Annual Reminder Ethical use Of Tests

Annual Reminder – Standards for the Ethical Use of Tests

OHIO REVISED CODE

(B) Each participating school and district shall ensure that all appropriate staff have knowledge of these standards of ethical assessment practice and shall monitor the practices of all appropriate staff to ensure compliance with these standards. Each participating school's and district's duties shall include, but not be limited to, the following:

(1) Communicate in writing to all appropriate staff at least once annually the standards defining what is an unethical and/or inappropriate practice that are contained in paragraphs (C) to (E) of this rule as well as any additional standards of ethical assessment practice adopted by a participating school and district;

(2) Clearly define and communicate in writing at least once annually to all appropriate staff how the standards shall be monitored and what sanctions shall apply for any violations of the standards and under what circumstances such sanctions will apply;

(3) Clearly define and communicate to all appropriate staff prior to each assessment the purpose(s) for each assessment;

(4) Clearly define and communicate in writing to all appropriate staff at least once annually all security procedures established by a participating school for each type of secure assessment identified in paragraph (A) of this rule, which shall include, but not be limited to, the test security provisions required by rule 3301-13-05 of the Administrative Code;

(5) Provide any other information and training as may be necessary to ensure that all appropriate staff have the knowledge and skills necessary to make ethical decisions related to preparing students for an assessment, administering and/or scoring an assessment, and/or interpreting and/or using any result of an assessment;

(6) Establish written procedures for reviewing what materials and practices shall be used in a participating school to prepare students for an assessment, and clearly communicate in writing these procedures, materials, and practices at least once annually to all appropriate staff;

(7) Periodically review materials and practices related to preparing students for an assessment, administering and/or scoring an assessment, and/or interpreting and/or using any result of an assessment in order to ensure that the materials and practices are up-to-date, and clearly communicate in writing any additions or changes at least once annually to all appropriate staff;

(8) Provide channels of communication that allow teachers, other educators, students, parents, and/or other members of the community to voice any concern about any practice they consider unethical and/or inappropriate; and

(9) Establish written procedures for investigating any complaint, allegation, and/or concern about an unethical and/or inappropriate practice, ensuring protection of the rights of an individual, the integrity of an assessment, and any result of an assessment.

(C) In monitoring practices related to preparing students for a state-wide assessment, each participating school shall use, but not be limited to, the following standards that define the types of practices that are unethical and/or inappropriate:

(1) Any preparation activity that undermines the reliability and/or validity of an inference made from any result of an assessment;

(2) Any preparation practice that results solely in raising scores or performance levels on a specific assessment without simultaneously increasing a student's achievement level as measured by other tasks and/or assessments designed to assess the same content domain;

(3) Any practice involving the reproduction of any secure assessment materials, through any medium, for use in preparing a student for an assessment;

(4) Any preparation activity that includes a question, task, graph, chart, passage, or other material included in an assessment, and/or material that is a paraphrase or highly similar in content to what is in an assessment;

(5) Preparation for an assessment that focuses primarily on the assessment, including its format, rather than on the objectives being assessed;

(6) Any preparation practice that does not comply with, or has the appearance of not complying with any statutory and/or regulatory provision related to security of an assessment; and

(7) Any practice that supports or assists others in conducting unethical or inappropriate preparation activities.

(D) Except as specifically permitted by written instructions provided by the developer of an assessment, by the department of education, or by Chapter 3301-13 of the Administrative Code pertaining to accommodations and/or alternate assessment, each participating school shall use, but not be limited to, the following standards that define the types of practices related to administering and/or scoring assessments that are unethical and/or inappropriate:

(1) Any assessment used for purposes other than that for which it was intended;

(2) Any practice that results in a potential conflict of interest or one that exerts undue influence on a person administering and/or scoring an assessment, either making or appearing to make an assessment process unfair to some examinees;

(3) Except for accommodations and/or alternate assessments expressly permitted under Chapter 3301-13 of the Administrative Code, any change in procedures for administering and/or scoring an assessment that results in a nonstandard condition for one or more students;

(4) Any practice that allows a person without sufficient and appropriate knowledge, skills, and/or training to administer and/or score an assessment;

(5) Any administration and/or scoring practice that may produce a result contaminated by a factor not relevant to the purpose(s) of an assessment;

(6) Any practice of excluding one or more students from an assessment solely because a student has not performed well, or may not perform well, on the assessment and/or because the aggregate performance of a group may be affected;

(7) Any practice immediately preceding and/or during an assessment including, but not limited to, the use a gesture, facial expression, body language, language, or any other action and/or sound that may guide a students' response;

(8) Except for the directions for administration as prescribed by the test developer and/or by the department of education, any practice such as providing to a student, immediately preceding and/or during administration of an assessment, any definition and/or clarification of the meaning of a word or term contained in an assessment;

(9) Any practice that corrects or alters any student's response to an assessment either during and/or following the administration and/or scoring of an assessment; and

(10) Any practice that supports or assists any person in unethical and/or inappropriate practices during administration and/or scoring of an assessment.

(E) In monitoring practices related to interpreting and/or using any result of an assessment, each participating school shall use, but not be limited to, the following standards that define the types of practices that are unethical and/or inappropriate:

(1) Providing interpretations of and/or using any result of an assessment in a manner and/or for a purpose that was not intended;

(2) Making false, misleading, or inappropriate statements and/or unsubstantiated claims that may lead to false and/or misleading conclusions about any result of an assessment;

(3) Any practice that permits appropriate staff without the necessary knowledge and skills to interpret and/or use any result of an assessment;

(4) Any practice that violates, or places at risk, the confidentiality of personally identifiable information pursuant to section 3319.321 of the Revised Code;

(5) Any practice that provides an interpretation or suggests a use of any result of an assessment without due consideration of the purpose(s) for the assessment, the limitations of the assessment, an examinee's characteristics, any irregularities in administering and/or scoring the assessment, and/or other factors that may affect any result; and

(6) Any practice that supports or leads any person to interpret and/or use any result of an assessment in unethical and/or inappropriate ways.

(F) Each participating school shall cooperate with the state board of education in conducting an investigation of any alleged unethical and/or inappropriate assessment practice as defined in this rule.

JEFFERSON AREA LOCAL SCHOOL BOARD POLICY

Jefferson Area Local School District

Administrative Guidelines

2623D - STANDARDS RELATIVE TO THE ETHICAL USE OF ASSESSMENTS BY STAFF

It is the District’s intent to verify that staff members comply with the State Department of Education’s guidelines for the ethical use of assessments. These guidelines are designed to provide guidance for determining whether or not a practice related to the assessment of students is consistent with the principle that a staff member perform his/her responsibilities with honesty and integrity and that only reliable and valid inferences are made from the assessment results.

In addition to assuring that any and all assessment security provisions are complied with, the District Test Coordinator (DTC) and the Building Test Coordinators (BTCs) shall be responsible for monitoring practices related to:

                A.            preparing students for assessments;

                B.            administering and scoring assessments; and

                C.            interpreting and/or using assessment results.

 

All appropriate District staff shall have knowledge of these standards of ethical assessment practice and the DTC and BTCs shall monitor the practices of District staff for compliance with these standards. The District shall require annual written communication to all designated staff regarding:

 

                A.            the standards defining what is an unethical and/or inappropriate practice according to law, as well as standards of ethical assessment practice;

                B.            the definition of how the standards will be monitored, what sanctions shall apply for any violations of the standards, and under what circumstances such sanctions will apply;

                C.            the purpose(s) for each assessment;

                D.            security procedures established for each type of secure assessment as established by Administrative Code;

                E.            information and training as may be necessary to provide that staff have the knowledge and skills necessary to make ethical decisions related to:

                                1.            preparing students for an assessment;

                                2.            administering and/or scoring an assessment; and

                                3.            interpreting and/or using any results of an assessment;

 

                F.            written procedures for reviewing what materials and practices shall be used to prepare students for an assessment, administering and/or scoring an assessment, and/or interpreting and/or using any result of an assessment; and

                G.           channels of communication that allow teachers, other educators, students, parents, and/or other members of the community to voice concerns about assessment practices.

The DTC shall be responsible for investigating any complaint, allegation, and/or concern about an unethical and/or inappropriate practice, protecting the rights of affected individuals, and verifying the integrity of an assessment and any result of an assessment. A report of all such complaints and findings of investigation shall be filed promptly with the Superintendent.

Unethical or Inappropriate Practices in Preparing Students for Assessments

When preparing students for annual assessments, staff members shall refrain from engaging in any:

                A.            preparation activity that undermines the reliability and/or validity of an inference made from the result of an assessment;

                B.            preparation practice that results solely in raising scores or performance levels on a specific assessment, without simultaneously increasing a student’s achievement level as measured by other tasks and/or assessments designed to assess the same content domain;

                C.            practice involving the reproduction of any secure assessment materials, through any medium, for use in preparing a student for an assessment;

                D.            preparation activity that includes a question, task, graph, chart, passage or other material included in an assessment, and/or material that is a paraphrase or highly similar in content to what is in an assessment;

                E.            preparation for an assessment that focuses primarily on the assessment, including its format, rather than on the objectives being assessed;

                F.            any preparation practice that does not comply with, or has the appearance of not complying with, any statutory and/or regulatory provision related to security of assessment; and

                G.           any practice that supports or assists others in conducting unethical or inappropriate preparation activities.

Unethical or Inappropriate Practices in Administering and Scoring Assessments

Unless specifically permitted by written instructions provided by the developer or as provided through an individual education program (IEP), when administering and/or scoring annual assessments, staff members shall refrain from:

                A.            using an assessment for purposes other than that for which it was intended;

                B.            engaging in a practice that results in a potential conflict of interest for, or one that exerts undue influence on a person administering and/or scoring an assessment, either making or appearing to make an assessment process unfair to some students;

                C.            except for accommodations and/or alternate assessments expressly permitted under Administrative Code, any change in procedures for administering and/or scoring the assessment that results in nonstandard and/or delimiting conditions for one (1) or more students;

                D.            engaging a practice that allows a person without sufficient and appropriate knowledge and skills and/or training to administer and/or score an assessment;

                E.            engaging in any administration and/or scoring practice that may produce a result contaminated by factors not relevant to the purposes of an assessment;

                F.            excluding one (1) or more students from an assessment solely because the student has not performed well, or may not perform well, on the assessment and/or because the aggregate performance of a group may be affected;

                G.           any practice immediately preceding and/or during an assessment including, but limited to the use of a gesture, facial expression, body language, language, or any other action and/or sound that may guide a student’s response;

                H.            except for the directions for administration as prescribed by the test developer and/or ODE, any practice such as providing to a student immediately preceding and/or during administration of an assessment, any definition and/or clarification of the meaning of a word or term contained in an assessment;

                I.             any practice that corrects or alters any student's response to an assessment either during and/or following the administration and/or scoring of an assessment; and

                J.             supporting or assisting any person in unethical or inappropriate practices during the administration and/or scoring of an assessment.

Unethical or Inappropriate Practices in Interpreting and Using Results

When interpreting and/or using any result of an assessment, staff members shall refrain from:

                A.            providing interpretations of, and/or using, any result of an assessment in a manner and/or for a purpose that was not intended;

                B.            making false, misleading, or inappropriate statements and/or unsubstantiated claims that may lead to false and/or misleading conclusions about any result of an assessment;

                C.            permitting designated staff without the necessary knowledge and skills to interpret and/or use any result of an assessment;

                D.            violating or placing at risk, the confidentiality of personally identifiable information pursuant to R.C. 3319.321;

                E.            providing an interpretation, or suggesting a use, of any result of an assessment without due consideration of the purpose(s) for the assessment, the imitations of the assessment, an examinee's characteristics, any irregularities in administering and/or scoring the assessment, and/or other factors that may affect the results; and

                F.            supporting or leading any person to interpret and/or use any result of an assessment in unethical or inappropriate ways.

If a staff member has reason to believe that there has been a violation of the standards for the ethical use of tests committed by another staff member or volunteer, s/he shall contact the principal immediately and provide the name(s) of the violator(s) and the nature of the alleged violation(s). The District shall cooperate with the State Board of Education in conducting an investigation of any alleged unethical and/or inappropriate assessment practice as defined in A.C. 3301-7.

If the violation(s) is/are verified, the District’s due-process procedures are to be used in dealing with the violator. If the violator is a member of the staff, s/he may be subject to loss of certification/licensure and/or dismissal from the District. If the violator is a volunteer, s/he may be immediately released from his/her volunteer services with the District.

The DTC shall make the decision whether or not to invalidate the student’s test score on each test that was violated or all of the tests. Within ten (10) days of the violation, the DTC is to notify the State Department of Education concerning the nature of the violation and the action that was taken against the violator.

Staff members shall be provided with this guideline prior to the beginning of each test administration period and shall be required to acknowledge receipt of this guideline on an annual basis.

 

Approved 9/22/08