2015 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary And Secondary Education Generally
Chapter 15 - Educational Standards and Quality Generally
Subchapter 4 - Arkansas Comprehensive Testing, Assessment, and Accountability Program Act
§ 6-15-438 - Test security and confidentiality.

(a) Violation of the security or confidential integrity of any test or assessment is prohibited.

(b) (1) The State Board of Education shall sanction a person who engages in conduct prohibited by this section.

(2) Additionally, the state board may sanction a school district or school, or both, in which conduct prohibited in this section occurs.

(3) Sanctions imposed by the state board may include without limitation one (1) or more of the following:

(A) Revocation, suspension, or probation of an individual's license;

(B) Issuance of a letter of reprimand to a licensed individual to be placed in his or her state personnel file;

(C) Additional training or professional development to be completed by a licensed individual within the time specified;

(D) Additional professional development to be administered by the school district to all licensed school district personnel involved in test administration within the time specified;

(E) Issuance of a letter of warning to the school district; and

(F) Establishment of a school district plan containing strict test security guidelines that will implement procedures to ensure the security and confidential integrity of all assessment instruments.

(4) Professional development required pursuant to subsection (b)(3) of this section as a result of violating test security or confidentiality may be in addition to professional development required for licensure.

(c) (1) Procedures for maintaining the security and confidential integrity of all testing and assessment instruments and procedures shall be specified in the appropriate test or assessment administration instructions.

(2) "Conduct that violates the security or confidential integrity of a test or assessment" means any departure from either the requirements established by the Commissioner of Education for the administration of the assessment or from the procedures specified in the applicable test administration materials.

(3) "Conduct that violates the security or confidential integrity of a test or assessment" may include, but is not limited to, the following acts and omissions:

(A) Viewing secure assessment materials;

(B) Duplicating secure assessment materials;

(C) Disclosing the contents of any portion of secure assessment materials;

(D) Providing, suggesting, or indicating to an examinee a response or answer to any secure assessment items;

(E) Aiding or assisting an examinee with a response or answer to any secure assessment item;

(F) Changing or altering any response or answer of an examinee to a secure assessment item;

(G) Failing to follow the specified testing procedures or to proctor students;

(H) Failing to administer the assessment on the designated testing dates;

(I) Encouraging or assisting an individual to engage in the conduct described in this subsection;

(J) Failing to report to the appropriate authority that an individual has engaged in conduct set forth in this section;

(K) Failing to follow the specified procedures and required criteria for alternate assessments; or

(L) Failing to return the secured test booklets to the testing company in a timely manner.

(d) (1) A licensed teacher, including a long-term substitute teacher or retired teacher acting as a substitute teacher, may serve as a proctor during the administration of a test or assessment under this subchapter if the licensed teacher has received the training required by the state board, commissioner, or the Department of Education.

(2) The state board shall not adopt a statewide test or assessment that prohibits the use of a licensed teacher, including a long-term substitute teacher or retired teacher acting as a substitute teacher, to serve as a proctor during the administration of the test or assessment.

(3) As used in this section, "long-term substitute teacher" means an individual who holds a valid teaching license who does not have a full-time contract with a school district.