                                 CODE OF VIRGINIA

VIOLATIONS RELATED TO SECURE MANDATORY TESTS (§ 22.1-292.1)

A. The Board of Education may (i) issue written reprimand to or (ii) suspend or
revoke the administrative or teaching license of any holder of a Board-issued
administrative or teaching license who knowingly and willfully commits any of
the following acts related to secure mandatory tests administered to students as
required by this title or by the Board of Education:

   1. Giving unauthorized access to secure test questions;

   2. Copying or reproducing all or any portion of any secure test booklet;

   3. Divulging the contents of any portion of a secure test;

   4. Coaching or assisting examinees during testing or altering test materials
   or examinees&#8217; responses in any way;

   5. Making available any answer keys;

   6. Failing to follow test security procedures established by the Department of
   Education;

   7. Providing a false certification on any test security form required by the
   Department of Education;

   8. Retaining a copy of secure test questions;

   9. Excluding students from testing who are required to be assessed; and

   10. Participating in, directing, aiding, assisting in, or encouraging any of
   the acts prohibited by this section.
   				For the purposes of this section, &#8220;secure test&#8221; means an item,
   question, or test that has not been made publicly available by the Department
   of Education.
   				Nothing in this section shall be construed to prohibit educational
   personnel from providing input to administrators or other authorized
   personnel, including school board members and members of the General Assembly,
   except when done in a manner that violates test integrity or security
   regarding the accuracy, clarity, or propriety of test items or test
   administration procedures.

B. Nothing in this section shall be construed to prohibit or restrict the
reasonable and necessary actions of the Board of Education, the Superintendent
of Public Instruction, or the Department of Education in test development or
selection, test form construction, standard setting, test scoring and reporting,
or any other related activities which, in the judgment of the Superintendent of
Public Instruction or the Board of Education, are necessary and appropriate.

C. Any written reprimand, suspension, or revocation imposed for the acts
enumerated in this section shall be rendered pursuant to Board regulations
promulgated pursuant to the Administrative Process Act (&#xA7; 2.2-4000 et seq.)
and &#xA7; 22.1-298.1, governing the licensure of teachers.

HISTORY: 2000, cc. 634, 659; 2004, cc. 939, 955; 2006, cc. 27, 349; 2011, c.
248; 2019, c. 587.