# COMAR Title 13A — State Board of Education

## Subtitle 03 — General Instructional Programs

### Chapter 04 — Test Administration and Data-Reporting Policies and Procedures

**Authority:** Education Article, §§2-205 and 7-203, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulation .01 effective July 31, 1968

**Administrative History:** Regulation .02 effective June 9, 1964; amended effective May 26, 1976 (3:11 Md. R. 593); July 20, 1977 (4:15 Md. R. 1153); July 1, 1978 (5:12 Md. R. 969); June 15, 1979 (6:12 Md. R. 1052); May 30, 1988 (15:11 Md. R. 1331)

**Administrative History:** Regulation .02A amended effective May 16, 1980 (7:10 Md. R. 952); June 12, 1981 (8:12 Md. R. 1064); August 2, 1981 (9:15 Md. R. 1516); July 4, 1983 (10:13 Md. R. 1181); July 1, 1984 (11:12 Md. R. 1064); August 11, 1986 (13:16 Md. R. 1828); August 24, 1987 (14:17 Md. R. 1872)

**Administrative History:** Regulation .02A and B amended effective May 20, 1985 (12:10 Md. R. 962)

**Administrative History:** Regulation .02C and D adopted effective July 25, 1980 (7:15 Md. R. 1426)

**Administrative History:** Regulation .03 amended effective October 15, 1975 (2:29 Md. R. 1734); March 31, 1976 (3:7 Md. R. 402); July 20, 1977 (4:15 Md. R. 1153); July 28, 1978 (5:15 Md. R. 1190); July 13, 1979 (6:14 Md. R. 1208)

**Administrative History:** Regulation .03A amended effective August 2, 1982 (9:15 Md. R. 1516); July 29, 1985 (12:15 Md. R. 1525)

**Administrative History:** Regulation .04 effective August 21, 1968

**Administrative History:** Regulation .05 adopted effective November 14, 1975 (2:29 Md. R. 1734)

**Administrative History:** Regulation .05 amended effective July 21, 1976 (3:15 Md. R. 806); October 7, 1977 (4:21 Md. R. 1604); September 22, 1978 (5:19 Md. R. 1447); September 21, 1979 (6:19 Md. R. 1520)

**Administrative History:** Regulation 06 adopted effective October 13, 1976 (3:21 Md. R. 1208)

**Administrative History:** Regulation 06 amended May 11, 1977 (4:10 Md. R. 768); December 30, 1977 (4:27 Md. R. 2108); November 17, 1978 (5:23 Md. R. 1741)

**Administrative History:** Regulation .07 adopted effective January 11, 1980 (7:1 Md. R. 44)

**Administrative History:** Regulation .07A amended effective May 2, 1980 (7:9 Md. R. 848); April 17, 1981 (8:8 Md. R. 723); July 19, 1982 (9:14 Md. R. 1431); May 9, 1983 (10:9 Md. R. 702); April 9, 1984 (11:7 Md. R. 628); May 6, 1985 (12:9 Md. R. 813); August 25, 1986 (13:17 Md. R. 1923); March 7, 1988 (15:5 Md. R. 622)

**Administrative History:** Regulation .07B amended effective July 19, 1982 (9:14 Md. R. 1431); May 6, 1985 (12:9 Md. R. 813)

**Administrative History:** Annotation: Appendix F to the “Methods of Administration for the Office of Civil Rights Guidelines for the Division of Vocational-Technical Education” (see Regulation .02C) was incorporated by reference effective February 20, 1981 (8:4 Md. R. 344)

**Administrative History:** Regulations .01, .03—.07 repealed effective January 15, 1989 (15:27 Md. R. 3132)

**Administrative History:** Regulation .02 and Chapter, Instructional Programs Involving Federal Funds, repealed effective August 7, 1989 (16:15 Md. R. 1651)

**Administrative History:** Regulations .01—.06, Test Security and Data Reporting Policy and Procedures, adopted effective January 6, 1992 (18:26 Md. R. 2831)

**Administrative History:** Regulation .05B amended effective August 15, 1994 (21:16 Md. R. 1386)

**Administrative History:** Chapter repealed effective April 20, 1998 (25:8 Md. R. 598)

**Administrative History:** Regulations .01—.07, Test Administration and Data-Reporting Policies and Procedures, adopted effective April 20, 1998 (25:8 Md. R. 598)

**Administrative History:** Regulation .01 amended effective August 12, 2019 (46:16 Md. R. 689)

**Administrative History:** Regulation .01A amended effective April 23, 2007 (34:8 Md. R. 768); March 16, 2015 (42:5 Md. R. 486); August 21, 2023 (50:16 Md. R. 727)

**Administrative History:** Regulation .02B amended effective April 23, 2007 (34:8 Md. R. 768); July 16, 2018 (45:14 Md. R. 697); August 21, 2023 (50:16 Md. R. 727)

**Administrative History:** Regulation .03 amended effective March 20, 2000 (27:5 Md. R. 585); July 16, 2018 (45:14 Md. R. 697)

**Administrative History:** Regulation .03B amended effective August 12, 2019 (46:16 Md. R. 689)

**Administrative History:** Regulation .03B, D amended effective April 23, 2007 (34:8 Md. R. 768)

**Administrative History:** Regulation .03E adopted effective March 16, 2015 (42:5 Md. R. 486)

**Administrative History:** Regulation .04 amended effective July 16, 2018 (45:14 Md. R. 697); August 12, 2019 (46:16 Md. R. 689)

**Administrative History:** Regulation .07 amended effective April 23, 2007 (34:8 Md. R. 768)

**Administrative History:** Regulation .07E adopted effective January 9, 2012 (38:27 Md. R. 1765)

#### Regulation .01 Scope.

*COMAR 13A.03.04.01*

This chapter applies to:

A. Tests administered by or through the State Board of Education including but not limited to:

  (1) The Maryland Comprehensive Assessment Program (MCAP) (English and Language Arts and Mathematics);

  (2) The Maryland Integrated Science Assessment (MISA) for grades 5 and 8;

  (3) The Alternate Maryland Integrated Science Assessment (Alt-MISA);

  (4) The Alternative Maryland Comprehensive Assessment for Government (Alt-Gov);

  (5) The Maryland Comprehensive Assessment for Government;

  (6) The Life Science Maryland Integrated Science Assessment (LS MISA);

  (7) The Kindergarten Readiness Assessment (KRA);

  (8) The English Language Proficiency Assessment (ELPA)  ACCESS for ELLs;

  (9) The norm-referenced test or tests in use by the State;

  (10) The Educator Credentialing Tests; and

  (11) Other instruments required by the State Board of Education;

B. Data reporting required by the State Board of Education including the data-based areas described in COMAR 13A.01.04 and other measures used to determine availability of services and funding;

C. Local school system-owned materials that are the same as those used in any State-operated assessment program; and

D. The security and monitoring of any instrument administered by or through the State Board of Education, to include assessments and surveys.

#### Regulation .02 Definitions.

*COMAR 13A.03.04.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the State Department of Education.

  (2) “Individual” means a student, teacher, administrator, or other school system or Department employee.

  (3) Local Education Agency.

    (a) “Local education agency” means a public school system.

    (b) “Local education agency” includes special schools and institutions and nonpublic schools approved under COMAR 13A.09.10 that use tests administered on behalf of the State Board of Education.

  (4) “Maryland School Performance Program (MSPP)” means a performance-based education accountability program that focuses on accountability through school improvement in the public schools.

  (5) “Test administration” means the range of activities from procurement of secure assessment materials through the return of secure assessment materials to the Department or its agents.

#### Regulation .03 Local School System Test Administration and Data-Reporting Policies.

*COMAR 13A.03.04.03*

A. A local school system shall develop and adopt test administration and data-reporting policies.

B. The test administration policy shall provide for:

  (1) The security of the materials during testing and the storage under lock and key of all secure tests and test materials in all versions, including, but not limited to, answer keys, audio tapes, videotapes, compact disks (CDs), and examinee answer documents, before, during, and after testing;

  (2) The proper administration of tests and the monitoring of test administrations;

  (3) Training, at least annually, of appropriate personnel on test administration policy and procedures;

  (4) The prohibition of electronic devices, including personal devices, (unless required for testing or administrative purposes) in testing rooms during testing; and

  (5) The retention of an archival document for a minimum of 6 years after the date of test administration, containing the following information for each testing group each testing day:

    (a) Name and student identification number for each student;

    (b) School and system names and identifiers;

    (c) Names of the test administrators, examiners, accommodators, and proctors; and

    (d) Unique test document identification number for each student for paper testing only.

C. The data reporting policy shall contain:

  (1) Procedures for the accurate and timely collection, storage, and retrieval of data required by the State Board as described in Regulation .01 of this chapter;

  (2) Procedures for reporting assessment results to parents/guardians of students within 30 days of receipt by the local school system, but no later than the 15th of September for spring assessment results.

  (3) Procedures for the delivery of assessment results to parents/guardians by one or more of these methods:

    (a) First-class mail;

    (b) Backpack or student folder only if parents/guardians are notified by phone or electronically to expect the assessment results to be delivered on a date certain by that method;

    (c) Personally at Parent/Teacher conferences; or

    (d) Electronically through the communication system used by the local school system to keep parents/guardians informed; and

  (4) Training of appropriate personnel on data reporting procedures.

D. Test Administration and Certification of Training Forms.

  (1) The Department and each local school system shall use a Department provided or approved test administration and certification of training form and a Department provided or approved nondisclosure agreement, as appropriate, for its employees.

  (2) Before initially handling any test materials, and annually after that, each individual directly or indirectly involved shall sign a test administration and certification of training form or a nondisclosure agreement, whichever is applicable.

  (3) All signed forms and agreements shall be retained by the Department or local school system for the duration of the individual's employment or relationship with the Department or local school system.

  (4) Forms and agreements may be signed electronically using any means approved by the Department.

E. Electronic Archival of Documents. Each local school system may develop and adopt policies and procedures for the secure electronic archival of paper documents.

#### Regulation .04 Local School System Testing Designates.

*COMAR 13A.03.04.04*

A. All personnel involved in testing shall be employees of the local school system, be trained for their role, meet the requirements of their role as described herein, and sign a Department approved Test Administration and Certification of Training Form.

B. Personnel may not serve as a Test Administrator, Proctor, or Accommodator in the same testing room as a student who is a family member or who resides within the same dwelling.

C. Testing Personnel.

  (1) Local Accountability Coordinators (LACs).

    (a) A local superintendent of schools shall designate annually one individual per school system to serve as the Local Accountability Coordinator (LAC).

    (b) The LAC shall have oversight of the:

      (i) Procurement of test instruments that are used in testing programs administered by or through the State Board of Education;

      (ii) Organization, implementation, orientation, and verification of the Maryland educational assessment programs in the school system; and

      (iii) Administration and security of state-mandated assessments.

    (c) The name of the LAC shall be provided in writing to the Department within 10 days of the designation.

  (2) School Test Coordinators (STCs).

    (a) Each school system shall designate one individual per school to serve as the Primary School Test Coordinator (STC).

    (b) A Principal may not serve as the STC unless permission has been granted by the Department.

    (c) STCs shall possess a valid Maryland State Department of Education (MSDE) certificate for professional school staff.

    (d) Eligible STCs include the following:

      (i) State-certified teachers; and

      (ii) State-certified guidance counselors, library media specialists, school psychologists, pupil personnel workers, and school administrators (other than the Principal).

    (e) The Primary STC shall:

      (i) Have responsibility for training and supervising school personnel in test administration policy and procedures; and

      (ii) Be the primary point of contact with the LAC and the Department during the administration of all state assessments.

    (f) The school system may further designate, one or both, an:

      (i) Alternate STC per school.

      (ii) Assistant STC per state-mandated assessment.

  (3) Test Administrators (TAs).

    (a) TAs are selected by each public school’s principal subject to review and approval by the local Superintendent.

    (b) For any multi-state assessment consortium testing, TAs shall possess a valid Maryland State Department of Education (MSDE) certificate for professional school staff.

  (4) Proctors.

    (a) A local school system may use Proctors.

    (b) A Proctor shall be under the direct supervision of an eligible TA.

    (c) TAs may serve as Proctors.

    (d) Proctors may include:

      (i) Instructional assistants and aides; or

      (ii) Substitutes or other staff members who are employees of the school system.

  (5) Accommodators.

    (a) Accommodators may provide accommodations to students during testing.

    (b) Accommodators shall be under the direct supervision of an eligible TA.

    (c) Accommodators may include:

      (i) Test Administrators;

      (ii) Instructional assistants and aides; or

      (iii) Substitutes or other staff members who are employees of the school system.

#### Regulation .05 Testing Behavior Violations.

*COMAR 13A.03.04.05*

A. It is a violation of test security for an individual to fail to follow test administration procedures promulgated by the local board of education or the State Board of Education and published in test administration manuals and related materials for mandatory tests administered by or through the State Board of Education to students or educators.

B. It is a violation of test security for an individual to:

  (1) Give examinees access to secure test items or materials before testing;

  (2) Give unauthorized individuals access to secure test items or materials;

  (3) Copy, reproduce, use, or otherwise disclose in any manner inconsistent with test security regulations and procedures any portion of secure test materials;

  (4) Provide answer keys or answers orally, in writing, or by any other means, to examinees;

  (5) Coach examinees during testing by giving them answers to test questions or otherwise directing or guiding their responses or altering or interfering with examinees' responses in any way;

  (6) Fail to follow security regulations and procedures for distribution and return of secure test materials, or fail to account for all secure test materials before, during, and after testing;

  (7) Fail to properly monitor test administration, including permitting inappropriate collaboration between or among individuals;

  (8) Administer State-mandated tests on dates other than those specified by the Department;

  (9) Participate in, direct, aid, counsel, assist, encourage, or fail to report any of the acts prohibited in this chapter; or

  (10) Refuse to disclose information regarding test security violations.

C. The local school system shall investigate any allegations of violations of test security and report the results to the Department in a timely fashion.

#### Regulation .06 Data Collection and Reporting Violations.

*COMAR 13A.03.04.06*

A. It is a violation of data collection and reporting for an individual, school, or school system to:

  (1) Fail to report test scores, numbers of students tested, and other indicators of test performance on mandatory tests administered by or through the State Board of Education, as well as all other data elements reported to the Department;

  (2) Report incorrect or otherwise inaccurate test scores, numbers of students tested, other indicators of test performance, and participation on mandatory tests administered by or through the State Board of Education, as well as all other data elements reported to the Department; or

  (3) Exclude a student or students from participation in mandatory tests administered by or through the State Board of Education except in accordance with Department-approved procedures.

B. The local school system shall investigate any allegations involving data collection or reporting violations and report the results to the Department in a timely fashion.

#### Regulation .07 Sanctions for Violations.

*COMAR 13A.03.04.07*

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.