The Office of Student Assessment may submit a recommendation to the Commission on School Accreditation that the school's annual performance classification include the label School in Violation of Test Security. (Appendix F, Section VI, B2)

Citation Placed on the Accreditation Record that May Result in Immediate Action to Downgrade the Accreditation Status (Affects Institution)

If it is determined that a violation of a testing requirement jeopardizes the security and integrity of the test(s) or the accuracy of test results, the Office of Student Assessment will issue written notification of the violation to the superintendent of the school district and to the Office of Accreditation.

The Office of Accreditation will note the citation of noncompliance on the district's Accreditation Record Summary and notify the superintendent of this action. The citation of noncompliance will be presented to the Commission on School Accreditation for appropriate action. This citation will remain on record until the district has successfully completed the next scheduled administration of the same test for which the irregularity was originally verified. For example, if the citation is issued for the December paper/pencil Subject Area Administration of the U. S. History Test, the next scheduled administration for the same test will be the December paper/pencil Subject Area administration the following year. The Office of Student Assessment may recommend to the Commission on School Accreditation that the school's annual performance classification include the label School in Violation of Test Security. (Appendix F, Section VI, C)

Invalidation of Scores (Affects Institution and student)

1. Student Retest and Score Invalidation Procedure - In the case of findings that reveal misconduct at the district or school level, the State Superintendent of Education may order the local school district to have students retake the examination(s) at the district's expense for all areas in question. Should the local district choose not to have students re-examined to establish validity, the State Superintendent of Education will have the authority to have affected scores invalidated. At such time, the local district will be notified.

A school will not receive a school performance classification if the test data have been invalidated, and the school performance classification will be noted as Test Data Invalidated. (See Accreditation Policy 3.3.) In the case that the Office of Student Assessment has requested the district superintendent ask for the invalidation of a student's (or students') suspect scores based upon the analyses by the data forensics company and the refusal to do so by the district superintendent, the State Superintendent will have the authority to have suspect score(s) invalidated. At such time, the local district will be notified. (Appendix F, Section VI, D1)

2. Individual Irregularity Procedure - If there is evidence of a nature that confirms one or more individual testing irregularities on the Subject Area Tests or other tests that have high stakes consequences for individual student(s) resulting in the student or students not being able to graduate in the current school year, the individual(s) in question shall be notified in writing of the irregularity by the district superintendent and given an opportunity to provide an explanation and evidence that the questioned score(s) is/are consistent with other test scores or other academic performance. If retesting of individuals on the test is required and the retesting yields scores that would deny students a diploma or affect promotion/retention decisions after all retesting opportunities have been exhausted, affected individuals will be given an opportunity to appeal to the State Board of Education the decision to invalidate their original scores on the test. No hearing will be granted to any student who has not completed all other requirements for graduation or promotion and exhausted all retake opportunities. (Appendix F, Section VI, D2)

Report to Division of Educator Misconduct (Affects educator)

Violations of testing procedures by an educator can result in a mandated report being made to the Division of Educator Misconduct. These violations of the Mississippi Educator Code of Ethics Standard 9 (Maintenance of Confidentiality) affect the validity of mandatory uniform test results as provided in Section 37-16-4(1). The result can be a loss of licensure.

Miss. Code. tit. 7, pt. 109, ch. 4