New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 102 - ELEMENTARY AND SECONDARY SCHOOL EXAMINATIONS › Section 102.4 - Fraud in examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Prohibited student fraud.
If, in the judgment of the principal responsible for
					 administration of an examination under the authority of the Regents, upon the
					 basis of evidence deemed by him to be sufficient, a student has been found
					 guilty of having committed or attempted to commit fraud in the examination, the
					 principal shall be authorized to cancel the examination and to exclude this
					 student from any subsequent Regents examination until such time as the student
					 has demonstrated by exemplary conduct and citizenship, to the satisfaction of
					 the principal, that the student is entitled to restoration of this privilege.
					 As used in this subdivision,
fraud
shall include the use of
					 unfair means to pass an examination, giving aid to, or obtaining aid from,
					 another person in any examination, alteration of any Regents passcard or other
					 credential, and intentional misrepresentation in connection with examinations
					 or credentials. Before such penalty shall be applied, the student accused of
					 fraud shall be given an opportunity to make satisfactory explanations,
					 including the right to appear before the board of education or a person or
					 persons designated by such board, together with his parent or parents and, if
					 so desired by the parent or parents, an attorney, all of whom shall be given
					 the opportunity to ask questions of the examiner or examiners and any other
					 person having direct personal knowledge of the facts. The board of education or
					 the person or persons designated by the board for the purpose of such inquiry
					 may affirm, modify or reverse the findings or penalty, if any, imposed by the
					 principal. The principal shall report promptly to the commissioner the name of
					 each student penalized under this regulation, together with a brief description
					 of circumstances.
(b)
Prohibited testing misconduct.
Testing misconduct, assisting
				  in the engagement of, or soliciting another to engage in testing misconduct,
				  and/or the knowing failure to report testing misconduct in accordance with
				  subdivision (d) of this section when committed by an employee of a school
				  district, board of cooperative educational services or charter school in a
				  position for which a teaching or school leader certificate is required, shall
				  be deemed to raise a reasonable question of moral character under Part 83 of
				  this Title and shall be subject to referral to the Office of School Personnel
				  Review and Accountability at the State Education Department to the extent
				  provided in section
				  83.1 
				  of this Title. Each school district, board of cooperative educational services
				  or charter school employee in a position for which a teaching or school leader
				  certificate is not required who commits an unlawful act in respect to
				  examination and records that is prohibited by Education Law section 225 shall
				  be subject to disciplinary action by the board of education, the board of
				  cooperative educational services or charter school in accordance with
				  subdivision 11 of Education Law section 225.
(c) For purposes of this section, testing
				  misconduct shall include, but need not be limited to, the following acts or
				  omissions:
(1) accessing secure test booklets
				  and/or answer sheets prior to the time allowed by New York State testing
				  rules;
(2) duplicating,
				  reproducing, or keeping any part of any secure examination materials without
				  obtaining prior written authorization from the State Education
				  Department;
(3) reviewing test
				  booklets prior to test administration in order to:
(i) determine and record correct responses
				  for use during testing;
(ii) create
				  pre-test lessons or discussions with students about concepts being tested;
				  and/or
(iii) create a "cheat sheet"
				  for students to use during any State assessment, including but not limited to,
				  sharing formulas, concepts, or definitions, necessary for the test;
(4) providing students clues or
				  answers during test administration, including, but not limited to, one or more
				  of the following actions:
(i) coaching
				  students about correct answers;
(ii) defining terms and concepts contained in
				  the test;
(iii) pointing out wrong
				  answers to a student and suggesting that the student reconsider or change the
				  recorded response;
(iv) reminding
				  students during testing of concepts they learned in class; and/or
(v) making facial or other non-verbal
				  suggestions regarding answers;
(5) allowing any student more time to take an
				  examination than is allowed for that student;
(6) leaving any materials displayed in the
				  room containing topics being tested;
(7) writing test specific formulas, concepts,
				  or definitions on the board prior to and while a State assessment is
				  administered;
(8) reviewing a
				  student answer sheet for wrong answers and returning it to a student with
				  instructions to change or reconsider wrong responses;
(9) altering, erasing, or in any other way
				  changing a student's recorded responses after the student has handed in his/her
				  test materials; or
(10) rescoring
				  portions of the test solely to add or find points so a student will pass the
				  test or earn a higher score on the test, other than legitimate rescoring
				  activities authorized by the superintendent of a public school district or
				  chief administrative officer of a nonpublic or charter school or by the State
				  Education Department; and/or
(11)
				  encouraging or assisting an individual to engage in the conduct described in
				  paragraphs (1) through (10) of this subdivision.