W. Va. Code R. § 126-14-8

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

Section 126-14-8 - Investigation of Alleged Cheating/Security Breach/Testing Administration Breach/Copyright Infringement

8.1. Any written complaint and/or oral report alleging cheating, security breach, testing administration breach, or copyright infringement shall be reported immediately, according to the protocol in this policy, to the principal and county test coordinator with a copy to the county superintendent (or organization) where the allegations occurred. The county test coordinator shall immediately contact the WVDE, which will advise the county about the procedures to follow regarding any investigation.

8.1.a. All complaints, whether reported by a named individual or anonymously, or initiated by the WVDE based on analysis of test data, will be reviewed by the WVDE, and a decision will be made as to whether an investigation will be conducted.

8.2. An investigation must occur in a timely and efficient manner and shall be jointly conducted by the designated staff of the WVDE in consultation with the county superintendent (or designated staff) where the allegation(s) occurred unless the WVDE identifies an alternate investigative plan.

8.3. The county shall maintain confidentiality and shall not conduct investigations at the county level before receiving authorization to proceed from the WVDE.

8.3.a. The investigation must, at a minimum, consist of personal interviews with the reporter, if known; the individual(s) against whom the allegation(s) is/are filed; and any other individual who may have knowledge of the allegations.

8.3.b. The investigative team must take immediate steps to protect the confidentiality of the complainant, students, teachers, administrators, and other personnel, including the individual(s) against whom the allegation(s) is/are made, pending the completion of an investigation of cheating, a security breach, a testing administration breach, or copyright infringement.

8.3.c. The investigation may consist of any other methods and review of the circumstances deemed pertinent by the investigators within the bounds of the law.

8.4. Upon completion of the investigation, a report consisting of written findings and final recommendations based on all the facts and surrounding circumstances must be submitted for the county to the State Superintendent in a timely manner and shall include a determination of whether misconduct did or did not occur or whether misconduct could not be determined.

8.4.a. If it is determined a violation occurred, one or more of the following recommendations shall be made:

8.4.a.1. invalidating the test scores of students/classes/schools/county;

8.4.a.2. if the testing window has not closed, retesting of students will be considered with the county (or school if requested by county) assuming the cost of both purchasing and scoring of the forms;

8.4.a.3. re-aggregating the test data for valid test results for students/schools/ counties/state;

8.4.a.4. retraining of administrator/examiner/technology specialist involved in the investigation;

8.4.a.5. banning administrator/examiner/technology specialist from handling of or administering WV-MAP secure materials for any determined misconduct; and

8.4.a.6. action from county superintendent as per section 8.7.a or county board as per section 8.7.b.

8.5. Upon acceptance of the report by the State Superintendent, a copy of the report, along with the State Superintendent's letter of acceptance of the report, will be sent to the county superintendent.

8.6. Upon receipt of the investigative team's report, the county superintendent may request in writing any recorded conversations, written statements, and/or other documents or materials obtained during the investigation. The requested materials shall be mailed to the county superintendent via certified mail with proof of receipt.

8.7. Within 60 days of receipt of the letter from the State Superintendent accepting the recommendations of the investigative team, the county superintendent shall report in writing to the State Superintendent the status of further proceedings and any action taken. This report shall include the following:

8.7.a. action taken by the county superintendent:

8.7.a.1. no action;

8.7.a.2. written reprimand;

8.7.a.3. improvement plan; or

8.7.a.4. other, including ongoing investigation(s).

8.7.b. action taken by the county board:

8.7.b.1. no action;

8.7.b.2. suspension;

8.7.b.3. termination; or

8.7.b.4. other.

8.8. Within 90 days of the receipt of a report detailing the county's final action taken, the State Superintendent will review the action taken by the county to determine whether to close the case or to initiate licensure/certification/permit suspension or revocation. The county superintendent and individual(s) against whom the complaint was filed will be notified of the decision within this timeframe.

8.8.a. The State Superintendent may:

1) revoke the teaching license/certification/ permit pursuant to W. Va. Code § 18A-3-6, or

2) decline to grant a license or a license renewal pursuant to W. Va. Code § 18A-3-2a for any person who knowingly and willfully acted in a manner that may compromise the integrity of assessments in this policy and pilot tests and field tests sanctioned by the WVDE. Behavior giving rise to such action by the State Superintendent includes but is not limited to:

8.8.a.1. giving unauthorized access to secure test questions and/or answer keys or infringement of copyrighted materials;

8.8.a.2. retaining, reproducing, paraphrasing, or discussing all or any portion of a secure test;

8.8.a.3. prompting or assisting examinees during testing or altering or creating examinees' responses in any way;

8.8.a.4. providing a false certification on any Secure Materials and Test Procedures Agreement or County/School Personnel Secure Materials Agreement (Appendix G);

8.8.a.5. manipulating the test administration, demographic data, or the students' answers or data; and

8.8.a.6. participating in, directing, aiding or abetting, or assisting in any of the acts prohibited in this policy and W. Va. Code § 18-2E-1a.

8.8.b. The WVBE, in conjunction with the State Superintendent, shall have the authority to enforce copyright laws to ensure the integrity of the assessments in this policy, and maintain security as outlined in W. Va. Code § 18-2E-1a(8).

8.9. WVDE/county/school personnel shall not engage in any action that may compromise the certification, accreditation, or accountability designation of a school or school program.

W. Va. Code R. § 126-14-8