2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter IV. State Assessment System Security and Violations › § 172. Assessment behavior violations.

§ 172. Assessment behavior violations.
It is an assessment security violation for an individual to fail to follow state assessment system administration procedures promulgated by the Department, and no individual shall:
(1) Give any examinee access to secure assessment items or materials except in the regular course of an authorized administration of the state assessment;
(2) Give unauthorized individuals or other persons access to secure assessment items or materials;
(3) Copy, reproduce, use, or otherwise disclose in any manner inconsistent with assessment security regulations and procedures any portion of the secure assessment materials;
(4) Provide answers during the assessment administration either orally, in writing, or by any other means to an examinee;
(5) Coach any examinee during assessment administration by giving the examinee answers to secure assessment questions or otherwise directing or guiding a response or by altering or interfering with the examinee's response in any way;
(6) Fail to follow security regulations and procedures for the storage, distribution, collection and return of secure assessment materials or fail to account for all secure assessment materials before, during and after assessment administration;
(7) Fail to properly monitor assessment administration, including permitting inappropriate collaboration between or among individuals; fail to remove or cover nonallowable resources from the assessment site during the assessment administration; or fail to destroy scratch paper used by students during the assessment administration;
(8) Fail to prohibit students from accessing or using electronic equipment (e.g., cellular phones, personal digital assistant devices, iPods, electronic translators), other than those authorized for use by the Department for the assessment administration;
(9) Fail to confirm proper identification of students being administered the assessment or intentionally give a student the wrong student identification number during the log-in, causing any student to log in and take the assessment under another student's records;
(10) Fail to collect and destroy any materials bearing student identification number(s) and student name(s) used to provide student(s) with this information during the assessment administration;
(11) Produce unauthorized copies of assessment content from the computer website; fail to properly destroy authorized copies; or allow copies to be taken outside the assessment site;
(12) Allow assessment administration by unauthorized personnel or personnel who have not received assessment administration certification;
(13) Administer secure assessments on dates other than those authorized by the Department;
(14) Participate in, direct, aid, counsel, assist, encourage or fail to report any of the acts prohibited in this subchapter; or
(15) Refuse to disclose to the Department information regarding assessment security violations; or
(16) Refuse to cooperate in the investigation of a suspected breach of assessment security, whether such investigation is conducted by a school district or the Department. The investigation shall include a review of mitigating circumstances, if applicable.
73 Del. Laws, c. 81, §  1;  78 Del. Laws, c. 53, §§  31-41;