W. Va. Code R. § 126-14-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-14-3 - Definitions

3.1. Accommodations. Changes in testing materials or procedures that allow students with documented disabilities or English learner students to show their knowledge and skills. Accommodation refers to a change in testing materials or procedures that does not change what is being measured.

3.2. Aide. A person who meets or exceeds the qualifications of Aide II pursuant to W. Va. Code § 18A-4-8i(9) and is hired to work with students with disabilities in an instructional setting.

3.3. Alternative Education Program. As defined by W. Va. 126CSR99, Policy 4373, Expected Behavior in Safe and Supportive Schools (Policy 4373), a temporarily authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structure and in adult life without positive interventions.

3.4. Career Technical Education (CTE) Technical Assessment. As defined in W. Va. 126CSR44M, Policy 2520.13, West Virginia College- and Career-readiness Programs of Study/Standards for Career Technical Education, a business/industry-designed assessment given to measure the attainment of career-related technical skills as it relates to their program of study.

3.4.a. Each CTE director shall designate an individual to serve as the school test coordinator for any center or school that houses a state-approved CTE program of study to oversee all aspects of implementing the CTE technical assessment.

3.5. Charter Public School or Charter School. See W. Va. 126CSR79, Policy 3300, Charter Public School (Policy 3300), Definitions.

3.5.a. Virtual Charter School. See Policy 3300, Definitions.

3.5.b. Student (Charter Public School). See Policy 3300, Definitions.

3.6. Cheating. A willful or intentional act of dishonesty by an administrator, teacher, examiner, or student that has an impact on and/or jeopardizes the integrity and/or validity of the test or the accuracy of the test results. Cheating may occur at any point before, during, or after the testing process and may include, but is not limited to, altering records or student responses, providing inappropriate assistance to students, or using unauthorized resources or electronic devices. Cheating will result in the invalidation of test scores and tests as per the recommendation of the investigative team and the determination of the WVDE. Cheating by an administrator, teacher, or examiner may result in a loss of licensure/certification/permit for employees as per section 8.8.

3.7. Clinical Teacher of Record Program. An intensively supervised and mentored program for prospective teachers during their senior year that refines their professional practice skills and helps them gain the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools (W. Va. Code § 18A-3-1(e)(2).)

3.8. Computer Adaptive Test (CAT). An interactive test that adapts to the student's ability level and selects questions based on the student's response to previous questions.

3.9. Copyright Infringement. The retention, reproduction, or paraphrasing in any manner of secure test material in paper or electronic format, including test booklets, answer sheets, or online submissions. Copyright infringement may result in a loss of licensure/certification/permit as per section 8.8.

3.10. Criterion-Referenced Test (CRT). An assessment that measures a student's achievement of a specified set of criteria.

3.11. County. Any entity recognized by the WVBE as a local education agency (LEA) (e.g., county, charter public school, West Virginia Schools for the Deaf and the Blind, West Virginia Schools of Diversion and Transition).

3.12. County Personnel. Any person employed in any manner by a county, including all public school personnel.

3.13. County Test Coordinator. The individual within a county who manages the WV-MAP assessment program for that county and who has completed training in administering the testing instruments used in this program.

3.14. Elementary and Secondary Education Act (ESEA) Public Law 114-95, as amended by ESSA (2015). The federal law that outlines requirements, including assessments, states must follow to ensure counties are accountable for teaching children in order for those counties to continue receiving federal funds.

3.15. English Language Proficiency (ELP) Assessment. An assessment of language proficiency for EL students. For more information, refer to W. Va. 126CSR15, Policy 2417, Regulations and English Language Proficiency Standards for English Learners and Alternate English Language Proficiency Standards for English Learners with Significant Cognitive Disabilities (Policy 2417) and the Participation Guidelines found on the Assessment Services webpage on the WVDE's website.

3.16. English Learner (EL) Committee. A school-level committee that includes English as a Second Language (ESL) and classroom educators and parent(s)/guardian(s) who meet annually to address issues affecting student instruction and assessment on an individual basis for EL students.

3.17. English Learner (EL) Plan. A plan that outlines appropriate assessment and classroom accommodations for EL students. The plan is written by EL educators, classroom teachers, and administrators and updated annually in the West Virginia Education Information System (WVEIS).

3.17.a. English Learner (EL) Assessment Participation Forms. The documents that outline the accessibility supports and accommodations required by the EL student for each state assessment. The EL Assessment Participation Forms are found in the appendix in the Participation Guidelines.

3.18. English Learner (EL) Student. A student meeting the federal government definition as described in ESEA and Policy 2417.

3.19. Examiner. The person who administers the test and who meets the requirements outlined in section 5.3.c.

3.20. Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) (FERPA). A federal law that protects the privacy of student education records. It is implemented through W. Va. 126CSR94, Policy 4350, Procedures for the Collection, Maintenance, and Disclosure of Student Data (Policy 4350).

3.21. Fixed Form Test. A static test where every student receiving that form receives the same questions. A fixed form test can be delivered on paper or computer.

3.22. Foreign Exchange Student. A public school student for the year the student attends an assigned public school. A foreign exchange student may participate in the state assessments. If tested, the foreign exchange student is not included in accountability measures.

3.23. Formative Assessment Process. A process used by teachers to guide daily instruction and personalize learning to improve students' achievement of intended learning outcomes.

3.24. Grade Level. The class designation in which the student is enrolled as indicated on the student WVEIS record for public school students. Grade level for home school students is the class designation as provided on the transcript or academic record provided by the parent. Grade level for nonpublic school students is the class designation in which the student is enrolled in the nonpublic school.

3.25. Home School Students. Those students defined under W. Va. Code § 18-8-1, Exemption C, who are not enrolled in a public or nonpublic school within the LEA and who are instructed by a person(s) providing home instruction. Home school students may be enrolled in a course in the public school system.

3.26. Homebound Students. Those students enrolled in a public school who, for any reason as certified in writing by a licensed physician or as determined by the LEA, are temporarily confined to home/hospital for a period that has lasted or will last more than three consecutive weeks and who meet the eligibility criteria in W. Va. 126CSR42, WVBE Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), for home/hospital instruction.

3.27. Individualized Education Program (IEP). A written plan, developed by a team as defined in W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419), describing the specially designed instruction and appropriate accommodations, if any, needed for an eligible student with an exceptionality to master the state-approved content standards and/or be prepared for the workplace.

3.28. Interim Assessments. Assessments that can be administered throughout the school year by counties and schools to help monitor students' progress toward mastery of the state-approved standards.

3.29. International Assessments. Assessments administered to a randomly selected sample of students in the United States (U.S.) by the National Center for Education Statistics (NCES) under the governing bodies of the International Association for the Evaluation of Educational Achievement (IEA) and Organization for Economic Cooperation and Development (OCED). These assessments include, but are not limited to, the following: Progress in International Reading Literacy Study (PIRLS), Program for International Student Assessment (PISA), Trends in International Mathematics and Science Study (TIMSS), Teaching and Learning International Survey (TALIS), International Computer Information Literacy Study (ICILS), and International Early Learning Study (IELS).

3.30. Local Education Agency (LEA). As defined in ESEA, a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools.

3.31. Locked and Secured Location(s). Any location within a county, school, or approved testing facility that can be locked and secured with access limited only to the principal and/or school test coordinator.

3.32. Medical Emergency. A situation in which a student is suffering from a terminal illness or physical or psychological emergency that may prevent the student from testing. These students may qualify for a participation rate exemption. Information about requesting a participation rate exemption because of a medical emergency is available in the Participation Guidelines.

3.33. Minimum Number of Students. The number of students tested who receive results in a specific group. For reporting/accountability purposes, the minimum number of students must be large enough so students in that group cannot be individually identified. The "minimum number of students" is established by the WVDE and approved by the U.S. Department of Education for calculating and reporting school performance determinations in accordance with the W. Va. 126CSR12, Policy 2322, West Virginia System of Support and Accountability.

3.34. Mountaineer Challenge Academies (MCA). Special alternative education programs pursuant to W. Va. Code § 15-1B-24 and § 18-2-6 for students who are at risk of not succeeding in the traditional school structure (W. Va. 126CSR38, Policy 2446, Public Support for the Mountaineer Challenge Academy). Students who attend MCA are not required to test during their enrollment in MCA.

3.35. National Assessment of Educational Progress (NAEP). A national assessment of a representative sampling of U.S. students in grades 4, 8, and 12. NAEP measures what U.S. students know and can do in various subject areas. Assessments are conducted periodically in reading, mathematics, science, writing, U.S. history, civics, geography, the arts, and other subjects. As defined in ESEA, the administration of NAEP reading and mathematics assessments is required for a sample of students in grades 4 and 8. W. Va. Code § 18-2E-2 states NAEP shall be administered in academic areas at various grades designated by NAEP officials.

3.36. National Assessment Governing Board (Governing Board). A board of elected and appointed officials overseeing the content and operation of the NAEP.

3.37. National Center for Education Statistics (NCES). An agency charged with collecting, analyzing, and making available data related to education in the U.S. and other nations.

3.38. Nonpublic Schools. An elementary, middle, or high school that is not established or maintained at public expense through the total basic foundation program/state aid formula outlined in W. Va. Code § 18-9A-3 and § 18-9A-12. If nonpublic schools choose to participate in state-administered summative assessments, it is understood the nonpublic school staff must adhere to policy requirements.

3.38.a. Nonpublic School Student. A student enrolled in an elementary, middle, or high school that is not established or maintained at public expense through the total basic foundation program/state aid formula outlined in W. Va. Code § 18-9A-3 and § 18-9A-12.

3.39. Norm-Referenced Test (NRT). An assessment that compares a student's performance to the performances of other similar test takers.

3.40. Out-of-State Placements. Students placed in out-of-state schools/facilities through court-based placement by the West Virginia Department of Health and Human Resources (WVDHHR) or county placement by IEP Teams.

3.40.a. Court-based Placement. Students placed in out-of-state schools/facilities by WVDHHR because of special education needs and related services. These placements are non-IEP decisions based on factors other than disability status. However, some students in out-of-state placements may have IEPs. Regardless of whether students placed in out-of-state schools/facilities because of court-based placement have IEPs or do not have IEPS, these students are not instructed using the state-approved content standards, are not assessed using the West Virginia General Summative Assessment (WVGSA), the West Virginia college- and career-readiness assessment, or the West Virginia Alternate Summative Assessment (WVASA) and are not included in West Virginia Accountability System (WVAS) indicators. The schools of record will provide documentation to the county test coordinators explaining why these students were not tested and are to be excluded from accountability calculations. A copy of the court-based placement is sufficient documentation and should be kept on file at the county level.

3.40.b. County Placement. Students placed in out-of-state schools/facilities by counties as determined by IEP teams because of special education needs and related services. These students are instructed using the state-approved content standards, are assessed using the WVGSA, the West Virginia college- and career readiness assessment, or the WVASA, and are included in WVAS indicators if they are enrolled as students in WVEIS.

3.41. Participation Guidelines for West Virginia State Assessments (Participation Guidelines). A document that outlines requirements for all students being assessed, including students with IEPs, Section 504 Plans, or EL Plans. The accommodations outlined in this document are nationally recognized accommodations and have been approved by a national technical assistance team and the federal government.

3.42. Personal Health Management Device. An electronic device (e.g., phone, etc.) that allows a student to monitor a health condition as outlined in the Participation Guidelines.

3.43. Public School. An elementary, middle, or high school established and maintained at public expense through the total basic foundation program/state aid formula outline in W. Va. Code § 18-9A-3 and § 18-9A-12.

3.43.a. Public School Student. A student enrolled in an elementary, middle, or high school established and maintained at public expense through the total basic foundation program/state aid formula outlined in W. Va. Code § 18-9A-3 and § 18-9A-12.

3.44. Revocation/Suspension. The removal of licensure/certification by the State Superintendent of Schools (State Superintendent) pursuant to W. Va. Code § 18A-3-6.

3.45. School Test Coordinator. The principal or an individual designated by the principal who oversees the administration of any assessments included in the WV-MAP and meets the requirements outlined in section 5.2.b.

3.46. Scribe. A trained examiner who transcribes/enters student responses using the students' exact words onto answer sheets, test books, or an online test delivery system. Responses may come from:

3.46.a. oral/signed/handwritten student responses,

3.46.b. large print/braille test books, or

3.46.c. damaged test books/answer sheets.

3.47. Section 504 Committee. A committee established in accordance with county procedures that meets periodically to address issues that affect instruction and assessment for students who have been determined to have a disability as defined by Public Law 93-112, Section 504 of The Rehabilitation Act of 1973 (Section 504).

3.48. Section 504 Plan. A document, reviewed periodically, outlining the accommodations, aids, or services a student with disabilities needs to be educated in the least restrictive environment. The accommodations are usually minor adjustments in the general education classroom such as, but not limited to, seating arrangements, assignments, and lesson presentations. A school-based team determines if a student qualifies for a Section 504 Plan based on Section 504 of the Rehabilitation Act of 1973.

3.49. Security Breach. The failure to observe/follow the documented procedures established in the Testing Code of Ethics (Appendix A), the tests' procedures agreements, and/or the testing manuals by any person administering or assisting with the administration of an assessment included in the WV-MAP and pilot tests and field tests sanctioned by the WVDE. These procedures are designed to protect, maintain, and implement the testing process. See section 8 for the protocol to use in reporting an alleged breach.

3.50. Special Education: Out-of-School Environment. An IEP placement option in which an eligible student with a disability temporarily receives specially designed instruction and related services in a non-school environment as defined in Policy 2419.

3.51. Standard Conditions. The prescribed procedures to be followed during the administration of a specific assessment.

3.52. State Education Agency (SEA). The WVDE is the SEA for West Virginia.

3.53. Student Data Accessibility, Transparency, and Accountability (DATA) Act. The state law, found in W. Va. Code § 18-2-5h, that delineates state, county, and school responsibilities for data security and inventory; provides for a data governance officer; and establishes parental rights regarding access to information.

3.54. Students with Disabilities. Students who are eligible, in accordance with the definitions, eligibility criteria, procedures, and safeguards contained in Policy 2419, and who meet the definition of disability under Section 504 of the Rehabilitation Act of 1973.

3.55. Technology Specialist. An individual employed by or contracted through the county or school responsible for maintaining, processing, and troubleshooting computer systems/operations.

3.56. Testing Administration Breach. Any failure to follow the documented test administration procedures that could alter the results or testing environment of the assessment for one or more students (e.g., timing an untimed test, not implementing required accommodations, etc.) See section 8 for the protocol to use in reporting an alleged breach.

3.57. Testing Code of Ethics - Testing Code of Ethics (Appendix A). The ethical and principled practices regarding test security, test administration, test notification, training, and handling of secure assessment materials.

3.58. Testing Irregularity. Any unexpected event that significantly disrupts the testing environment (e.g., sounding of the fire alarm or a power outage).

3.59. Testing Window. The specific calendar dates during which assessments under the WV-MAP shall be administered in accordance with W. Va. Code § 18-5-45(g) and this policy.

3.60. Virtual learning. Digital learning offered through the West Virginia Virtual School (WVVS) or a county virtual instruction program (Policy 2510, section 6.4.g.).

3.61. West Virginia Accountability System (WVAS). The comprehensive system of measurements that defines school-specific expectations for continuous improvement using academic achievement, academic progress, four-year and five-year cohort graduation rates, progress toward English language proficiency (ELP), and student success indicators to guide and focus improvement and technical assistance.

3.62. West Virginia Alternate Summative Assessment (WVASA). A test specifically designed for students with the most significant cognitive disabilities. These students are assessed in the same content areas and at the same grade levels as students who take the WVGSA. Students who are administered the WVASA must be instructed using the appropriate grade-level Alternate Academic Achievement Standards as per their IEPs.

3.63. West Virginia College- and Career-Readiness Assessment. A standardized college- and career-readiness assessment administered in grade 11 to measure student performance in mathematics, ELA, and science, and used for both state and federal accountability, as well as college entrance and placement.

3.64. West Virginia Content Standards. Statements of the knowledge and skills that students are expected to acquire and that were adopted by the West Virginia Board of Education.

3.65. West Virginia Data Access and Management Guidance. The document developed by the WVDE data governance committees, vetted by WVDE leadership, and approved by the WVBE. It outlines the roles and responsibilities of the WVDE, and the processes put into place to protect the confidentiality and security of student data at the state level.

3.66. West Virginia Education Information System (WVEIS). The comprehensive data management system that manages student and employee data, payroll, and accounting for West Virginia public PK-12 education.

3.67. West Virginia General Summative Assessment (WVGSA). A customized test consisting of selected criterion-referenced response items used to measure a student's level of achievement of the state-approved content standards in mathematics and English language arts (ELA) in grades 3-8 and science in grades 5 and 8.

3.68. West Virginia Measures of Academic Progress (WV-MAP). The comprehensive assessment system that measures student performance. Summative assessments that are part of WV-MAP include the WVGSA, the West Virginia college- and career-readiness assessment, the WVASA, NAEP, international assessments, the ELP Assessment, CTE technical assessments, and pilot tests and field tests sanctioned by the WVDE.

W. Va. Code R. § 126-14-3