Penalties for Violating Security and Confidentiality of Assessments

TAC §101.3031 states that any violation of test security or confidential integrity may result in TEA taking the following actions:

• invalidating student test results;

• referring certified educators to the State Board for Educator Certification (SBEC) for sanctions in accordance with TAC §247, Educators’ Code of Ethics, and TAC §249, Disciplinary Proceedings, Sanctions, and Contested Cases; and

• lowering the school district’s or charter school’s accreditation status or a school district’s, charter school’s, or campus’s accountability rating in accordance with TEC §39.003 or appointment of a monitor, conservator, or management team to the school district or charter school in accordance with TEC Chapter 39A.

In addition, TAC §249.15 stipulates that although charter school test administrators are not required to be certified, any irregularity during the administration of any assessment required by TEC Chapter 39, Subchapter B, would cause the charter itself to come under review by the commissioner of education for possible sanctions or revocation, as provided under TEC §12.115.

As indicated in TAC §249.15, any person who violates, assists in the violation of, or solicits another to violate or assist in the violation of test security or confidentiality, as well as any person who fails to report such a violation or fails to cooperate with a TEA investigation, is subject to the following penalties:

• placement of restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term;

• issuance of an inscribed or non-inscribed reprimand;

• suspension of a certificate for a set term or issuance of a probated suspension for a set term;

• revocation or cancellation of a certificate, which includes accepting the surrender of a certificate, without opportunity for reapplication for a set term or permanently; or

• imposition of any additional conditions or restrictions on a certificate that the SBEC deems necessary to facilitate the rehabilitation and professional development of the educator or to protect students, parents of students, school personnel, or school officials.

Specifically, TAC §249.17 indicates a mandatory minimum sanction of a one-year suspension of the certificate for an educator who is found guilty of intentionally manipulating the results or violating the security or confidentiality of any statewide assessment.

As stated in TEC §39.0303, Secure Assessment Instruments, Criminal Penalty, a person commits an offense if:

• the person intentionally discloses the contents of any portion of a secure assessment instrument developed or administered under this subchapter, including the answer to any question in the assessment instrument; and

• the disclosure affects or is likely to affect the individual performance of one or more students on the assessment instrument.

An offense under this section is a Class C misdemeanor.