<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 13A.03.04.07" title_num="13A" subtitle_num="03" chapter_num="04" heading="Sanctions for Violations.">
  <paragraph num="A.">
    <text>Invalidation of Test Scores or Other Data.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department:</text>
      <paragraph num="(a)">
        <text>Shall establish procedures to identify:</text>
        <paragraph num="(i)">
          <text>Improbable test score gains or improbable changes in data in consecutive years,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Situations in which inappropriate collaboration between or among individuals occurs during the test administration or data collection and reporting, and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Any other situation which may result in the invalidation of test results or other data; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>May invalidate test scores or other data that reflect improbable gains which cannot be satisfactorily explained through changes in the student population or instruction.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Personnel sanctions may be imposed by the Department or local school system, whichever is the employer;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The administrative credentials, teaching credentials, or both, of the violator may be suspended or revoked under COMAR 13A.12.05;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The school or school system may be censured; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Department may recover costs incurred as the result of the violation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Mitigating Circumstances.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An individual may be sanctioned if the individual failed to take appropriate action after learning about the violation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Whistleblower Protection.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>