Current through Register Vol. 50, No. 3, March 20, 2024
A. A Louisiana educator credential may be
sanctioned if the educator holding the credential has been found by the LDE or
other governing authority to have participated in cheating as defined in §1903
of this Chapter.
B. When the LDE
has determined an educator has been found to have participated in cheating, the
following process will take place.
1.
Department staff will attempt to contact and inform the educator that the LDE
has information regarding participation in cheating and is proceeding under
this section to sanction the credential.
2. The educator will be notified that the
certificate may be sanctioned unless the educator can provide documentation to
refute having been found to have participated in cheating. This opportunity for
response is intended as a check against mistaken identity or other incorrect
information.
3. The educator will
have 10 days to respond to LDE communication, after which sanction of the
credential will proceed, as will all other steps in accordance with this
Section.
4. If the department
determines that an educator was found to have participated in cheating, the
credential will be considered for sanction by BESE. The educator and employing
school system, if applicable, will be notified that the teacher or
administrator credential is pending official board action in accordance with
sanction proceedings.
5. If the
department subsequently determines that the educator did not participate in
cheating, such action will be communicated to the board through documentation
provided by the department. The board may receive such information and may
order reinstatement of the certificate.
6. Individuals who do not hold a Louisiana
educator credential and have been found to have participated in cheating in the
administration of standardized tests, will be reported to the National
Association of State Directors of Teacher Education and Certification (NASDTEC)
Clearinghouse by the LDE. Such individuals will be notified in accordance with
this Section.
7. If the
investigation concludes no findings of participating in cheating and the board
has taken no formal action to sanction the educator credential, the department
is authorized to cease sanction proceedings.
C. Upon determination of a test irregularity
and test security violation of cheating reported by an LEA, the following
documentation will be presented to BESE for consideration of educator
credential sanction:
1. LEA documentation:
a. proof of test administration professional
development/training;
b. signed and
dated oath of security;
c. district
testing coordinator investigation report and plan submitted to LDE within 30
days of incident;
d. void form (if
applicable); and
e. status of
employment or disciplinary action.
2. LDE documentation:
a. LDE investigation summary;
b. LDE written letter to educator;
and
c. educator response, or lack
thereof, to determination of cheating.
D. Upon determination of a test security
violation of cheating discovered during the scoring process, the following
information will be presented to BESE for consideration of educator credential
sanction:
1. LDE documentation:
a. scoring contractor notice to LDE and
summary of findings;
b. summary
report of review of suspected documents resulting in voided test items or
scores; and
c. written notice to
LEA superintendent, district testing coordinator, and educator of
results;
2. LEA
documentation:
a. proof of test administration
professional development/training;
b. signed and dated oath of security;
and
c. educator response, or lack
thereof, to determination of cheating.
E. Educator credential sanctions that may be
imposed by BESE include:
1.
reprimand-formal warning noted on educator credential
history;
2.
monitored-educator will not be issued test code and may not
administer state assessments for a prescribed period of time from one to five
years, but credential is otherwise valid as issued;
3. suspension of credential for a prescribed
period of time from one to five years; and
4. revocation of credential with
consideration for records review after five years.
F. Educators whose professional records from
another state include findings of cheating may be processed and sanctioned in
accordance with this Section.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:6(A)(10), (11), and (15),
17:7(6),
17:10,
17:22(6),
17:391.1391.10, and
17:411.
