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LESC Rulemaking Report: 6.10.7 NMAC, Standardized Testing Procedures and Requirements, September 27, 2018 1 Date: September 27, 2018 Prepared By: Bedeaux Notice of Proposed Rulemaking (NPRM): Repeal 6.10.7 NMAC Statewide Standardized Testing Security Issues and Irregularities and Replace with 6.10.7 NMAC Standardized Testing Procedures and Requirements Proposed Rule Abstract 1. Agency: Public Education Department (PED) 2. Rule Citation: 6.10.7 NMAC, Standardized Testing Procedures and Requirements 3. Rulemaking Action: Repeal and Replace 4. Register Issue and Date of Notice of Proposed Rulemaking: Issue 15, August 14, 2018 5. Effective Date: October 16, 2018 6. Citation to Specific Legal Authority: Sections 22-2-1, 22-2-2, and 22-2C-4 NMSA 1978 7. Short Explanation of the Rule’s Purpose: Establish the roles, responsibilities, and procedures required for the preparation, storage, handling, distribution, security, and administration of standardized tests. 8. Link to Full Text of the Rule: https://webnew.ped.state.nm.us/wp-content/uploads/2018/08/6.10.7- NMAC_proposed-strikethrough_web.docx 9. How Information on the Rule Can Be Obtained: http://webnew.ped.state.nm.us/bureaus/policy-innovation- measurement/rule-notification/, or from Jamie Gonzales at (505)-827-7889. 10. Comment Period and Deadlines: August 14, 2018 to September 17, 2018 at 5:00 PM. Written comments may be submitted to Jamie Gonzales, Policy Division, New Mexico Public Education Department, Room 101, 300 Don Gaspar Avenue, Santa Fe, NM 87501, [email protected], or by fax to (505) 827-6520. 11. Rule Hearing: September 17, 2018 from 9:00 a.m. to 11:00 a.m. at 300 Don Gaspar Avenue in Mabry Hall, Santa Fe, NM 87501. 12. Link to Permanent Agency Rulemaking Record: http://statenm.force.com/public/SSP_RuleHearingSearchPublic Summary of Proposed Rule The August 14, 2018 issue of the New Mexico Register contained the Public Education Department’s (PED) proposed repeal of 6.10.7 NMAC, “Statewide Standardized Testing Security Issues and Irregularities” and replacement with 6.10.7 NMAC, “Standardized Testing Procedures and Requirements.” See Attachment 1, 6.10.7 NMAC, Standardized Testing Procedures and Requirements. The proposed rule reorganizes and clarifies existing rules and responsibilities and makes minor substantive changes to standardized testing requirements. The proposed rule lists the responsibilities of superintendents and charter school head administrators, school district and charter school test coordinators, school test coordinators, and test administrators. Additionally, the rule delineates requirements for the administration of standardized tests, prohibited practices, and procedures in instances of suspected testing irregularities.

Proposed Rule Abstract - New Mexico Legislature 092618 Item 7 A... · Testing Procedures and Requirements.” See Attachment 1, 6.10.7 NMAC, Standardized Testing Procedures and Requirements

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Page 1: Proposed Rule Abstract - New Mexico Legislature 092618 Item 7 A... · Testing Procedures and Requirements.” See Attachment 1, 6.10.7 NMAC, Standardized Testing Procedures and Requirements

LESC Rulemaking Report: 6.10.7 NMAC, Standardized Testing Procedures and Requirements, September 27, 2018

1

Date: September 27, 2018 Prepared By: Bedeaux Notice of Proposed Rulemaking (NPRM): Repeal 6.10.7 NMAC Statewide Standardized Testing Security Issues and Irregularities and Replace with 6.10.7 NMAC Standardized Testing Procedures and Requirements

Proposed Rule Abstract

1. Agency: Public Education Department (PED) 2. Rule Citation: 6.10.7 NMAC, Standardized Testing Procedures and Requirements 3. Rulemaking Action: Repeal and Replace 4. Register Issue and Date of Notice of Proposed Rulemaking: Issue 15, August 14, 2018 5. Effective Date: October 16, 2018 6. Citation to Specific Legal Authority: Sections 22-2-1, 22-2-2, and 22-2C-4 NMSA 1978 7. Short Explanation of the Rule’s Purpose: Establish the roles, responsibilities, and procedures required for

the preparation, storage, handling, distribution, security, and administration of standardized tests. 8. Link to Full Text of the Rule: https://webnew.ped.state.nm.us/wp-content/uploads/2018/08/6.10.7-

NMAC_proposed-strikethrough_web.docx 9. How Information on the Rule Can Be Obtained: http://webnew.ped.state.nm.us/bureaus/policy-innovation-

measurement/rule-notification/, or from Jamie Gonzales at (505)-827-7889. 10. Comment Period and Deadlines: August 14, 2018 to September 17, 2018 at 5:00 PM. Written comments

may be submitted to Jamie Gonzales, Policy Division, New Mexico Public Education Department, Room 101, 300 Don Gaspar Avenue, Santa Fe, NM 87501, [email protected], or by fax to (505) 827-6520.

11. Rule Hearing: September 17, 2018 from 9:00 a.m. to 11:00 a.m. at 300 Don Gaspar Avenue in Mabry Hall, Santa Fe, NM 87501.

12. Link to Permanent Agency Rulemaking Record: http://statenm.force.com/public/SSP_RuleHearingSearchPublic

Summary of Proposed Rule

The August 14, 2018 issue of the New Mexico Register contained the Public Education

Department’s (PED) proposed repeal of 6.10.7 NMAC, “Statewide Standardized Testing

Security Issues and Irregularities” and replacement with 6.10.7 NMAC, “Standardized

Testing Procedures and Requirements.” See Attachment 1, 6.10.7 NMAC,

Standardized Testing Procedures and Requirements. The proposed rule

reorganizes and clarifies existing rules and responsibilities and makes minor

substantive changes to standardized testing requirements. The proposed rule lists the

responsibilities of superintendents and charter school head administrators, school

district and charter school test coordinators, school test coordinators, and test

administrators. Additionally, the rule delineates requirements for the administration

of standardized tests, prohibited practices, and procedures in instances of suspected

testing irregularities.

Page 2: Proposed Rule Abstract - New Mexico Legislature 092618 Item 7 A... · Testing Procedures and Requirements.” See Attachment 1, 6.10.7 NMAC, Standardized Testing Procedures and Requirements

LESC Rulemaking Report: Title of Report, Date 2

Analysis

The proposed rule reorganizes existing standardized testing regulations in a format

that more clearly delineates the roles and responsibilities of individuals involved in

standardized testing procedures. Superintendents and charter school head

administrators, school district and charter school test coordinators, school test

coordinators, and test administrators each have a section clearly

explaining their respective responsibilities. See Attachment 2,

Responsibilities of Individuals Associated with Standardized Testing

under Proposed 6.10.7 NMAC.

Responsibilities of Individuals Associated with Standardized Testing Superintendents and Charter School Head Administrators. Under the

proposed 6.10.7 NMAC, school district superintendents and charter school

head administrators will still be responsible for ensuring standardized

tests are handled, prepared for, and administered in accordance with

regulation and manuals provided by PED and test vendors.

Superintendents and charter school head administrators will be required

to designate a school district or charter school test coordinator, and may

also designate a secondary test coordinator. Test coordinators will no

longer be limited to a duration of one to three years. Superintendents and

charter school head administrators will also no longer be responsible for

distributing a copy of 6.10.7 NMAC to test coordinators. Superintendents

and charter school head administrators will now also need to complete

and return a form to PED at the end of every semester verifying

assessments remained secure, staff were adequately trained, and

accommodation requirements were met.

School District and Charter School Test Coordinators. The

responsibilities of school district and charter school test coordinators

were not substantially altered by the proposed rule. School district and

charter school test coordinators will still be required to attend PED

trainings, however the frequency of these trainings may change; while

the original rule stated trainings would happen twice per year, the

proposed rule does not specify how often PED will hold trainings. School

district and charter school test coordinators will continue to be

responsible for providing training to staff before each spring and fall

testing window and school district procedures comply with 6.10.7.12

NMAC. The proposed rule includes a new requirement that the school

district or charter school test coordinator provide all training participants

with written copies of 6.10.7 NMAC and all relevant statutes, regulations,

and written school district or charter school guidance.

School Test Coordinators. School test coordinators are individuals at

school sites responsible for the administration of standardized tests.

School test coordinators will still be trained by school district and charter

school test coordinators and will still be responsible for training all school

personnel involved in test administration on the requirements of 6.10.7

The proposed rule also explains the role of test proctors, staff responsible for supporting test administrators by gathering missing supplies and dealing with medical emergencies, although test proctors do not have a separate section in the rule. The proposed rule allows locally-chartered charter schools to submit requests to superintendents to designate their own charter school test coordinator. Charter school test coordinators must meet all the requirements and responsibilities outlined for school district and charter school test coordinators. Various specific requirements of standardized test administration and security were moved to their own section in the proposed rule, 6.10.7.12 NMAC. Instead of listing these as specific requirements of school district and charter school test coordinators, the proposed rule now more appropriately lists them as general standardized testing requirements with which all individuals must comply. In the absence of a school district or charter school policy that includes the requirements of 6.10.7.12 NMAC, the school district or charter school test coordinator will be required to develop checklists and written procedures to ensure compliance with the rule.

Page 3: Proposed Rule Abstract - New Mexico Legislature 092618 Item 7 A... · Testing Procedures and Requirements.” See Attachment 1, 6.10.7 NMAC, Standardized Testing Procedures and Requirements

LESC Hearing Brief: Title of Report, Date 3

NMAC and ensuring the school implements written school district or charter school

policies in compliance with the rule.

Test Administrators. The final group of responsibilities mentioned in the

proposed rule are those of test administrators, individuals responsible for

administering standardized tests to students. The requirements for test

administrators were not substantially changed in the proposed rule. Test

administrators will be required to be trained by school test coordinators,

and will be responsible for reviewing and administering tests consistent

with the test administrator’s manual. After testing each day, test

administrators will be required to return the tests to the school, school

district, or charter school test coordinator. If a test administrator observes

any “testing irregularity” or student misconduct, they will be required to

report the issue to the school, school district, or charter school test

coordinator immediately.

Procedures for Standardized Testing

In addition to specific responsibilities for certain individuals, the proposed rule

contains several sections with general standardized testing requirements that apply

to all individuals involved in the standardized testing process. These procedures begin

in the proposed 6.10.7.12 NMAC and continue through 6.10.7.15 NMAC. See

Attachment 3, Regulations Regarding Standardized Test Administration under

Proposed 6.10.7 NMAC.

Procedures for Standardized Testing. Many procedures for standardized testing

were not significantly altered. The proposed rule eliminates two requirements:

standardized test material not stored in sealed containers would no longer need to be

segregated, wrapped in clear or unclear paper, and sealed with packing tape; and

substitute teachers, educational assistants, school nurses, and athletic coaches would

no longer be able to administer standardized tests. The proposed rule also contains

three new regulations: records detailing the removal of standardized testing materials

must document whether the materials were removed from school grounds; the ratio

of test administrators to students shall not exceed 25 students per administrator; and

test proctors must be used to support administrators in gathering supplies and dealing

with medical situations.

Prohibited Practices for Standardized Testing. Individuals will be

prohibited from all of the same practices as in current rule as well as

several new practices. Under the proposed rule, students would be

prohibited from having smart watches, media players, headphones and

backpacks during standardized tests. Additionally, the following practices

would be prohibited: administering a standardized test to an immediate

family member; teaching from, possessing, or disseminating a photocopy of any

portion of a test; copying copyrighted materials for the purpose of distribution; and

coaching or otherwise inappropriately assisting in written student answers.

Test administrators will be required to utilize test proctors in halls to gather missing supplies or deal with medical situations, rather than leave the testing room themselves. Testing irregularities refer to any observed conduct that raises doubts about the validity of any portion of a standardized test. Irregularities can occur at many points during the standardized testing process, including preparation, administration, security, or scoring.

Under current rules, students are prohibited from having scrap paper, tablets, laptops, cell phones, cameras, calculators, calculator watches, and rulers during a standardized test.

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LESC Rulemaking Report: Title of Report, Date 4

Nondisclosure of Standardized Test Materials. The proposed rule does not

significantly alter the permissions of individuals regarding the

confidentiality of standardized tests. Persons given access to standardized

test materials will still be required to sign a non-disclosure form, and may

only review standardized test materials at PED under the direct supervision

of PED staff. However, under the proposed rule, PED may now choose to

release select portions of assessments for the purposes of training and

professional development. Test items not released by the department shall

not be released by any unauthorized individual or organization.

Testing Irregularities. Existing regulations regarding testing irregularities

were kept intact in the proposed rule. Individuals who suspect a testing

irregularity are required to report the issue within 24 hours to the school

district or charter school test coordinator, who will have three days to

conduct an investigation and submit a formal report to PED. Individuals

who suspect the school district or charter school test coordinator has

engaged in a testing irregularity will be required to report the issue directly to PED

within three days of learning of the irregularity. PED will continue to use its discretion

in investigating testing irregularities, and may take any number of the following

corrective measures:

Direct the school district or charter school or a named individual to cease

and desist engaging in a particular irregularity or further testing during the

current school year;

Revoke the individual’s access to standardized test materials to ensure test

security;

Recommend further action PED deems reasonable and necessary to

maintain test security;

Invalidate the standardized test results and inform the school district or

charter school that the affected student will not receive scores on portions

or all of a standardized assessment;

Refer the matter for possible suspension or revocation of a person’s

licensure pursuant to procedures set forth in 6.68.3 NMAC;

Refer the matter to other department divisions for appropriate action;

Take any other action authorized by state or federal law or regulation; or

Modify school, school district, and charter school accountability

determinations.

The proposed rule would eliminate a provision that allows students whose

tests were affected by testing irregularities to have the test re-administered

in a similar form. Paragraph 4 of Subsection B of the proposed Section 6.10.7.15

NMAC states students affected by irregularities will not receive scores on any

portion of the standardized test affected by a testing irregularity.

Technical Issues

A reference in Paragraph B of Section 6.10.7.10 NMAC, Responsibilities of School Test

Coordinators, should be amended to correctly refer to 6.10.7.12 NMAC, Procedures

for Standardized Testing, rather than 6.10.7.13 NMAC, Nondisclosure of Standardized

Test Materials.

Individuals suspected of testing irregularities will be given as much access to the relevant portions of the assessment as is reasonably necessary to prepare for a hearing, but all material used as evidence at a hearing is subject to confidentiality by all hearing attendees.

A violation of any regulation in 6.10.7 NMAC constitutes a testing irregularity and shall give PED good and just cause to suspend or revoke a person’s license.

Under the proposed rule, corrective measures like those to the right would no longer be the sole responsibility of the PED accreditation team, but of the appropriate division at PED. Because standardized tests like the PARCC now constitute the primary demonstration of competency for high school students, invalidating student test scores could require students to pursue an alternative demonstration of competency in order to graduate.

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6.10.7 NMAC 1

PROPOSED REPEAL AND REPLACE STRIKETHROUGH Strikethrough represents original language being taken out Underline represents new language

TITLE 6 PRIMARY AND SECONDARY EDUCATION CHAPTER 10 PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS PART 7 [STATEWIDE STANDARDIZED TESTING SECURITY ISSUES AND IRREGULARITIES] STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS

6.10.7.1 ISSUING AGENCY: Public Education Department, hereinafter the department. [6.10.7.1 NMAC – Rp, 6.10.7.1 NMAC, 10/16/2018]

6.10.7.2 SCOPE: All school districts, charter schools, state educational institutions and bureau of Indian education schools that administer standardized tests, as well as their employees or volunteers who have access to those standardized tests. [6.10.7.2 NMAC - Rp, 6.10.7.2 NMAC, 10/16/2018]

6.10.7.3 STATUTORY AUTHORITY: Sections 22-2-1, 22-2-2 and 22-2C-4, [22-13-1.1 and 22-13-1.2,] NMSA 1978. [6.10.7.3 NMAC - Rp, 6.10.7.3 NMAC, 10/16/2018]

6.10.7.4 DURATION: Permanent [6.10.7.4 NMAC - Rp, 6.10.7.4 NMAC, 10/16/2018]

6.10.7.5 EFFECTIVE DATE: October 16, 2018, unless a later date is cited at the end of a section. [6.10.7.5 NMAC - Rp, 6.10.7.5 NMAC, 10/16/2018]

6.10.7.6 OBJECTIVE: [The public education department (PED) is required by statute to measure student achievement through standardized tests administered in public schools. These tests are also administered by agreement in state educational institutions and bureau of Indian education schools. To carry out this duty, the PED hereby establishes uniform procedures for preparation, security, administration, and safeguarding of standardized tests wherever administered.] This rule establishes the roles, responsibilities, and procedures required for the preparation, storing, handling, distribution, security, and administration of standardized tests. [6.10.7.6 NMAC - Rp, 6.10.7.6 NMAC, 10/16/2018]

6.10.7.7 DEFINITIONS: [ A. "Testing irregularity" means any circumstance within or beyond the control of a school district that in the opinion of the PED or a school district raises doubts about the propriety of standardized testing procedures, preparation materials, standardized testing administration, standardized testing security, student scores attained from standardized testing, or teacher or student conduct observed during standardized testing.

B. "Standardized test" means any nationally norm-referenced test, state or national performanceassessment, state or national criterion-referenced assessment or state or national standards-based assessment that is required by law to be administered in all school districts and is required to be administered with standard procedures.

C. "Standardized test material" means a standardized test or any related items such as examinerguides, preparation materials, test security guides, answer sheets or booklets and any student notes, answers, or essays generated during the administration of a standardized test.

D. "Nationally norm-referenced test" means a timed test whose purpose is to measure studentperformance against a national norming group.

E. "Criterion-referenced assessment" means an assessment that is based upon identified criteria.F. "Standards-based assessment" means a standardized assessment whose purpose is to measure

student performance against state standards and benchmarks. G. "Performance assessment" means an assessment based on an extended task which is a

demonstration of student ability. H. "District test coordinator" means the licensed school personnel or administrator in a district

Proposed Section 6.10.7 NMAC ATTACHMENT 1

5

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6.10.7 NMAC 2

with the overall responsibility for district handling, storing, distributing and recording such distribution by booklet or answer sheet number, collecting, and administering standardized tests, training school personnel in test security matters and proper administration procedures, and shall be that district's superintendent unless another licensed school instructor or administrator is formally designated. I. "School test coordinator" means the licensed school instructor or administrator in a school with the responsibility for handling, storing, distributing assessments for administration to test examiners and recording such distribution by booklet or answer sheet number, collecting, and administering standardized tests, training school personnel in test security matters and proper administration procedures within the school site, and shall be designated by the district's superintendent. J. "Test examiner" means every licensed school instructor or administrator in a school district with the responsibility of administering tests under this rule. K. "New Mexico statewide assessment program" (“NMSAP”) means the assessment program that is approved by the PED and designates the required standardized tests to be administered in New Mexico public school districts, charter schools and state educational institutions. L. “Test administration window” means a specified period of time, as designated by the PED assessment and evaluation unit, during which statewide tests must be administered. M. “Proctor” means a designated, trained person(s) to assist the test administrator during the time of testing.] A. "District or charter test coordinator" or “DTC” means the licensed school instructor, counselor, student success advisor, or administrator in a school district, charter school, state educational institution, or bureau of Indian education school designated by the district superintendent, charter administrator, or governing authority of a state educational institution or BIE school with the overall responsibility for:

(1) handling, storing, and distributing standardized tests; (2) recording standardized test distribution by booklet or answer sheet number; (3) collecting and administering standardized tests; (4) training school personnel in test security matters; and (5) following proper administration procedures.

B. “Instructional support provider” means every licensed educational diagnostician, interpreter for the deaf, rehabilitation counselor, school counselor, school psychologist, school social worker, or speech language pathologist. C. "New Mexico statewide assessment program" or “NMSAP” means the assessment program that is approved by the department and designates the required standardized tests to be administered in New Mexico public school districts, charter schools, state educational institutions, and bureau of Indian education schools. D. “Proctor” means a designated, trained person who assists the test administrator during the time of testing. E. “School test coordinator" means the licensed school instructor, counselor, student success advisor, administrator, or instructional support provider responsible for:

(1) handling, storing, and distributing standardized tests for administration to test examiners; (2) recording standardized test distribution by booklet or answer sheet number; (3) collecting and administering standardized tests; (4) training school personnel in test security matters; and (5) following proper administration procedures within the school site.

F. "Standardized test" means any nationally norm-referenced assessment, state or national performance assessment, or state or national criterion-referenced assessment. G. "Standardized test material" means a standardized test or any related items for paper-based or online testing such as examiner guides, preparation materials, student test tickets, test security guides, answer sheets or booklets, and any student notes, answers, or essays generated during the administration of a standardized test. H. "Test administrator" means the licensed school instructor, counselor, student success advisor, administrator, or instructional support provider in a school district, charter school, state educational institution, or bureau of Indian education school with the responsibility of administering tests under the guidelines outlined in 6.10.7 NMAC. I. “Test administration window” means a specified period of time, as designated by the department assessment bureau, during which statewide tests shall be administered. J. "Testing irregularity" means any circumstance within or beyond the control of a school district or charter that raises doubts with the department, district, or charter about the propriety of standardized testing procedures, preparation materials, standardized testing administration, standardized testing security, student scores

Proposed Section 6.10.7 NMAC ATTACHMENT 1

6

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6.10.7 NMAC 3

attained from standardized testing, or educators’ or individuals’ conduct observed during standardized test administration. [6.10.7.7 NMAC - Rp, 6.10.7.7 NMAC, 10/16/2018] 6.10.7.8 [DISTRICT SUPERINTENDENT'S RESPONSIBILITY] RESPONSIBILITIES OF SUPERINTENDENTS AND CHARTER ADMINISTRATORS: [It shall be the responsibility of each school district superintendent to ensure that standardized tests are handled, stored, prepared for, and administered in accordance with this rule and in accordance with any precautionary instructions provided with the tests.] It shall be the responsibility of each superintendent or charter administrator to ensure that standardized tests are handled, stored, prepared for, and administered in accordance with 6.10.7 NMAC and test manuals provided by the department and testing vendors. [A. The superintendent may designate one district test coordinator and additional school test coordinators for the purpose of delegating the duties necessary to carry out compliance with this rule. The district test coordinator must attend standardized test training workshops provided by the PED. The district test coordinator shall hold a valid PED certified school instructor or administrator license, excluding licenses for substitutes, educational assistants, school nurses, and coaches.] A. Superintendents and state charter administrators shall designate one DTC and may designate a secondary test coordinator for the purpose of delegating the duties necessary to comply with 6.10.7 NMAC. B. Test administration at district charters shall be the responsibility of the DTC designated by the district superintendent. District charters may submit written requests to designate their own test coordinator. Requests shall be submitted to and approved by the superintendent at the start of the school year. Failure to meet any standardized test administration policies or practices will result in removal of the district charter test coordinator without appeal. Upon such determination, all test coordination responsibilities shall defer back to the authorizing district’s test coordinator. [B. Any such designation shall: (1) be in writing; (2) identify the name and title if any of the person(s) so delegated; (3) indicate the duration of their assignment which shall be no less than one nor more than three calendar years; and (4) indicate that this person(s) has been given a copy of this rule together with any written district policies relating to standardized test preparation, administration and security.]

C. The designation of district, charter, and secondary test coordinators shall: (1) be in writing; and (2) identify the name, title, and contact information of the person(s) so delegated. D. The superintendent or charter administrator shall complete and return the verification of test security, staff training, and accommodations requirements form to the department within ten business days after the close of all NMSAP testing at the end of each semester. [6.10.7.8 NMAC - Rp, 6.10.7.8 NMAC, 10/16/2018] [6.10.7.9 DISTRICT TEST COORDINATOR'S RESPONSIBILITY: [To produce valid results, standardized test materials should be stored, handled, disposed of and administered in a uniform and secure manner. This requires adherence to training procedures and topics, test preparation procedures and administration practices that emphasize test security, compliance with test vendor legal, administration, handling, and disposal procedures, and adherence to the New Mexico Standards of Professional Conduct set forth at 6.60.2 .9 NMAC. These practices are intended to apply to all individuals, other than the tested students themselves, who are expressly or implicitly given access to standardized tests. The district test coordinator shall attend semiannual workshops held by PED in order to be trained and then shall provide training for all district personnel involved in test administration, preparation, and security. It shall be the responsibility of each school district's test coordinator to, at a minimum, implement and carry out the following test material preparation, handling, storage, administration, and secure disposal practices.] A. In the absence of a written district policy that includes the following procedures, the district test coordinator shall develop a checklist and written procedure for storing and handling standardized test material whereby: (1) standardized tests shall be counted, inventoried and stored in a secure area; (2) space permitting, standardized test material should be stored in sealed containers in a secure area;

Proposed Section 6.10.7 NMAC ATTACHMENT 1

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6.10.7 NMAC 4

(3) standardized test material not stored in sealed containers shall be segregated, wrapped in clear or unclear paper, and sealed securely with packing tape bearing the sealing date and the initials of the person sealing it; and (4) standardized test material, as directed by the PED, shall be disposed of by either shredding or returning such materials to the test vendor. B. In the absence of a written district policy that includes the following procedures, the district test coordinator shall develop a checklist and procedure for accessing standardized test material whereby: (1) access to standardized test material shall be restricted, limited and controlled, with personnel having access designated by the district superintendent; (2) records shall be maintained that identify the individual who removed a standardized test(s) or other standardized test material, the name of the standardized test(s) or standardized test material that was removed, how many standardized tests or standardized test materials were removed, the identifying number of the standardized test(s) or standardized test material removed, and the date the standardized test(s) or standardized test material was removed; (3) each standardized test material access record shall be maintained for at least five calendar years and be made available for review by the PED upon request; (4) records similar to Paragraph (2) of Subsection B of Section 9 of 6.10.7 NMAC above shall be maintained on the return of any standardized test material removed; and (5) the district test coordinator shall inform all district teachers, aides, educational assistants, substitutes, volunteers, licensed and unlicensed office staff, and anyone else who is likely to come into contact with standardized testing material, of the need to maintain strict standardized test security by: (a) developing and disseminating handouts to these individuals; (b) offering in-service training to these individuals; and (c) prior to and during a state-mandated assessment administration window, posting conspicuous signs near school copy machines warning that PED rules prohibit the copying of any portion of a standardized test including a student's answer, and any other standardized testing material. C. In the absence of a written district policy that includes the following procedures, the district test coordinator shall develop a checklist, in-service training and a written procedure for administering standardized tests whereby: (1) in-service training shall be provided to all persons who administer or proctor a standardized test, and no one shall be permitted to administer or proctor a standardized test without first completing training in accordance with timelines, topics, and materials designated by the PED; (2) only certified school instructors and administrators, excluding substitutes, educational assistants, school nurses, and coaches, shall administer a standardized test; (3) PED sign-in forms, listing training topics and printed name and signature, shall be maintained as a record by date to identify all individuals who have completed the district training in test security, practice materials, and administration of standardized tests; (4) each sign-in record shall be maintained for at least five calendar years and be made available for review by the PED upon request; (5) all test examiners and proctors shall be informed that prohibited test practices include but are not limited to: (a) changing a student's standardized test answers including but not limited to erasing, double-marked or lightly erased or lightly marked answers, or directing or suggesting that a student change a standardized test answer; (b) providing students with a review of specific standardized test items, specific standardized test items with minor changes in settings or numbers, verbal or written restatements of standardized test items, specific vocabulary from standardized test directions or standardized test items, or answers before, during or after a standardized test; (c) discussing, photocopying, or reproducing in any other fashion including paraphrasing, any portion of a standardized test or a student's answer; (d) affording any student under a standardized administration extra time to complete a timed subtest, unless permitted as an accommodation; (e) reading standardized test items aloud to students unless required in a specific standardized test or unless a student is required to be provided with special accommodations; permitting students to talk, become disruptive or exchange any papers during a standardized test; (f) permitting students during a standardized test to have on their desk or use any

Proposed Section 6.10.7 NMAC ATTACHMENT 1

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6.10.7 NMAC 5

unauthorized items, including but not limited to, scrap paper (if not required for a subtest), hand computers, laptop computers, cell phones with or without cameras, cameras, calculators, calculator watches and rulers unless any of these are required or permitted by standardized test instructions; (g) permitting students to observe standardized test vocabulary words with definitions, addition or multiplication tables (in various forms), spelling words on the standardized test, or similar assistance material during the administration of the standardized test; (i) permitting students to begin a subtest, leave the testing room, and return to finish the subtest; (j) permitting students to enter a testing room after the standardized test has already commenced; (k) permitting state-mandated test material to remain unattended in an unlocked room; (l) taking standardized or state-mandated test material off campus unless specifically authorized by the district test coordinator; (m) displaying or failing to conceal visual aids that may assist students in the testing room; (6) test examiners shall take prompt, corrective action if they observe a student engaged in any prohibited conduct during a standardized test; and (7) all test examiners shall be informed of their duty to promptly report testing irregularities as soon as they are aware to the district test coordinator. D. Regardless of whether a district elects to appoint a school test coordinator, district test coordinators shall provide in-service training to all principals in their district in the storing, handling, destruction, and administration of standardized test material. (1) Principals shall receive the same in-service training and be charged with the same knowledge as those administering standardized test material and those serving as test examiners as set forth in Subsection C of Section 6.10.7.9 NMAC above. (2) Although district test coordinators need not directly train assistant principals within their districts, if they choose not to train them, they shall at a minimum require assistant principals to be knowledgeable in accordance with Subsection C of Section 9 of 6.10.7 NMAC above. E. All training required by this section shall be administered prior to the fall and spring test administration windows. The assessment and evaluation unit of the PED shall inform the district test coordinators of the dates of those test administration windows in a memo disseminated to each district test coordinator at least annually. [6.10.7.9 NMAC - N, 09/28/2001; A, 11/13/2009; A, 03/15/2012] 6.10.7.9 RESPONSIBILITIES OF DISTRICT OR CHARTER TEST COORDINATORS: A. The DTC shall attend all trainings indicated as mandatory by the department in their entirety. DTC attendance at mandatory trainings shall be subject to verification. B. Once trained, DTCs shall provide training for all secondary test coordinators, school test coordinators, and all personnel involved in test administration, preparation, and security. C. DTCs shall provide principals the same training as test administrators as well as additional training in the storing, handling, destruction, and administration of standardized test material. Assistant principals shall, at a minimum, be knowledgeable of the requirements for the administration of standardized tests set forth in Subsection C of 6.10.7.12 NMAC. D. The DTC shall inform all teachers, educational assistants, substitutes, volunteers, licensed and unlicensed office staff, and anyone else who is likely to come into contact with standardized testing material of the need to maintain strict standardized test security by: (1) developing and disseminating handouts to these individuals; (2) providing training to these individuals; and (3) posting conspicuous signs near school copy machines prior to and during a standardized test that warn of department rules prohibiting the copying of any portion of a standardized test, including student responses and any other standardized testing material. E. The DTC shall provide training participants with copies of the following: (1) 6.10.7 NMAC and any other relevant statute or regulation, if necessary; (2) written district or charter guidance documents; (3) testing schedules; and

Proposed Section 6.10.7 NMAC ATTACHMENT 1

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6.10.7 NMAC 6

(4) test administration manuals. F. The department shall inform DTCs of the test administration windows in writing at least annually. DTCs shall ensure that all required training, including online testing and test security training, is administered prior to the fall and spring test administration windows. G. In the absence of a written district or charter policy that includes the procedures outlined in 6.10.7.12 NMAC, the DTC shall develop checklists and written procedures for internal use to ensure compliance with 6.10.7 NMAC. H. The DTC shall: (1) ensure all procedures for standardized testing comply with 6.10.7.12 NMAC; and (2) carry out infrastructure trials and online testing preparations. [6.10.7.9 NMAC - Rp, 6.10.7.9 NMAC, 10/16/2018] [6.10.7.10 SCHOOL TEST COORDINATOR'S RESPONSIBILITY: A. The school test coordinator(s), if one or more are appointed by the superintendent, shall be trained by the district test coordinator and then shall provide training for all school personnel involved in test administration, preparation, and security, unless the district test coordinator provides such training. It shall be the responsibility of each school’s test coordinator to, at a minimum, implement and carry out the following test material preparation, handling, storage, administration, and secure disposal practices. B. The school test coordinator(s), if one or more are appointed by the superintendent, shall utilize the written district policy or checklist and written procedures developed by the district test coordinator for storing, accessing, and administering standardized tests. [6.10.7.10 NMAC - N, 9/28/2001] 6.10.7.10 RESPONSIBILITIES OF SCHOOL TEST COORDINATORS: A. The school test coordinator(s) shall be trained by the DTC and shall provide training for all school personnel involved in test administration, preparation, and security, unless the DTC provides such training. B. The school test coordinator(s) shall use the written district or charter policy or checklists and written procedures developed by the DTC to implement the procedures outlined in 6.10.7.13 NMAC. [6.10.7.10 NMAC - Rp, 6.10.7.10 NMAC, 10/16/2018] [6.10.7.11 STAFF RESPONSIBILITY: A. All school district staff, including administrators, teachers, volunteers and office personnel who come in contact with standardized tests, shall familiarize themselves with basic principles of standardized test security. Any specific questions should be directed, first to their school or district test coordinator, then to the assessment and evaluation unit of the PED. B. Test examiners shall: (1) administer the standardized test according to the directions and specifications in the standardized test examiner’s manual and during the designated test administration window; (2) return the standardized tests to the school or district test coordinator after testing each day during the test administration window for secure overnight storage; (3) use test monitors in the hall to gather additional materials or deal with medical situations; and (4) review the standardized test examiner’s manual so that administration procedures are understood. C. It shall be a prohibited practice for anyone to: (1) photocopy or reproduce in any other fashion including paraphrasing, any portion of a standardized test including a student’s answer; (2) teach from, possess or in any way disseminate a photocopy or other reproduced or paraphrased standardized test or portion of a standardized test; (3) copy copyrighted test preparation materials for the purpose of distribution; (4) provide students with a review of specific standardized test questions or answers before, during or after a standardized test; (5) permit secure standardized test material to remain unattended in an unlocked room; (6) coach or otherwise inappropriately assist with the selection or writing of student answers; (7) take standardized test material off campus unless specifically authorized by the district test coordinator or the assessment and evaluation unit of the PED.

Proposed Section 6.10.7 NMAC ATTACHMENT 1

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6.10.7 NMAC 7

[6.10.7.11 NMAC - N, 09/28/2001; A, 11/13/2009; A, 7/29/2016] 6.10.7.11 RESPONSIBILITIES OF TEST ADMINISTRATORS: A. Test administrators shall be trained by the school test coordinator or the DTC. B. Trainings shall inform test administrators of their duty to promptly report testing irregularities as soon as they are aware to the DTC. C. Test administrators shall: (1) review the standardized test administrator’s manual so that administration procedures are understood; (2) use test proctors in the hall to gather missing supplies or deal with medical situations; (3) administer the standardized test according to the directions and specifications in the standardized test administrator’s manual; (4) only administer the standardized test during the designated test administration window; (5) return the standardized tests to the school, district, or charter test coordinator after testing each day during the test administration window for secure overnight storage; and (6) take prompt, corrective action if a student is observed engaging in any prohibited conduct during a standardized test. [6.10.7.11 NMAC - Rp, 6.10.7.11 NMAC, 10/16/2018] 6.10.7.12 NON-DISCLOSURE OF STUDENT TEST MATERIALS: All standardized tests in the NMSAP are the sole PED-approved and mandated assessments for the state of New Mexico. Each, with the exception of off-the-shelf standardized assessments, was developed by the PED, or the test vendor under contract with the PED, to help identify academic progress made by public education students and evaluate the program effectiveness of New Mexico public schools. The PED has a proprietary interest in the assessments within the NMSAP. As such, the PED must safeguard not only its proprietary interest, but also the confidentiality of each standardized test. A. Any person suspected of engaging in a testing irregularity who requests a meeting, review, or hearing under state law or regulation shall have only limited access to test items within the NMSAP. (1) Given the proprietary nature of any assessment which is part of the NMSAP, under no circumstance shall a standardized test which is part of the NMSAP be released. (2) Upon request, a person suspected of engaging in a testing irregularity shall be given as much access to an NMSAP assessment as is reasonably necessary to prepare for a pending meeting or hearing. (3) The original or copy of any NMSAP assessment used as evidence at any meeting or hearing shall also be subject to confidentiality by all attendees and participants. B. Any person given permission to view an NMSAP assessment may only view the assessment during routine office hours of the PED under supervision of an PED employee and on the PED’s premises, unless permission is given to review the assessment under the direction of an appointee of the PED. No NMSAP may be written on, marked, electronically copied, hand-duplicated, or otherwise removed from the premises of the PED or a local education agency in possession of an NMSAP assessment. C. Any person permitted to review any standardized test which is part of the NMSAP or participating in a review associated with assessment development procedures shall sign a non-disclosure form offered by the PED agreeing not to reveal any confidential materials, specific standardized test items, or specific concepts or skills to be measured on the standardized test to include verbal or written restatements of standardized test items, minor changes in settings or numbers, and specific vocabulary from standardized test directions or standardized test items. [6.10.7.12 NMAC - N, 09/28/2001; A, 11/13/2009] 6.10.7.12 PROCEDURES FOR STANDARDIZED TESTING: A. Storing and handling of standardized test material. (1) Standardized tests shall be counted, inventoried, and stored in a secure, locked location with limited access. (2) Space permitting, standardized test material shall be stored in sealed containers in a secure area. (3) Standardized test materials, as directed by the department, shall be disposed of by either shredding or returning such materials to the test vendor. B. Accessing standardized test material. (1) Access to standardized test materials shall be restricted, limited, and controlled.

Proposed Section 6.10.7 NMAC ATTACHMENT 1

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6.10.7 NMAC 8

(2) Personnel with access to standardized test materials shall be designated by the superintendent or charter administrator. (3) The removal of standardized test materials from their secure, locked location for the purposes of test administration and submittal at the close of the test administration window shall be logged and recorded. Records shall: (a) identify the individual who removed standardized test materials; (b) identify the name(s) and identifying number(s) of the standardized test materials that were removed; (c) identify the number of standardized test materials that were removed; (d) identify the date the standardized test materials were removed; (e) include documentation of any standardized test materials taken off school grounds and their return; (f) be maintained for at least five calendar years; and (g) be made available for review by the department upon request. C. Administration of standardized tests. (1) Only licensed school instructors, administrators, and instructional support providers shall administer a standardized test. (2) Substitutes, educational assistants, school nurses, and coaches shall not administer standardized tests. (3) Training shall be provided to all persons who administer or proctor a standardized test. Individuals shall not be permitted to administer or proctor a standardized test without first completing training in accordance with the timelines, topics, and materials designated by the department. (a) Sign-in forms listing training topics, printed name, and signature shall be maintained as a record by date to identify all individuals who have completed the district or charter training in test security, practice materials, and administration of standardized tests. (b) Each sign-in record shall be maintained for at least five calendar years and be made available for review by the department upon request. (4) The ratio of test administrators to students shall not exceed 25 students per test administrator. (5) Test proctors shall be utilized to support the following: (a) gathering of missing supplies; and (b) assistance with medical situations. D. Prohibited Practices. The following practices shall be prohibited: (1) changing a student's standardized test answers, erasing double-marked or lightly erased or lightly marked answers, or directing or suggesting that a student change a standardized test answer; (2) providing students with a review of specific standardized test items, specific standardized test items with minor changes in settings or numbers, verbal or written restatements or paraphrasing of standardized test items, specific vocabulary from standardized test directions or standardized test items, or answers before, during or after a standardized test; (3) discussing, photocopying, or reproducing in any other fashion including paraphrasing, any portion of a standardized test or student responses; (4) affording any student under a standardized administration extra time to complete a timed subtest, unless permitted as an accommodation in the student’s IEP, 504 plan, or English learner plan; (5) reading standardized test items aloud to students unless required in a specific standardized test or unless required as an accommodation in the student’s IEP, 504 plan, or English learner plan; (6) permitting students during a standardized test to have on or near their desk or on their person, any unauthorized items, including scrap paper, tablets, laptop computers, cell phones with or without cameras, cameras, calculators, calculator watches, smart watches, media players, headphones, backpacks, and rulers unless any of these are required or permitted by standardized test instructions; (7) permitting students to observe standardized test vocabulary words with definitions, addition or multiplication tables (in various forms), spelling words on the standardized test, or similar assistance material during the administration of the standardized test; (8) permitting students to talk, become disruptive, or exchange any test materials; (9) permitting students to begin a subtest, leave the testing room, and return to finish the subtest; (10) permitting students to enter a testing room after the standardized test has already

Proposed Section 6.10.7 NMAC ATTACHMENT 1

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6.10.7 NMAC 9

commenced; (11) permitting standardized test material to remain unattended in an unlocked room; (12) taking standardized test material off campus unless specifically authorized by the DTC; (13) displaying or failing to conceal visual aids that may assist students in the testing room; (14) administering a standardized test to immediate family members or relatives including children, stepchildren, siblings, nieces, nephews, or grandchildren; (15) teaching from, possessing, or in any way disseminating a photocopy or other reproduced or paraphrased standardized test or portion of a standardized test; (16) copying copyrighted test preparation materials for the purpose of distribution; and (17) coaching or otherwise inappropriately assisting with the selection or writing of student answers. [6.10.7.12 NMAC - Rp, 6.10.7.12 NMAC, 10/16/2018] 6.10.7.13 REPORTING TESTING IRREGULARITIES: The PED finds that measuring student achievement through the administration of standardized tests will have a positive, long reaching impact on students, school districts and school improvement. To ensure the integrity of these tests and their results, the principles of test security must be strictly followed. Accordingly, material violations of this rule or breaches of test security shall constitute good and just cause to suspend or revoke a person's PED licensure. Additionally: A. School district personnel and volunteers shall promptly report suspected testing irregularities to the district test coordinator. Where the district test coordinator is suspected of having engaged in a testing irregularity, reporting shall be made within three days of learning of the suspected irregularity by telephoning the assessment and evaluation unit of the PED. B. School districts shall report by telephone suspected testing irregularities to the assessment and evaluation unit of the PED within three working days of being notified of a suspected testing irregularity. C. The district test coordinator shall submit a report to the assessment and evaluation unit of the PED that contains the allegation(s), his/her findings and corrective action taken, if any. D. School districts shall cooperate with the PED if the PED determines that further investigation or action is needed. [6.10.7.13 NMAC - N, 09/28/2001; A, 11/13/2009] 6.10.7.13 NONDISCLOSURE OF STANDARDIZED TEST MATERIALS: A. All standardized tests in the NMSAP are the proprietary interest of the department and shall be safeguarded. B. Any person permitted to review a standardized test that is part of the NMSAP or participating in a review associated with assessment development procedures shall sign a nondisclosure form offered by the department agreeing not to reveal any confidential materials, specific standardized test items, or specific concepts or skills to be measured on the standardized test to include verbal or written restatements of standardized test items, minor changes in settings or numbers, and specific vocabulary from standardized test directions or standardized test items. C. Any person given permission to review an NMSAP assessment may only review the assessment on site during department office hours with the supervision of a department employee, unless permission is given for reviewing the assessment with an appointee of the department. No NMSAP assessment may be written on, marked, electronically copied, hand-duplicated, or otherwise removed from the premises of the department or a local education agency in possession of an NMSAP assessment. D. Upon request, a person suspected of engaging in a testing irregularity shall be given as much access to an NMSAP assessment as is reasonably necessary to prepare for a pending meeting or hearing. The original or copy of any NMSAP assessment used as evidence at any meeting or hearing shall also be subject to confidentiality by all attendees and participants. E. With the permission of testing vendors, the department may choose to release select portions of standardized assessments for the purposes of training and professional development. Under no circumstance shall any part of a standardized test not previously released by the department be released by any unauthorized individual or organization. [6.10.7.13 NMAC - Rp, 6.10.7.13 NMAC, 10/16/2018] 6.10.7.14 CORRECTIVE MEASURES: After investigating suspected testing irregularities and confiscating any standardized test material it deems necessary to conclude its investigation, the PED may take any

Proposed Section 6.10.7 NMAC ATTACHMENT 1

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6.10.7 NMAC 10

combination of the following corrective measures: A. direct the district or a named individual to cease and desist engaging in a particular testing irregularity or the administration of further standardized tests during the current school year; B. confiscate any standardized test materials that jeopardizes the security of the standardized test; C. recommend any further action it deems reasonable and necessary to maintain test security; D. invalidate the standardized test results and inform the district that a specific standardized test or portion of a standardized test must be replaced with a re-administered similar or alternative form, or any affected student will not receive scores on portions or all of a standardized assessment; E. refer the matter for possible suspension or revocation of a person's educator or administrator licensure or other PED licensure pursuant to procedures set forth in the PED’s suspension/revocation rule; F. refer the matter to the accreditation team for appropriate action; G. take any other action authorized by state or federal law or regulation; H. modify school and district accountability determinations. [6.10.7.14 NMAC - N, 09/28/2001; A; 11/13/2009; A; 03/15/2012] 6.10.7.14 REPORTING STANDARDIZED TESTING IRREGULARITIES: To ensure the integrity of standardized tests and their results, the principles of test security shall be strictly followed. Accordingly, material violations of this rule or breaches of test security shall constitute good and just cause to suspend or revoke a person's department licensure. A. School personnel and volunteers shall report suspected testing irregularities to the DTC within 24 hours.

B. Districts and charters shall report by telephone or e-mail suspected testing irregularities to the department within three business days of being notified of a suspected testing irregularity. C. The DTC shall submit a testing irregularity reporting form within ten business days to the department assessment bureau that contains:

(1) the allegation(s); (2) the findings from a completed investigation at the local level; and (3) the corrective action taken, if any.

D. If a DTC is suspected of having engaged in a testing irregularity, the individual who discovers the irregularity shall notify the department assessment bureau by telephone or e-mail within three business days of learning of the suspected irregularity. E. Districts and charters shall cooperate with the department if further investigation or action is needed. [6.10.7.14 NMAC - Rp, 6.10.7.14 NMAC, 10/16/2018] 6.10.7.15 CORRECTIVE MEASURES FOR STANDARDIZED TESTING IRREGULARITIES: A. The department reserves the right to investigate suspected testing irregularities and confiscate any materials deemed necessary to conclude the investigation at their discretion. B. Any combination of the following corrective measures may be taken by the department: (1) direct the district or charter or a named individual to cease and desist engaging in a particular testing irregularity or the administration of further standardized tests during the current school year; (2) revoke access to standardized test materials to ensure test security; (3) recommend any further action it deems reasonable and necessary to maintain test security; (4) invalidate the standardized test results and inform the district or charter that the affected student will not receive scores on portions or all of a standardized assessment; (5) refer the matter for possible suspension or revocation of a person's educator or administrator licensure or other department licensure pursuant to procedures set forth in 6.68.3 NMAC; (6) refer the matter to other department divisions for appropriate action; (7) take any other action authorized by state or federal law or regulation; or (8) modify school, district, and charter accountability determinations. [6.10.7.15 NMAC - N, 10/16/2018] HISTORY OF 6.10.7 NMAC History of Repealed Material:

Proposed Section 6.10.7 NMAC ATTACHMENT 1

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6.10.7 NMAC 11

6.10.7 NMAC, Statewide Standardized Testing Security Issues and Irregularities, filed 9/28/2001 - Repealed effective 10/16/2018. Other History of 6.10.7 NMAC: 6.10.7 NMAC, Statewide Standardized Testing Security Issues and Irregularities, filed 9/28/2001, was repealed and replaced by 6.10.7 NMAC, Statewide Standardized Testing Security Issues and Irregularities, effective 10/16/2018.

Proposed Section 6.10.7 NMAC ATTACHMENT 1

15

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16

Page 17: Proposed Rule Abstract - New Mexico Legislature 092618 Item 7 A... · Testing Procedures and Requirements.” See Attachment 1, 6.10.7 NMAC, Standardized Testing Procedures and Requirements

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mai

ntai

nst

rict s

ecur

ity.

En

sure

all

trai

ning

is

adm

inis

tere

d pr

ior

toth

e sp

ring

and

fall

test

ad

min

istr

atio

nw

indo

ws.

En

sure

al

l pr

oced

ures

fo

r st

anda

rdiz

edte

stin

g co

mpl

y w

ith 6

.10

.7.1

2 N

MAC

. In

the

abse

nce

of w

ritte

n sc

hool

dis

tric

t or

cha

rter

scho

ol

polic

ies

that

in

clud

e th

ese

requ

irem

ents

, the

coo

rdin

ator

sha

ll de

velo

pch

eckl

ists

and

writ

ten

proc

edur

es to

ens

ure

com

plia

nce.

Pr

ovid

e tr

aini

ng

part

icip

ants

with

w

ritte

n co

pies

of

th

efo

llow

ing:

6

.10

.7

NM

AC

and

any

othe

r re

leva

nt s

tatu

te o

rre

gula

tion;

w

ritte

n sc

hool

dist

rict

or

char

ter

scho

olgu

idan

ce d

ocum

ents

; te

stin

gsc

hedu

les;

an

d te

stad

min

istr

atio

n m

anua

ls.

All

PED

tra

inin

gs a

re m

anda

tory

, bu

t la

ngua

ge

requ

iring

PE

D

to

hold

tr

aini

ng

wor

ksho

ps

sem

iann

ually

was

rem

oved

.

Vario

us s

peci

fic r

equi

rem

ents

of

stan

dard

ized

te

st a

dmin

istr

atio

n an

d se

curit

y w

ere

mov

ed t

o th

eir

own

sect

ion,

6.1

0.7

.12

NM

AC. I

nste

ad o

f lis

ting

thes

e as

spe

cific

req

uire

men

ts o

f sc

hool

di

stric

t and

cha

rter

sch

ool t

est c

oord

inat

ors,

the

prop

osed

ru

le

now

m

ore

appr

opria

tely

lis

ts

them

as

ge

nera

l st

anda

rdiz

ed

test

ing

requ

irem

ents

with

whi

ch a

ll in

divi

dual

s m

ust

com

ply.

ATTA

CHM

ENT

2

17

Page 18: Proposed Rule Abstract - New Mexico Legislature 092618 Item 7 A... · Testing Procedures and Requirements.” See Attachment 1, 6.10.7 NMAC, Standardized Testing Procedures and Requirements

Entit

y Cu

rren

t Res

pons

ibili

ties

New

Res

pons

ibili

ties

Elim

inat

ed R

espo

nsib

ilitie

s N

otes

Sc

hool

Te

st

Coor

dina

tors

6.1

0.7

.10

N

MAC

Sh

all b

e tr

aine

d by

sch

ool d

istr

ict o

r ch

arte

rsc

hool

test

coo

rdin

ator

.

Shal

l pr

ovid

e tr

aini

ng

for

all

scho

olpe

rson

nel

invo

lved

in

test

adm

inis

trat

ion,

prep

arat

ion,

and

sec

urity

unl

ess

the

scho

oldi

stric

t or

cha

rter

sch

ool t

est

adm

inis

trat

orpr

ovid

es th

e tr

aini

ng.

Sh

all

use

writ

ten

dist

rict

or c

hart

er s

choo

lpo

licie

s an

d ch

eckl

ists

to

im

plem

ent

6.1

0.7

.13

N

MAC

(N

ote:

th

is

is

likel

y an

inco

rrec

t ci

tatio

n, m

eant

to

refe

r to

6.1

0.7

.1

2

NM

AC

whi

ch

cont

ains

te

stin

gre

quire

men

ts).

Sc

hool

tes

t co

ordi

nato

rs a

re n

olo

nger

sp

ecifi

cally

re

quire

d to

impl

emen

t an

d ca

rry

out

test

mat

eria

l pr

epar

atio

n, h

andl

ing,

stor

age,

ad

min

istr

atio

n,

and

secu

re d

ispo

sal.

Bec

ause

sc

hool

te

st

coor

dina

tors

w

ill

be

resp

onsi

ble

for

follo

win

g w

ritte

n sc

hool

dis

tric

t an

d ch

arte

r sc

hool

pro

cedu

res,

the

elim

inat

ed

resp

onsi

bilit

ies

may

stil

l ap

ply

to s

choo

l te

st

coor

dina

tors

, de

pend

ing

on t

he s

choo

l di

stric

t or

cha

rter

sch

ool p

olic

y.

Test

Ad

min

istr

ator

s

6.1

0.7

.11

N

MAC

(pre

viou

sly

calle

d “S

taff

”)

Pr

ompt

ly r

epor

t te

stin

g irr

egul

ariti

es t

o th

esc

hool

di

stric

t or

ch

arte

r sc

hool

te

stco

ordi

nato

r as

soo

n as

they

are

aw

are.

R

evie

w

the

stan

dard

ized

te

stad

min

istr

ator

’s m

anua

l.

Use

te

st

proc

tors

in

th

e ha

ll to

ga

ther

mis

sing

su

pplie

s or

de

al

with

m

edic

alsi

tuat

ions

.

Adm

inis

ter

the

test

acc

ordi

ng t

o th

e te

stad

min

istr

ator

’s m

anua

l.

Adm

inis

ter

the

test

du

ring

the

test

adm

inis

trat

ion

win

dow

.

Ret

urn

the

stan

dard

ized

test

s to

the

scho

ol,

scho

ol

dist

rict,

or

char

ter

scho

ol

test

coor

dina

tor

afte

r tes

ting

each

day

.

Take

pro

mpt

, cor

rect

ive

actio

n if

a st

uden

t is

obse

rved

en

gagi

ng

in

any

proh

ibite

dco

nduc

t dur

ing

the

test

.

Te

st

adm

inis

trat

ors

no

long

erne

ed

to

“fam

iliar

ize

them

selv

es”

with

the

prin

cipl

esof

st

anda

rdiz

ed

test

se

curit

y.Tr

aini

ng s

hall

be p

rovi

ded

by th

e sc

hool

dis

tric

t or

cha

rter

sch

ool

test

coo

rdin

ator

or b

y th

e sc

hool

te

st c

oord

inat

or.

The

prop

osed

lan

guag

e el

imin

ated

a c

hain

of

com

man

d th

at

wou

ld

requ

ire

test

ad

min

istr

ator

s to

dire

ct q

uest

ions

firs

t to

the

sc

hool

di

stric

t or

ch

arte

r sc

hool

te

st

coor

dina

tor,

then

to

th

e as

sess

men

t an

d ev

alua

tion

unit

of P

ED.

Two

resp

onsi

bilit

ies

of t

est

adm

inis

trat

ors

wer

e pr

evio

usly

lis

ted

in a

sep

arat

e se

ctio

n. T

hey

wer

e m

oved

to

6.1

0.7

.11

NM

AC t

o im

prov

e cl

arity

.

ATTA

CHM

ENT

2

18

Page 19: Proposed Rule Abstract - New Mexico Legislature 092618 Item 7 A... · Testing Procedures and Requirements.” See Attachment 1, 6.10.7 NMAC, Standardized Testing Procedures and Requirements

Gen

eral

Reg

ulat

ions

Reg

ardi

ng S

tand

ardi

zed

Test

Adm

inis

trat

ion

unde

r Pro

pose

d 6

.10

.7 N

MAC

Reg

. Typ

e Cu

rren

t N

ew R

egul

atio

ns

Elim

inat

ed R

egul

atio

ns

Proc

edur

es

for

Stan

dard

ized

Te

stin

g

6.1

0.7

.12

NM

AC

St

anda

rdiz

ed t

ests

sha

ll be

cou

nted

, in

vent

orie

d, a

nd s

tore

d in

a s

ecur

e, l

ocke

d lo

catio

n w

ithlim

ited

acce

ss.

Sp

ace

perm

ittin

g, s

tand

ardi

zed

test

mat

eria

l sha

ll be

sto

red

in s

eale

d co

ntai

ners

in a

sec

ure

area

.

Stan

dard

ized

tes

t m

ater

ials

, as

dire

cted

by

the

depa

rtm

ent,

shal

l be

dis

pose

d of

by

eith

ersh

redd

ing

or re

turn

ing

such

mat

eria

ls to

the

test

ven

dor.

Ac

cess

to s

tand

ardi

zed

test

s sh

all b

e re

stric

ted,

lim

ited

and

cont

rolle

d.

Pe

rson

nel w

ith a

cces

s to

sta

ndar

dize

d te

sts

shal

l be

desi

gnat

ed b

y th

e su

perin

tend

ent o

r cha

rter

sc

hool

hea

d ad

min

istr

ator

.

The

rem

oval

of

stan

dard

ized

tes

t m

ater

ials

fro

m t

heir

secu

re lo

catio

n sh

all b

e re

cord

ed, l

istin

gth

e fo

llow

ing:

the

indi

vidu

al w

ho re

mov

ed th

e m

ater

ial,

the

nam

es a

nd ID

num

bers

of t

he s

tude

nts

who

se m

ater

ials

are

mat

eria

ls r

emov

ed, t

he n

umbe

r of

mat

eria

ls t

hat

wer

e re

mov

ed, t

he d

ate

they

wer

e re

mov

ed.

R

ecor

ds s

hall

be m

aint

aine

d fo

r fiv

e ye

ars

and

be m

ade

avai

labl

e fo

r re

view

by

PED

at

the

depa

rtm

ent’s

requ

est.

Li

cens

ed s

choo

l ins

truc

tors

, adm

inis

trat

ors,

and

inst

ruct

iona

l sup

port

pro

vide

rs s

hall

adm

inis

ter

stan

dard

ized

test

s.

Tr

aini

ng s

hall

be p

rovi

ded

to a

ll pe

rson

s w

ho a

dmin

iste

r or

pro

ctor

sta

ndar

dize

d te

sts.

Sig

n-in

form

s fo

r al

l tr

aini

ngs

shal

l be

mai

ntai

ned

as a

rec

ord

for

five

year

s to

ide

ntify

all

indi

vidu

als

cert

ified

to a

dmin

iste

r tes

ts.

R

ecor

ds d

etai

ling

the

rem

oval

of

stan

dard

ized

te

sts

mus

t do

cum

ent

whe

ther

st

anda

rdiz

ed

test

m

ater

ials

w

ere

take

n of

f sc

hool

gro

unds

an

d re

turn

ed.

Th

e ra

tio o

f te

st a

dmin

istr

ator

sto

stu

dent

s sh

all n

ot e

xcee

d 2

5st

uden

ts p

er te

st a

dmin

istr

ator

.

Test

pro

ctor

s sh

all

be u

sed

tosu

ppor

t te

st a

dmin

istr

ator

s in

gath

erin

g m

issi

ng s

uppl

ies

and

assi

stin

g w

ith

med

ical

si

tuat

ions

St

anda

rdiz

ed t

est

mat

eria

lno

t st

ored

in

a

seal

edco

ntai

ners

no

long

er n

eed

to b

e se

greg

ated

, w

rapp

edin

cle

ar o

r un

clea

r pa

per,

and

seal

ed

secu

rely

w

ithpa

ckin

g ta

pe.

Su

bstit

ute

teac

hers

,ed

ucat

iona

l as

sist

ants

, sc

hool

nur

ses,

and

ath

letic

co

ache

s sh

all

no

long

er

adm

inis

ter

stan

dard

ized

te

sts.

Proh

ibite

d Pr

actic

es

6.1

0.7

.12

NM

AC

The

follo

win

g pr

actic

es a

re p

rohi

bite

d:

Ch

angi

ng a

stu

dent

’s a

nsw

ers

or d

irect

ing

that

a s

tude

nt c

hang

e a

stan

dard

ized

test

ans

wer

;

Prov

idin

g st

uden

ts w

ith a

revi

ew o

f spe

cific

test

item

s, o

r tes

t ite

ms

with

min

or c

hang

es in

set

tings

or

num

bers

, ver

bal o

r writ

ten

rest

atem

ents

of t

est i

tem

s, s

peci

fic v

ocab

ular

y fr

om te

st d

irect

ions

or

item

s, o

r tes

t ans

wer

s;

D

iscu

ssin

g, p

hoto

copy

ing,

or r

epro

duci

ng a

ny p

ortio

n of

a te

st;

Af

ford

ing

any

stud

ent

addi

tiona

l tim

e to

com

plet

e a

timed

sub

test

, un

less

per

mitt

ed i

n th

est

uden

t’s s

peci

al a

ccom

mod

atio

ns;

R

eadi

ng s

tand

ardi

zed

test

ite

ms

alou

d to

stu

dent

s un

less

req

uire

d in

a s

tude

nt’s

spe

cial

acco

mm

odat

ions

;

Perm

ittin

g st

uden

ts to

hav

e on

or n

ear t

heir

desk

any

una

utho

rized

item

s, in

clud

ing

scra

p pa

per,

ta

blet

s, la

ptop

s, c

ell p

hone

s, c

amer

as, c

alcu

lato

rs, c

alcu

lato

r wat

ches

, and

rule

rs;

Pe

rmitt

ing

stud

ents

to

obse

rve

test

voc

abul

ary

wor

ds w

ith d

efin

ition

s, a

dditi

on o

r m

ultip

licat

ion

tabl

es, s

pelli

ng w

ords

, or s

imila

r as

sist

ance

mat

eria

l dur

ing

the

adm

inis

trat

ion

of th

e te

st;

Pe

rmitt

ing

stud

ents

to ta

lk, b

ecom

e di

srup

tive,

or

exch

ange

test

mat

eria

ls;

Pe

rmitt

ing

stud

ents

to b

egin

a s

ubte

st, l

eave

the

room

, and

retu

rn to

fini

sh th

e su

btes

t;

Perm

ittin

g st

uden

ts to

ent

er a

test

ing

room

aft

er th

e te

st h

as a

lread

y be

gun;

Pe

rmitt

ing

stan

dard

ized

test

ing

mat

eria

l to

rem

ain

unat

tend

ed in

an

unlo

cked

room

;

Taki

ng t

est

mat

eria

l off

cam

pus

unle

ss s

peci

fical

ly a

utho

rized

by

the

scho

ol d

istr

ict

or c

hart

ersc

hool

test

coo

rdin

ator

; and

D

ispl

ayin

g or

faili

ng to

con

ceal

vis

ual a

ids

that

may

ass

ist s

tude

nts

in th

e te

stin

g ro

om.

U

naut

horiz

ed it

ems

for s

tude

nts

to h

ave

on o

r ne

ar t

heir

desk

now

in

clud

e sm

art

wat

ches

,m

edia

pl

ayer

s,

head

phon

es,

and

back

pack

s.Th

e fo

llow

ing

prac

tices

are

now

pr

ohib

ited:

Adm

inis

terin

g a

stan

dard

ized

test

to

im

med

iate

fa

mily

mem

bers

or r

elat

ives

;

Teac

hing

fro

m,

poss

essi

ng,

ordi

ssem

inat

ing

a ph

otoc

opy

ofan

y po

rtio

n of

a te

st;

Co

pyin

g co

pyrig

hted

te

st

prep

arat

ion

mat

eria

ls

for

the

purp

ose

of d

istr

ibut

ion;

and

Coac

hing

or

ot

herw

ise

inap

prop

riate

ly

assi

stin

g w

ith

writ

ten

stud

ent a

nsw

ers.

ATTA

CHM

ENT

3

19

Page 20: Proposed Rule Abstract - New Mexico Legislature 092618 Item 7 A... · Testing Procedures and Requirements.” See Attachment 1, 6.10.7 NMAC, Standardized Testing Procedures and Requirements

Reg

. Typ

e Cu

rren

t N

ew R

egul

atio

ns

Elim

inat

ed R

egul

atio

ns

Rep

ortin

g Te

stin

g Irr

egul

ariti

es

6.1

0.7

.14

NM

AC

To

ens

ure

the

inte

grity

of

stan

dard

ized

tes

ts,

the

prin

cipl

es o

f te

st s

ecur

ity s

hall

be s

tric

tlyfo

llow

ed.

Viol

atio

ns o

f th

ese

regu

latio

ns s

hall

cons

titut

e go

od a

nd j

ust

caus

e to

sus

pend

or

revo

ke a

per

son’

s PE

D li

cens

ure.

Scho

ol d

istr

icts

and

cha

rter

sch

ools

sha

ll re

port

by

tele

phon

e or

em

ail

susp

ecte

d te

stin

girr

egul

ariti

es to

PED

with

in th

ree

busi

ness

day

s of

bei

ng n

otifi

ed o

f a s

uspe

cted

irre

gula

rity.

The

scho

ol d

istr

ict

or c

hart

er s

choo

l te

st c

oord

inat

or s

hall

subm

it a

repo

rt t

hat

cont

ains

the

alle

gatio

ns, t

he fi

ndin

gs o

f a lo

cal i

nves

tigat

ion,

and

cor

rect

ive

actio

n ta

ken,

if a

ny.

Sc

hool

dis

tric

ts a

nd c

hart

er s

choo

ls s

hall

coop

erat

e w

ith P

ED if

furt

her

inve

stig

atio

n or

act

ion

isne

eded

.

Sc

hool

pe

rson

nel

and

volu

ntee

rs

shal

l re

port

su

spec

ted

test

ing

irreg

ular

ities

w

ithin

2

4

hour

s (p

revi

ousl

y,

irreg

ular

ities

ne

eded

to

be

re

port

ed “

prom

ptly

”).

In

divi

dual

s w

ho s

uspe

ct s

choo

ldi

stric

t or

cha

rter

sch

ool

test

coor

dina

tor

of h

avin

g en

gage

din

a

test

ing

irreg

ular

ity

shal

lno

tify

PED

with

in t

hree

day

s of

lear

ning

of t

he ir

regu

larit

y.

Corr

ectiv

e M

easu

res

for

Test

ing

Irreg

ular

ities

6.1

0.7

.15

NM

AC

PE

D r

eser

ves

the

right

to

inve

stig

ate

test

ing

irreg

ular

ities

and

con

fisca

te a

ny m

ater

ials

dee

med

nece

ssar

y to

con

clud

e th

e in

vest

igat

ion.

PE

D m

ay ta

ke a

com

bina

tion

of a

ny o

f the

follo

win

g co

rrec

tive

mea

sure

s:

D

irect

the

scho

ol d

istr

ict o

r cha

rter

sch

ool o

r a n

amed

indi

vidu

al to

cea

se a

nd d

esis

t eng

agin

g in

a

part

icul

ar ir

regu

larit

y or

furt

her

test

ing

durin

g th

e cu

rren

t sch

ool y

ear;

Rev

oke

acce

ss to

sta

ndar

dize

d te

st m

ater

ials

to e

nsur

e te

st s

ecur

ity;

R

ecom

men

d fu

rthe

r act

ion

PED

dee

ms

reas

onab

le a

nd n

eces

sary

to m

aint

ain

test

sec

urity

;

Inva

lidat

e th

e st

anda

rdiz

ed t

est

resu

lts a

nd in

form

the

sch

ool d

istr

ict

or c

hart

er s

choo

l tha

t th

eaf

fect

ed s

tude

nt w

ill n

ot re

ceiv

e sc

ores

on

port

ions

or a

ll of

a s

tand

ardi

zed

asse

ssm

ent;

R

efer

the

mat

ter

for

poss

ible

sus

pens

ion

or r

evoc

atio

n of

a p

erso

n’s

licen

sure

pur

suan

t to

proc

edur

es s

et fo

rth

in 6

.68

.3 N

MAC

;

Ref

er th

e m

atte

r to

othe

r de

part

men

t div

isio

ns fo

r app

ropr

iate

act

ion;

Ta

ke a

ny o

ther

act

ion

auth

oriz

ed b

y st

ate

or fe

dera

l law

or r

egul

atio

n; o

r

Mod

ify s

choo

l, sc

hool

dis

tric

t, an

d ch

arte

r sch

ool a

ccou

ntab

ility

det

erm

inat

ions

.

St

uden

ts w

hose

test

res

ults

are

inva

lidat

ed a

s th

e re

sult

of a

tes

ting

irreg

ular

ity w

illno

lon

ger

be a

ble

to h

ave

the

test

rea

dmin

iste

red

in a

sim

ilar f

orm

.

Adm

inis

trat

ive

actio

n is

no

long

er

the

sole

re

spon

sibi

lity

of

the

PED

ac

cred

itatio

n te

am.

ATTA

CHM

ENT

3

20