Code of the District of Columbia

§ 38–771.03. Authorized personnel; responsibilities.

(a) Authorized personnel shall:

(1) Before the administration of a Districtwide assessment:

(A) Complete testing integrity training, as developed by OSSE; and

(B) Receive the testing integrity and security notification statement distributed by OSSE;

(2) Immediately report any breach of testing security to the school’s test monitor, the LEA’s test integrity coordinator, or OSSE;

(3) Cooperate with OSSE in any investigation concerning the administration of a Districtwide assessment;

(4) Except as provided in subsection (b) of this section, be prohibited from:

(A) Photocopying, or in any way reproducing, or disclosing secure test items or other materials related to Districtwide assessments;

(B) Reviewing, reading, or looking at test items or student responses before, during, or after administering the Districtwide assessment, unless specifically permitted in the test administrator’s manual;

(C) Assisting students in any way with answers to test questions using verbal or nonverbal cues before, during, or after administering the assessment;

(D) Altering student responses in any manner;

(E) Altering the test procedures stated in the formal instructions accompanying the Districtwide assessments;

(F) Allowing students to use notes, references, or other aids, unless the test administrator’s manual specifically allows;

(G) Having in one’s personal possession secure test materials except during the scheduled testing date;

(H) Allowing students to view or practice secure test items before or after the scheduled testing time;

(I) Making or having in one’s possession answer keys before the administration of that Districtwide assessment; except, that it shall not be prohibited to have an answer key for a Districtwide assessment that has already been administered and released by OSSE;

(J) Leaving secure test materials in a non-secure location or unattended by authorized personnel; and

(K) Using unapproved electronics during the administration of a Districtwide assessment.

(b) The failure to comply with the prohibitions set forth in subsection (a)(4) of this section shall not be considered a violation of a test security plan if the action is:

(1) Necessary to provide for an accommodation that is explicitly identified in a student’s IEP or an approved accommodation plan for a ELL student; provided, that any accommodation shall be limited to the eligible student or students; or

(2) Limited to supporting students to stay on task and focused, as defined and described as an acceptable action under OSSE regulations or guidance, and does not impact the content of students’ answers.


(Oct. 17, 2013, D.C. Law 20-27, § 103, 60 DCR 11120; Jan. 9, 2016, D.C. Law 21-44, § 2(c), 62 DCR 14236.)

Section References

This section is referenced in § 38-771.02.

Effect of Amendments

The 2015 amendment by D.C. Law 21- (Act 21-193) rewrote (a)(1)(B); added “and released by OSSE” in (a)(4)(I); substituted “unapproved electronics” for “cell phones, unapproved electronics, or computer devices” in (a)(4)(K); and rewrote (b).

The 2016 amendment by D.C. Law 21-44 rewrote (a)(1)(B); added “and released by OSSE” in (a)(4)(I); substituted “unapproved electronics” for “cell phones, unapproved electronics, or computer devices” in (a)(4)(K); and rewrote (b).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of the Testing Integrity Emergency Amendment Act of 2015 (D.C. Act 21-34, Mar. 30, 2015, 62 DCR 4544, 21 DCSTAT 873).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Testing Integrity Temporary Amendment Act of 2015 (D.C. Law 21-9, June 4, 2015, 62 DCR 4572).