2006 Code of Virginia § 22.1-292.1 - Violation of test security procedures; revocation of license

22.1-292.1. Violation of test security procedures; revocation of license.

A. The Board of Education may suspend or revoke the administrative orteaching license it has issued to any person who commits any of the followingacts knowingly and willfully with the intent to compromise secure mandatorytests administered to students as required by this title or by the Board ofEducation:

1. Giving unauthorized access to secure test questions;

2. Copying or reproducing all or any portion of any secure test booklet;

3. Divulging the contents of any portion of a secure test;

4. Coaching or assisting examinees during testing or altering test materialsor examinees' responses in any way;

5. Making available any answer keys;

6. Failing to follow test security procedures established by the Departmentof Education;

7. Providing a false certification on any test security form required by theDepartment of Education;

8. Retaining a copy of secure test questions; and

9. Participating in, directing, aiding, assisting in, or encouraging any ofthe acts prohibited by this section.

For the purposes of this section, "secure test" means an item, question, ortest that has not been made publicly available by the Department of Education.

Nothing in this section shall be construed to prohibit educational personnelfrom providing input to administrators or other authorized personnel,including school board members and members of the General Assembly, exceptwhen done in a manner that violates test integrity or security regarding theaccuracy, clarity, or propriety of test items or test administrationprocedures.

B. Nothing in this section shall be construed to prohibit or restrict thereasonable and necessary actions of the Board of Education, theSuperintendent of Public Instruction, or the Department of Education in testdevelopment or selection, test form construction, standard setting, testscoring and reporting, or any other related activities which, in the judgmentof the Superintendent of Public Instruction or the Board of Education, arenecessary and appropriate.

C. Any suspension or revocation imposed for the acts enumerated in thissection shall be rendered pursuant to Board regulations promulgated pursuantto the Administrative Process Act ( 2.2-4000 et seq.) and 22.1-298.1,governing the licensure of teachers.

(2000, cc. 634, 659; 2004, cc. 939, 955; 2006, cc. 27, 349.)