Section 3301-13-05 - Establishing security and security investigation provisions for tests(A) All test questions and all other test materials, are considered secure test materials and subject to the provisions of sections 3319.151 and 3319.99 of the Revised Code and to the provisions of this rule.(B) The test materials that are specifically designated as "practice tests" and any assessment released by the department as a public record in accordance with section 3301.0711 of the Revised Code and this rule are not considered secure.(C) Each person designated as a test coordinator for a participating school, in accordance with rule 3301-13-02 of the Administrative Code, is responsible for:(1) Ensuring that all test security provisions are complied with while test materials remain in a participating school;(2) Ensuring that all test security provisions are complied with during the administration of each test administration session, including makeup sessions; and(3) Accounting for all test materials, including booklets by serial number and answer documents.(D) No person will reveal, cause to be revealed, release, cause to be released, reproduce, or cause to be reproduced any secure test materials through any means or medium including, but not limited to, electronic, photographic, photocopy, written, paraphrase, or oral.(E) No unauthorized person is permitted to be in a test room during any test administration session or have access to any secure test materials at any time such materials are in a participating school.(F) Each participating school will establish written procedures to protect the security of the paper test materials that include, but are not limited to, the following: (1) Specification of district procedures for handling, tracking, and maintaining security of test materials from the time and point of receipt in a participating school until the time and point of shipping to the scoring contractor;(2) Specification of procedures for handling, tracking, and maintaining security of test materials at a site before, during, and after a test administration, including, but not limited to, procedures for accounting for and storing test booklets, answer documents, and all other test materials in a secure location before, during, after, and between test administration sessions;(3) Specification of building procedures for handling, tracking, and maintaining security of the test materials from the time and point of receipt in a building prior to testing until after the test administration when the test materials are returned to the district's central collection location;(4) A provision mandating the shipping and return of all scorable used test booklets, secure answer documents, and any other materials specified by the department to the specified location not later than one business day after the completion of a test administration period in accordance with the directions provided by the designated scoring service provider; and(5) A provision mandating the shipping and return of all nonscorable used and unused test booklets, unused secure answer documents, and any other materials specified by the department to the specified location not later than seven calendar days after the completion of a test administration period in accordance with the directions provided by the designated scoring service provider.(G) Each participating school will establish written procedures to protect the security of the online and paper tests that include, but are not limited to, the following:(1) Identification of each person by name with a designated title as being either a test coordinator, test administrator, monitor, translator, or scribe who is authorized to be present in a test room during a test administration session, including a makeup session, and/or who is authorized to have access to the test materials;(2) Specification of a procedure for investigating any alleged violation of a test security provision or any alleged unethical testing practice, including ensuring due process for any individual accused;(3) Specifications of a procedure for determining an action or actions to be taken in response to any confirmed violation of section 3319.151 of the Revised Code, rule 3301-7-01 of the Administrative Code, this rule, or the school's test security procedures, including, but not limited to, cheating by a student, anyone assisting a student to cheat, and/or anyone compromising a student's test;(4) Specification of a procedure for determining whether to invalidate a student's test in response to a test security violation caused either by a student and/or by any other person; and(5) Specification of how the written procedures will be communicated in writing and discussed each school year with employees who have access to secure test materials, students enrolled in the participating school who are being tested, and with any other person authorized to be present in a test room and/or have access to any secure test materials.(H) Each participating school will report any alleged test security violation to the department in accordance with the procedures specified by the department as soon as it becomes known to the participating school. (1) Upon receipt of information about an alleged test security violation, the department will contact the participating school to request the opening of an investigation. After the initial contact, the department will notify the participating school in writing that a case has been opened for an alleged test security violation.(2) Within ten calendar days after the completion of the participating school's investigation, the participating school will file a written report with the department containing the following: (a) The names, positions, and titles of all persons believed to be involved in the incident;(b) A detailed description of the incident;(c) The interviews or testimony obtained during the investigation;(d) A statement of evidence or a statement of lack of evidence that a test security violation occurred;(e) The results of the investigation, including the grounds for determining the occurrence of a test security violation or lack thereof; and(f) An explanation of any corrective or disciplinary action taken, including actions taken under authority of section 3319.151 of the Revised Code.(3) Each participating school will ensure the cooperation of all of its employees in any investigation that is conducted by the department pursuant to any allegation or other indication that a test security violation may have occurred.(I) By the first of October of each school year, each participating school will communicate in writing to and discuss with all employees who have access to the secure test materials and students who are being tested the applicable written security procedures and the actions to be taken in response to any violations established pursuant to this rule. In the event that a participating school administers a state test during a fall test administration period that occurs prior to the first of October, prior to the beginning of the applicable test administration period each school year, the participating school will communicate in writing to and discuss with all employees who have access to the secure test materials and students who are being tested the applicable written security procedures and the actions to be taken in response to any violations established pursuant to this rule. Students and staff will be reminded orally of these provisions prior to the beginning of each test administration period by a test coordinator and test administrator.(J) Each joint vocational school district that has executed an agreement with a participating school to administer any test pursuant to rule 3301-13-02 of the Administrative Code will comply with all provisions of this rule.(K) The provisions of this rule do not apply to commercial tests, as defined in rule 3301-13-01 of the Administrative Code. Districts and schools using commercial tests for state or local purposes are directed to follow the rules and procedures established by the commercial test provider. Replaces: 3301-13-05
Ohio Admin. Code 3301-13-05
Effective: 5/12/2024
Five Year Review (FYR) Dates: 05/12/2029
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0710, 3301.0711
Rule Amplifies: 3301.0710, 3301.0711, 3301.0712
Prior Effective Dates: 01/29/1990, 12/01/1992, 08/10/2000, 08/22/2002, 12/21/2007, 01/26/2013, 04/27/2018