Current through Reg. 50, No. 187; September 24, 2024
(1) Tests implemented in accordance with the
requirements of Sections
1003.52,
1003.56,
1007.25,
1007.35,
1008.22,
1008.25,
1008.30,
1012.55 and
1012.56, F.S., shall be
maintained and administered in a secure manner such that the integrity of the
tests shall be preserved.
(a) Test questions
shall be preserved in a secure manner by individuals who are developing and
validating the tests. Such individuals shall not reveal in any manner, verbally
or in writing, the test questions under development.
(b) Tests or individual test questions shall
not be revealed, copied, or otherwise reproduced by persons who are involved in
the administration, proctoring, or scoring of any test.
(c) Examinees shall not be assisted in
answering test questions by any means by persons administering or proctoring
the administration of any test.
(d)
Examinees' answers to questions shall not be interfered with in any way by
persons administering, proctoring, or scoring the examinations.
(e) Examinees shall not be given answers to
items by any person.
(f) Persons
who are involved in administering or proctoring the tests or persons who teach
or otherwise prepare examinees for the tests, whether they be associated with a
school district or educational institution under Section
1003.49, F.S., shall not
participate in, direct, aid, counsel, assist in, or encourage any activity
which could result in the inaccurate measurement or reporting of the examinees'
achievement.
(g) Each person who
has access to tests or test questions during the development, printing,
administration, or scoring of the tests shall be informed of specifications for
maintaining test security, the provisions in statute and rule governing test
security, and a description of the penalties for breaches of test
security.
(h) During each test
administration, school district, charter school sponsor, and institutional test
administration coordinators and contractors employing test administrators and
proctors shall ensure that required testing procedures are being followed at
all test administration sites. Officials from the Department are authorized to
conduct unannounced observations of test administration procedures at any test
administration site to ensure that testing procedures are being correctly
followed.
(i) In accordance with
Section 1008.24, F.S., a school district
may use district employees, such as education paraprofessionals as described in
Section 1012.37, F.S.; a licensed,
certified instructor; or an education services officer test administrator as
described in Section 1008.213(2),
F.S., to administer and proctor statewide, standardized assessments required
under Section 1008.22, F.S. All test
administrators and proctors for the statewide assessments administered pursuant
to Rule 6A-1.09422, F.A.C., must
complete training requirements outlined in Training Requirements for
Administering and Proctoring the Statewide Assessments, 2023, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16042)
incorporated herein by reference. A copy may be obtained by contacting the
Division of Accountability, Research and Measurement, Department of Education,
325 West Gaines Street, Tallahassee, Florida 32399-0400.
(2) Test materials, in computer-based or
paper-based formats, including all test booklets and other materials containing
secure test questions, answer keys, and examinee responses, shall be kept
secure and precisely accounted for in accordance with the procedures specified
in the test administration manuals and other communications provided by the
Department. Such procedures shall include but are not limited to the following:
(a) All test materials shall be kept in
secure, locked storage prior to and after administration of any test.
(b) All test materials shall be precisely
accounted for and written documentation kept by test administrators and
proctors for each point at which test materials are distributed and
returned.
(c) Any discrepancies
noted in the number or serial numbers of testing materials received from
contractors shall be reported to the Department by designated institutional or
school district personnel prior to the administration of the test.
(d) In the event that test materials are
determined to be missing while in the possession of an institution or school
district, designated institutional or school district personnel shall
investigate the cause of the discrepancy and provide the Department with a
report of the investigation within thirty (30) calendar days of the initiation
of the investigation. At a minimum, the report shall include the nature of the
situation, the time and place of occurrence, and the names of the persons
involved in or witness to the occurrence. Officials from the Department are
authorized to conduct additional investigations.
(e) In those cases where the responsibility
for secure destruction of certain test materials is assigned by the Department
to designated institutional or school district personnel, the responsible
institutional or school district representative shall certify in writing that
such destruction was accomplished in a secure manner.
(f) In those cases where test materials are
permitted by the Department to be maintained in an institution or school
district, the test materials shall be maintained in a secure manner as
specified in the instructions provided by the Department. Access to the
materials shall be limited to the individuals and purposes specified by the
Department.
(g) Materials for
computer-based testing must be kept in a secure manner. Such materials include
but are not limited to test tickets, ancillaries, and scratch paper or planning
sheets.
(3) In those
situations where an employee of the educational institution, school district,
contractor, or an education services officer, or an employee of the Department
suspects an examinee of cheating on a test or suspects other violations of the
provisions of this rule, a report shall be made to the department or test
support contractor, as specified in the test administration procedures, within
ten (10) calendar days. The report shall include a description of the incident,
the names of the persons involved in or witness to the incident, and other
information as appropriate. Officials from the Department are authorized to
conduct additional investigations.
(4) Violations of test security provisions
shall be subject to penalties provided in statute and State Board
Rules.
(5) School districts and
public educational institutions, may contract with third-party contractors to
administer and proctor statewide standardized assessments required under
Section 1008.22, F.S., or assessments
associated with Florida approved courses under Section
1003.499, F.S.
(a) School districts and educational
institutions must require the contractor to provide a safe and comfortable
facility that does not interfere with an examinee's ability to demonstrate
mastery on the tests.
(b) School
district or educational institution use of third-party contractors (including
contracted affiliates, such as franchises) shall not relieve the district or
institution of its obligation to provide access to statewide testing for
Florida Virtual School or virtual charter school students pursuant to Sections
1002.33(20),
1002.37 and
1002.45(6)(b),
F.S.
(c) The contractor must adhere
to all test administration and security protocols as prescribed by the
Department pursuant to Section
120.81(1)(c),
F.S., and shall be subject to all provisions of this rule.
(d) The contractor must not collect nor
maintain any examinee's personally-identifiable information beyond that
required for test administration.
(e) All technology used to administer
computer-based tests must meet assessment technology guidelines and online test
security requirements as prescribed by the Department pursuant to Section
120.81(1)(c),
F.S.
(6)
(a) A Florida Virtual School full-time
student of a military family residing outside of Florida who is prevented by
his or her parent's or guardian's out-of-state military duty station's location
from participating in statewide assessment in Florida must be offered
flexibility with respect to remote administration of the statewide,
standardized assessments set forth in Section
1008.22(3)(a), (b), and
(d), F.S. In order to grant this flexibility,
the student's parent or guardian must submit to Florida Virtual School a
written request for flexibility in the assessment administration(s) no later
than ninety (90) days before the current school year's assessment
administration(s) for which the request is made. The request must include
written, official documentation of the family's current out-of-state military
duty stationing.
(b) As soon as
practicable upon receipt of the parent or guardian's request, Florida Virtual
School must verify the student's parent or guardian's military stationing
through documentation of official orders issued by the military and submit to
the Department a recommendation of approval or denial of the request. The
recommendation must be submitted in a secure manner as directed by the
Department and must contain the following information:
1. Student name, date of birth, and Florida
Education Identifier (FLEID) Number;
2. Subject test(s) to be
administered;
3. Proposed date(s)
of the administration(s);
4.
Description of the secure location where testing will take place;
5. Name and position of the test
administrator who will give the assessment;
6. Details of when training for the test
administrator will or has taken place; and
7. Confirmation by Florida Virtual School of
military order.
(c)
Within fourteen (14) days of Florida Virtual School's recommendation, the
Department must verify the documented information from the Florida Virtual
School and notify Florida Virtual School of the grant or denial of the
request.
(d) Upon receipt of the
Department's determination, Florida Virtual School must notify the parent or
guardian whether the request is granted or denied.
(e) If the request is granted, the
assessment(s) must be administered securely as set forth in this rule, at the
student's parent or guardian's current military duty station in accordance with
Sections 1008.213 and
1008.22, F.S. The assessment(s)
must be administered by a licensed, certified instructor or an education
services officer test administrator who meets the criteria specified in Section
1008.24(3)(a),
F.S. Florida Virtual School is responsible for the following:
1. Ensuring that the test administration
takes place in a secure location, with a device that has the secure browser
installed;
2. Training the test
administrator according to the requirements listed in paragraph
(1)(i);
3. Providing or securing
the testing device and a device for the test administrator to use during
testing;
4. Ensuring that the
testing device is prepared according to the contractor's technical
specifications;
5. Overseeing the
administration, including providing any needed test materials, as outlined in
the test administration manual; and
6. Collecting required administration
information, as outlined in the test administration
manual.
Rulemaking Authority
1001.02,
1003.49,
1008.23,
1008.24 FS. Law Implemented
1003.49,
1008.213,
1008.22,
1008.23,
1008.24
FS.
New 7-5-87, Amended 10-26-94, 11-3-13, 1-7-16, 3-15-22,
11-21-23.