La. Admin. Code tit. 28 § CXXXI-1917

Current through Register Vol. 50, No. 11, November 20, 2024

Section CXXXI-1917 - Test Irregularities and Test Security Violations

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. After an investigation has been completed by the school system, department staff will attempt to contact and inform the educator that the LDOE 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 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 LDOE. 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.

La. Admin. Code tit. 28, § CXXXI-1917

Promulgated by the Board of Elementary and Secondary Education, LR 481753 (7/1/2022), Amended LR 501450 (10/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6, R.S. 17:7(6), R.S. 17:8.7, R.S. 17:8.9, and R.S. 17:3902.