Nev. Admin. Code § 389.054

Current through December 12, 2024

Section 389.054 - [See note] Confidentiality and security of testing materials

1. The questions contained in any end-of-course final and the approved answers used for grading the end-of-course final are confidential, and disclosure is unlawful except:

(a) To the extent necessary to prepare for, administer and evaluate the end-of-course final.

(b) To the extent necessary for the performance of the duties of a person described in this paragraph, disclosure may be made to a:

(1) State officer who is a member of the Executive or Legislative Branch of State Government; or

(2) Superintendent of schools, director of curriculum or director of testing of a school district.

(c) Specific questions and answers may be disclosed if the Superintendent of Public Instruction determines that the questions and answers are not being used in a current end-of-course final and that making the questions and answers available to the public poses no threat to the security of the examination process. (d) As required pursuant to NRS 239.0115.

2. The board of trustees of each school district and the governing body of each charter school shall ensure that the employees of the school district or charter school, respectively, who have access to the materials necessary to administer the examinations required by NRS 390.105 and 390.700 are familiar with:

(a) The provisions of this section and NRS 390.250 to 390.305, inclusive; and

(b) Any instructions that are issued by the Department relating to the confidentiality of those materials.

3. Except as otherwise provided in this section, a person shall not make or distribute copies of the questions contained in the examinations required by NRS 390.105 and 390.700 or the approved answers used for grading them unless that person has received written authorization to do so from the publisher of the examination and the Department.

4. Before the examinations required by NRS 390.105 and 390.700 are distributed to the schools in which the examinations will be administered, the board of trustees or the governing body shall ensure that the materials used to administer the examinations and the approved answers used for grading them are stored in such a manner that only those persons to whom the materials and answers may be disclosed pursuant to this section have access to them.

5. The secure examination materials that are used to administer the examinations required by NRS 390.105 and 390.700 must not be distributed to the schools in which the examinations will be administered until such time as is necessary to allow the schools adequate time to prepare to administer the examinations.

6. The principal of each school to which an examination is delivered :

(a) Shall ensure that the questions contained in the examination are stored in a secure location and are not distributed to pupils until the examination is administered;

(b) Shall ensure that the materials used to administer the examination are stored in a secure manner before the end of the day on which the examination is administered ; and

(c) May allow the teacher of a course approved by the State Board pursuant to section 4 as being aligned to the subject matter of the end-of-course final to inspect the questions contained in the examination in a secure location.

7. On or before September 15 of each year, the principal of each public school and charter school, respectively, shall submit to the Department a statement that the principal will ensure that the school complies with the provisions of this section, the provisions of NRS 390.250 to 390.305, inclusive, and any instructions issued by the Department relating to the confidentiality of testing materials. The statement required pursuant to this subsection must be on a form prescribed by the Department.

8. The examinations required by NRS 390.105 and 390.700 must be administered:

(a) In a facility that is approved by the board of trustees of the school district or the governing body of the charter school; and

(b) By employees of the school district or charter school who are designated to administer the examinations by the board of trustees of the school district or the governing body of the charter school, respectively.

Nev. Admin. Code § 389.054

Added to NAC by Bd. of Education by R115-97, eff. 12-10-97; A by R065-99, 11-3-99; R072-01, 11-7-2001; A by R061-14, eff. 12/22/2014; A by R061-14, effective on the date on which the high school proficiency examination is no longer administered pursuant to sections 44 and 44.3 of Assembly Bill No. 288, chapter 506, Statutes of Nevada 2013, at page 3296; A by R097-17A, eff. 1/30/2019

NRS 385.080, 388.874, 390.105 and 390.700