{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-19.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-19.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-19.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-19.1.html"}],"law_id":54324,"edition_id":1,"section_id":54324,"structure_id":12867,"section_number":"22.1-19.1","catch_line":"Action for violations related to secure mandatory tests","history":"2000, cc. 634, 659; 2004, cc. 939, 955; 2006, cc. 25, 95; 2011, c. 248.","full_text":"A\n\nThe Office of the Attorney General, on behalf of the Board of Education, may bring a cause of action in the circuit court having jurisdiction where the person resides or where the act occurred for injunctive relief, civil penalty, or both, against any person who knowingly and willfully commits any of the following acts related to secure mandatory tests required by the Board to be administered to students:1\n\nPermitting unauthorized access to secure test questions prior to testing;2\n\nCopying or reproducing all or any portion of any secure test booklet;3\n\nDivulging the contents of any portion of a secure test;4\n\nAltering test materials or examinees’ responses in any way;5\n\nCreating or making available answer keys to secure tests;6\n\nMaking a false certification on the test security form established by the Department of Education;7\n\nExcluding students from testing who are required to be assessed; or8\n\nParticipating in, directing, aiding or abetting, or assisting in any of the acts prohibited in this section.\n\t\t\t\tFor the purpose of this subsection, “secure” means an item, question, or test that has not been made publicly available by the Department of Education.B\n\nNothing in this section may be construed to prohibit or restrict the reasonable and necessary actions of the Board of Education, Superintendent of Public Instruction or the Department of Education or their agents or employees engaged in test development or selection, test form construction, standard setting, test scoring, reporting test scores, or any other related activities which, in the judgment of the Superintendent of Public Instruction or Board of Education, are necessary and appropriate.C\n\nAny person who violates any provisions of this section may be assessed a civil penalty not to exceed $1,000 for each violation. Furthermore, any person whose administrative or teaching license has been suspended or revoked pursuant to § 22.1-292.1 may be assessed a civil penalty for the same violation under this section and the reasonable costs of any review or investigation of a violation of test security.\n\t\t\tAll civil penalties paid to the Commonwealth pursuant to this section shall be deposited into the Literary Fund.D\n\nFor the purpose of this section, “person” shall not mean a student enrolled in a public school.","order_by":null,"text":{"0":{"id":199440,"text":"The Office of the Attorney General, on behalf of the Board of Education, may bring a cause of action in the circuit court having jurisdiction where the person resides or where the act occurred for injunctive relief, civil penalty, or both, against any person who knowingly and willfully commits any of the following acts related to secure mandatory tests required by the Board to be administered to students:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":199441,"text":"Permitting unauthorized access to secure test questions prior to testing;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":199442,"text":"Copying or reproducing all or any portion of any secure test booklet;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":199443,"text":"Divulging the contents of any portion of a secure test;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":199444,"text":"Altering test materials or examinees’ responses in any way;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":199445,"text":"Creating or making available answer keys to secure tests;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":199446,"text":"Making a false certification on the test security form established by the Department of Education;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":199447,"text":"Excluding students from testing who are required to be assessed; or","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":199448,"text":"Participating in, directing, aiding or abetting, or assisting in any of the acts prohibited in this section.\n\t\t\t\tFor the purpose of this subsection, “secure” means an item, question, or test that has not been made publicly available by the Department of Education.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":199449,"text":"Nothing in this section may be construed to prohibit or restrict the reasonable and necessary actions of the Board of Education, Superintendent of Public Instruction or the Department of Education or their agents or employees engaged in test development or selection, test form construction, standard setting, test scoring, reporting test scores, or any other related activities which, in the judgment of the Superintendent of Public Instruction or Board of Education, are necessary and appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8","next_prefix":"C"},"10":{"id":199450,"text":"Any person who violates any provisions of this section may be assessed a civil penalty not to exceed $1,000 for each violation. Furthermore, any person whose administrative or teaching license has been suspended or revoked pursuant to § 22.1-292.1 may be assessed a civil penalty for the same violation under this section and the reasonable costs of any review or investigation of a violation of test security.\n\t\t\tAll civil penalties paid to the Commonwealth pursuant to this section shall be deposited into the Literary Fund.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"11":{"id":199451,"text":"For the purpose of this section, “person” shall not mean a student enrolled in a public school.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12867,"edition_id":1,"name":"Board of Education","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":183357,"object_type":"structure","relational_id":12867,"identifier":"2","token":"22.1\/2","url":"\/22.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73199,"structure_id":12867,"section_number":"22.1-10","catch_line":"President","url":"\/22.1-10\/","token":"22.1\/2\/22.1-10","metadata":false},{"id":55359,"structure_id":12867,"section_number":"22.1-11","catch_line":"Quorum","url":"\/22.1-11\/","token":"22.1\/2\/22.1-11","metadata":false},{"id":86175,"structure_id":12867,"section_number":"22.1-12","catch_line":"Oath of office","url":"\/22.1-12\/","token":"22.1\/2\/22.1-12","metadata":false},{"id":56563,"structure_id":12867,"section_number":"22.1-13","catch_line":"Meetings","url":"\/22.1-13\/","token":"22.1\/2\/22.1-13","metadata":false},{"id":69401,"structure_id":12867,"section_number":"22.1-14","catch_line":"Minutes","url":"\/22.1-14\/","token":"22.1\/2\/22.1-14","metadata":false},{"id":57494,"structure_id":12867,"section_number":"22.1-15","catch_line":"Repealed","url":"\/22.1-15\/","token":"22.1\/2\/22.1-15","metadata":false},{"id":73348,"structure_id":12867,"section_number":"22.1-16","catch_line":"Bylaws and regulations generally","url":"\/22.1-16\/","token":"22.1\/2\/22.1-16","metadata":false},{"id":73577,"structure_id":12867,"section_number":"22.1-16.1","catch_line":"Board to establish regulations regarding human research","url":"\/22.1-16.1\/","token":"22.1\/2\/22.1-16.1","metadata":false},{"id":83748,"structure_id":12867,"section_number":"22.1-16.2","catch_line":"Repealed","url":"\/22.1-16.2\/","token":"22.1\/2\/22.1-16.2","metadata":false},{"id":76928,"structure_id":12867,"section_number":"22.1-16.3","catch_line":"Cooperation with other state agencies regarding students placed in group homes or residential facilities having educational programs","url":"\/22.1-16.3\/","token":"22.1\/2\/22.1-16.3","metadata":false},{"id":62480,"structure_id":12867,"section_number":"22.1-16.4","catch_line":"Nutrition and physical activity best practices database","url":"\/22.1-16.4\/","token":"22.1\/2\/22.1-16.4","metadata":false},{"id":54000,"structure_id":12867,"section_number":"22.1-16.5","catch_line":"Training materials on human trafficking","url":"\/22.1-16.5\/","token":"22.1\/2\/22.1-16.5","metadata":false},{"id":82988,"structure_id":12867,"section_number":"22.1-16.6","catch_line":"Guidelines for alternatives to suspension","url":"\/22.1-16.6\/","token":"22.1\/2\/22.1-16.6","metadata":false},{"id":58060,"structure_id":12867,"section_number":"22.1-16.7","catch_line":"Regulations regarding endorsement to teach military science","url":"\/22.1-16.7\/","token":"22.1\/2\/22.1-16.7","metadata":false},{"id":72193,"structure_id":12867,"section_number":"22.1-16.8","catch_line":"Instructional material; sexually explicit content; parental notification","url":"\/22.1-16.8\/","token":"22.1\/2\/22.1-16.8","metadata":false},{"id":56745,"structure_id":12867,"section_number":"22.1-17","catch_line":"Statements concerning regulations","url":"\/22.1-17\/","token":"22.1\/2\/22.1-17","metadata":false},{"id":72745,"structure_id":12867,"section_number":"22.1-17.01","catch_line":"Definition of \"intervener.\"","url":"\/22.1-17.01\/","token":"22.1\/2\/22.1-17.01","metadata":false},{"id":72127,"structure_id":12867,"section_number":"22.1-17.02","catch_line":"Definition of \"student with limited or interrupted formal education\"","url":"\/22.1-17.02\/","token":"22.1\/2\/22.1-17.02","metadata":false},{"id":78066,"structure_id":12867,"section_number":"22.1-17.1","catch_line":"Regulations for reenrollment","url":"\/22.1-17.1\/","token":"22.1\/2\/22.1-17.1","metadata":false},{"id":76624,"structure_id":12867,"section_number":"22.1-17.2","catch_line":"Nursing education programs","url":"\/22.1-17.2\/","token":"22.1\/2\/22.1-17.2","metadata":false},{"id":66312,"structure_id":12867,"section_number":"22.1-17.3","catch_line":"Identification of student internship programs","url":"\/22.1-17.3\/","token":"22.1\/2\/22.1-17.3","metadata":false},{"id":71234,"structure_id":12867,"section_number":"22.1-17.4","catch_line":"Certain honorary diplomas to be issued under specific circumstances","url":"\/22.1-17.4\/","token":"22.1\/2\/22.1-17.4","metadata":false},{"id":75011,"structure_id":12867,"section_number":"22.1-17.5","catch_line":"Public notice and comment regarding certain resource guides","url":"\/22.1-17.5\/","token":"22.1\/2\/22.1-17.5","metadata":false},{"id":77090,"structure_id":12867,"section_number":"22.1-17.6","catch_line":"Public elementary and secondary schools and local school divisions; information and forms","url":"\/22.1-17.6\/","token":"22.1\/2\/22.1-17.6","metadata":false},{"id":74074,"structure_id":12867,"section_number":"22.1-17.7","catch_line":"Social-emotional learning guidance standards","url":"\/22.1-17.7\/","token":"22.1\/2\/22.1-17.7","metadata":false},{"id":76921,"structure_id":12867,"section_number":"22.1-18","catch_line":"Report on education and standards of quality for school divisions; when submitted and effective","url":"\/22.1-18\/","token":"22.1\/2\/22.1-18","metadata":false},{"id":83299,"structure_id":12867,"section_number":"22.1-18.01","catch_line":"Biennial review of the standards of quality required; budget estimates","url":"\/22.1-18.01\/","token":"22.1\/2\/22.1-18.01","metadata":false},{"id":56475,"structure_id":12867,"section_number":"22.1-18.1","catch_line":"Annual report on gifted education required; local advisory committee on gifted education","url":"\/22.1-18.1\/","token":"22.1\/2\/22.1-18.1","metadata":false},{"id":55423,"structure_id":12867,"section_number":"22.1-19","catch_line":"Accreditation of elementary, middle, and high schools; nursery schools; recognition of certain organizations; child day center regulation","url":"\/22.1-19\/","token":"22.1\/2\/22.1-19","metadata":false},{"id":54324,"structure_id":12867,"section_number":"22.1-19.1","catch_line":"Action for violations related to secure mandatory tests","url":"\/22.1-19.1\/","token":"22.1\/2\/22.1-19.1","metadata":false},{"id":67618,"structure_id":12867,"section_number":"22.1-20","catch_line":"Retention of pupil personnel records","url":"\/22.1-20\/","token":"22.1\/2\/22.1-20","metadata":false},{"id":56082,"structure_id":12867,"section_number":"22.1-20.1","catch_line":"Powers and duties of the Board related to public broadcasting stations; disbursement of funds","url":"\/22.1-20.1\/","token":"22.1\/2\/22.1-20.1","metadata":false},{"id":81441,"structure_id":12867,"section_number":"22.1-20.2","catch_line":"Student data security","url":"\/22.1-20.2\/","token":"22.1\/2\/22.1-20.2","metadata":false},{"id":54657,"structure_id":12867,"section_number":"22.1-20.3","catch_line":"Granting easements across lands of certain schools and institutions","url":"\/22.1-20.3\/","token":"22.1\/2\/22.1-20.3","metadata":false},{"id":68260,"structure_id":12867,"section_number":"22.1-20.4","catch_line":"Alternative assessments for students who are English language learners","url":"\/22.1-20.4\/","token":"22.1\/2\/22.1-20.4","metadata":false},{"id":70758,"structure_id":12867,"section_number":"22.1-8","catch_line":"General supervision vested in Board","url":"\/22.1-8\/","token":"22.1\/2\/22.1-8","metadata":false},{"id":67749,"structure_id":12867,"section_number":"22.1-9","catch_line":"Appointment, terms, and vacancies","url":"\/22.1-9\/","token":"22.1\/2\/22.1-9","metadata":false},{"id":76553,"structure_id":12867,"section_number":"22.1-9.1","catch_line":"Student Advisory Board established","url":"\/22.1-9.1\/","token":"22.1\/2\/22.1-9.1","metadata":false}],"previous_section":{"id":55423,"structure_id":12867,"section_number":"22.1-19","catch_line":"Accreditation of elementary, middle, and high schools; nursery schools; recognition of certain organizations; child day center regulation","url":"\/22.1-19\/","token":"22.1\/2\/22.1-19","metadata":false},"next_section":{"id":67618,"structure_id":12867,"section_number":"22.1-20","catch_line":"Retention of pupil personnel records","url":"\/22.1-20\/","token":"22.1\/2\/22.1-20","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-19.1\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 634<\/a> and 659<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2004, chapters 939<\/a> and 955<\/a>; in 2006, chapters 25<\/a> and 95<\/a>; in 2011, chapter 248<\/a>.<\/p>","references":[{"id":65986,"section_number":"22.1-253.13:3","catch_line":"(Effective July 1, 2026) Standard 3. Accreditation, other standards, assessments, and releases from state regulations","order_by":null,"url":"\/22.1-253.13_3\/"},{"id":85044,"section_number":"22.1-298.8","catch_line":"Public elementary and secondary school teachers; certain training activities; requirements and limitations; index","order_by":null,"url":"\/22.1-298.8\/"}],"refers_to":[{"id":69328,"section_number":"22.1-292.1","catch_line":"Violations related to secure mandatory tests","order_by":null,"url":"\/22.1-292.1\/"}],"permalink":{"id":183475,"object_type":"law","relational_id":54324,"identifier":"22.1-19.1","token":"22.1\/2\/22.1-19.1","url":"\/22.1-19.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-19.1\/","token":"22.1\/2\/22.1-19.1","dublin_core":{"Title":"Action for violations related to secure mandatory tests","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-19.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Office of the Attorney General<\/span>, on behalf of the Board<\/span> of Education, may bring a cause of action<\/span> in the circuit<\/span> court<\/span> having jurisdiction<\/span> where the person<\/span> resides or where the act occurred for injunctive relief, civil penalty<\/span>, or both, against any person<\/span> who knowingly and willfully commits any of the following acts related to secure<\/span> mandatory tests required by the Board<\/span> to be administered to students: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Permitting unauthorized access to secure<\/span> test questions prior to testing; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Copying or reproducing all or any portion of any secure<\/span> test booklet; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Divulging the contents of any portion of a secure<\/span> test; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Altering test materials<\/span> or examinees’ responses in any way; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Creating or making available answer keys to secure<\/span> tests; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Making a false certification on the test security form established by the Department<\/span> of Education; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Excluding students from testing who are required to be assessed; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Participating in, directing, aiding or abetting, or assisting in any of the acts prohibited in this section.\n\t\t\t\tFor the purpose of this subsection, “secure<\/span>” means an item, question, or test that has not been made publicly available by the Department<\/span> of Education. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing in this section may be construed to prohibit or restrict the reasonable and necessary actions of the Board<\/span> of Education, Superintendent<\/span> of Public Instruction or the Department<\/span> of Education or their agents or employees engaged in test development or selection, test form construction, standard setting, test scoring, reporting test scores, or any other related activities which, in the judgment<\/span> of the Superintendent<\/span> of Public Instruction or Board<\/span> of Education, are necessary and appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person<\/span> who violates any provisions of this section may be assessed a civil penalty<\/span> not to exceed $1,000 for each violation. Furthermore, any person<\/span> whose administrative or teaching license has been suspended or revoked pursuant to § 22.1-292.1<\/a> may be assessed a civil penalty<\/span> for the same violation under this section and the reasonable costs of any review or investigation of a violation of test security.\n\t\t\tAll civil penalties paid to the Commonwealth pursuant to this section shall be deposited into the Literary Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purpose of this section, “person<\/span>” shall not mean a student enrolled in a public school. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTION FOR VIOLATIONS RELATED TO SECURE MANDATORY TESTS (\u00a7 22.1-19.1)\n\nA. The Office of the Attorney General, on behalf of the Board of Education, may\nbring a cause of action in the circuit court having jurisdiction where the\nperson resides or where the act occurred for injunctive relief, civil penalty,\nor both, against any person who knowingly and willfully commits any of the\nfollowing acts related to secure mandatory tests required by the Board to be\nadministered to students:\n\n 1. Permitting unauthorized access to secure test questions prior to testing;\n\n 2. Copying or reproducing all or any portion of any secure test booklet;\n\n 3. Divulging the contents of any portion of a secure test;\n\n 4. Altering test materials or examinees’ responses in any way;\n\n 5. Creating or making available answer keys to secure tests;\n\n 6. Making a false certification on the test security form established by the\n Department of Education;\n\n 7. Excluding students from testing who are required to be assessed; or\n\n 8. Participating in, directing, aiding or abetting, or assisting in any of the\n acts prohibited in this section.\n \t\t\t\tFor the purpose of this subsection, “secure” means an item,\n question, or test that has not been made publicly available by the Department\n of Education.\n\nB. Nothing in this section may be construed to prohibit or restrict the\nreasonable and necessary actions of the Board of Education, Superintendent of\nPublic Instruction or the Department of Education or their agents or employees\nengaged in test development or selection, test form construction, standard\nsetting, test scoring, reporting test scores, or any other related activities\nwhich, in the judgment of the Superintendent of Public Instruction or Board of\nEducation, are necessary and appropriate.\n\nC. Any person who violates any provisions of this section may be assessed a\ncivil penalty not to exceed $1,000 for each violation. Furthermore, any person\nwhose administrative or teaching license has been suspended or revoked pursuant\nto § 22.1-292.1 may be assessed a civil penalty for the same violation\nunder this section and the reasonable costs of any review or investigation of a\nviolation of test security.\n\t\t\tAll civil penalties paid to the Commonwealth pursuant to this section shall\nbe deposited into the Literary Fund.\n\nD. For the purpose of this section, “person” shall not mean a\nstudent enrolled in a public school.\n\nHISTORY: 2000, cc. 634, 659; 2004, cc. 939, 955; 2006, cc. 25, 95; 2011, c. 248.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}