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Penalties for Testing Violations
In accordance with Chapter 19 of the Texas Administrative Code (TAC), Section §101.65(e) (see Appendix C), any
person who violates; assists in the violation of; solicits another to violate or assist in the violation of test
security or confidential integrity; and any person who fails to report such a violation, may be penalized through:
placement of restrictions on the issuance,
renewal, or holding of a Texas Teacher Certificate, either indefinitely or
for a set term;
issuance of an inscribed or non-inscribed
reprimand;
suspension of a Texas Teacher Certificate
for a set term; or
revocation or cancellation of a Texas
Teacher Certificate without opportunity for reapplication, either for a
set term or permanently.
Release or disclosure of confidential test items could result in criminal prosecution under Section 552.352 of the Texas
Government Code. Tampering with a public school record, including a required state assessment instrument or report
is punishable as a third degree felony under Section 37.10 of the Texas Penal Code.
Senate Bill 1031, passed during the 80th legislative session, includes the following test security penalty
provisions:
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Texas Education Code (TEC) Section 21.006(b) requires an administrator to report to State Board for Educator
Certification (SBEC) if the administrator has reasonable cause to believe that an educator engaged in conduct that
violated test security procedures. It also allows SBEC to impose sanctions on an administrator for failure to
report.
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TEC Section 39.0302 allows the commissioner of education to issue a subpoena to compel the attendance of a
relevant witness or the production of relevant evidence in relation to audits or investigations for test security
violations. Failure to comply could result in court enforcement of the subpoena so long as good cause for the
subpoena is found. Non-compliance with the court order could result in punishment by the court.
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TEC Section 39.0303 creates a criminal offense with a penalty of a class c misdemeanor (punishable by a fine not
to exceed $500) for any person who intentionally discloses item answers or any portion of a secure test’s
components if that disclosure is likely to or does impact the individual performance of one or more students on
the assessment instrument.
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TEC Section 39.0304 grants authority to the commissioner of education to establish training or qualifications
for test administrators.
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