Sec. 13a.03.04.07. Sanctions for Violations

A. Invalidation of Test Scores or Other Data.

(1) An individual shall adhere to all procedures specified in all operating manuals and related materials governing the Maryland School Performance Program including the mandated testing programs.

(2) The Department:

(a) Shall establish procedures to identify:

(i) Improbable test score gains or improbable changes in data in consecutive years,

(ii) Situations in which inappropriate collaboration between or among individuals occurs during the test administration or data collection and reporting, and

(iii) Any other situation which may result in the invalidation of test results or other data; and

(b) May invalidate test scores or other data that reflect improbable gains which cannot be satisfactorily explained through changes in the student population or instruction.

(3) The invalidation of test results or other data because of a breach of security, or action of the State Board of Education, also invalidates any graduation, programmatic, or evaluative criteria dependent upon these data or test results.

(4) The Department may invalidate test results of a student who causes, allows, or is otherwise involved in the presentation of forged, counterfeit, or altered identification for the purpose of obtaining admission to a test administration site for any of the tests listed in Regulation .01 of this chapter, and the student may be ineligible to retake the test until the next official testing opportunity.

(5) A student who engages in any activities during testing which result in invalidation of scores may be ineligible to retake the test until the next official testing opportunity.

(6) All central office and school-based personnel whose duties involve either test administration or data collection and reporting shall be held accountable for compliance with all of the requirements described in this chapter.

B. Other Sanctions. A testing behavior violation as described in Regulation .05 of this chapter, a data collection and reporting violation as described in Regulation .06 of this chapter, or a violation of any other regulation in this chapter constitutes misconduct, insubordination, or neglect of duty for which:

(1) Personnel sanctions may be imposed by the Department or local school system, whichever is the employer;

(2) The administrative credentials, teaching credentials, or both, of the violator may be suspended or revoked under COMAR 13A.12.05;

(3) The school or school system may be censured; and

(4) The Department may recover costs incurred as the result of the violation.

C. Mitigating Circumstances.

(1) Any mitigating circumstances shall be considered before a sanction is imposed for a testing behavior violation as described in Regulation .05 of this chapter, a data collection and reporting violation as described in Regulation .06 of this chapter, or violation of any other regulation in this chapter.

(2) An individual may be sanctioned if the individual failed to take appropriate action after learning about the violation.

D. Reasonable Person Standard. All conduct with respect to test administration and data reporting will be reviewed under a reasonable person standard, that is, what a reasonable person would do under similar circumstances.

E. Whistleblower Protection.

(1) The local school system shall not take any personnel action as retaliation against an employee who reports information that the employee reasonably believes involves a test security violation under this chapter.

(2) The local school system may take personnel action against an employee if the local school system investigates and concludes that the employee was involved in the reported test security violation.