New Mexico Register
/ Volume XXXIV, Issue 15 / August 15, 2023
This is an amendment
to 6.10.7 NMAC Sections 2, 3, 6, 7, 8, 9, and 12, effective August 15, 2023.
6.10.7.2 SCOPE: [All school] School districts, charter
schools, state [educational] institutions, and bureau of Indian
education (BIE) schools, including virtual programs, that administer
standardized tests, as well as their employees or volunteers who have access to
those standardized tests.
[6.10.7.2 NMAC - Rp, 6.10.7.2 NMAC, 12/27/2018; A, 8/15/2023]
6.10.7.3 STATUTORY AUTHORITY: Sections 9-24-8, 22-2-1, 22-2-2 and 22-2C-4 NMSA 1978.
[6.10.7.3 NMAC - Rp, 6.10.7.3 NMAC, 12/27/2018; A, 8/15/2023]
6.10.7.6 OBJECTIVE: This rule establishes the roles,
responsibilities, and procedures required for the preparation, storing,
handling, distribution, security, and administration of standardized tests. The
purpose of this rule is to maintain standardization of procedures to ensure
valid and reliable results, equity of opportunity, and fairness to students.
[6.10.7.6 NMAC - Rp, 6.10.7.6 NMAC, 12/27/2018; A, 8/15/2023]
6.10.7.7 DEFINITIONS:
A. "District or charter test coordinator" or “DTC” means the licensed school instructor, counselor, student success advisor, or administrator in a school district, charter school, virtual program, state educational institution, or bureau of Indian education school (BIE) designated by the district superintendent, charter administrator, or governing authority of a state educational institution or BIE school with the overall responsibility for:
(1) handling, storing, and distributing standardized tests and test material, including student test tickets for online tests;
(2) recording standardized test distribution by booklet or answer sheet number;
(3) collecting and administering standardized tests;
(4) training school personnel in test security matters; and
(5) following proper test administration procedures.
B. “Instructional support provider” means a licensed educational diagnostician, interpreter for the deaf, rehabilitation counselor, school counselor, school psychologist, school social worker, or speech language pathologist.
C. "New Mexico statewide assessment program" or “NMSAP” means the assessment program that is approved by the department and designates the required standardized tests to be administered in New Mexico public school districts, charter schools, state educational institutions, and BIE education schools.
D. “Proctor” means a designated, trained person who assists the test administrator during the time of testing.
E. “School test coordinator" means the licensed school instructor, counselor, student success advisor, administrator, or instructional support provider responsible for:
(1) handling, storing, and distributing standardized tests for administration to test administrators;
(2) recording standardized test distribution by booklet or answer sheet number;
(3) collecting and administering standardized tests;
(4) training school personnel in test security matters; and
(5) following proper test administration procedures within the school site.
F. "Standardized test" means any nationally norm-referenced assessment, state or national performance assessment, or state or national criterion-referenced assessment.
G. "Standardized test material" means a standardized test or any related items for paper-based or online testing such as examiner guides, preparation materials, student test tickets, test security guides, answer sheets or booklets, and any student notes, answers, or essays generated during the administration of a standardized test.
H. "Test administrator" means the licensed school instructor, counselor, student success advisor, administrator, or instructional support provider in a school district, charter school, state educational institution, or BIE education school with the responsibility of administering tests under the guidelines outlined in 6.10.7 NMAC.
I. “Test administration window”
means a specified period of time, as designated by the
department assessment bureau, during which statewide tests shall be
administered.
J. "Testing irregularity"
means any circumstance within or beyond the control of a school district or
charter that raises doubts with the department, district, or charter about the
propriety of standardized testing procedures, preparation materials,
standardized testing administration, standardized testing security, student
scores attained from standardized testing, or educators’ or individuals’
conduct observed during standardized test administration.
K. “Virtual program” means
an educational program conducted via computers online, either entirely or as a
hybrid virtual program in combination with in-person educational programming.
[6.10.7.7 NMAC - Rp, 6.10.7.7 NMAC, 12/27/2018; A, 8/15/2023]
6.10.7.8 RESPONSIBILITIES OF SUPERINTENDENTS AND CHARTER ADMINISTRATORS:
It shall be the responsibility of each superintendent or
charter administrator to ensure that standardized tests are handled, stored,
prepared for, and administered in accordance with [6.10.7 NMAC] this
rule and test manuals provided by the department or testing vendors.
A. Superintendents and state charter administrators shall designate one DTC and may designate a secondary test coordinator for the purpose of delegating the duties necessary to comply with 6.10.7 NMAC.
B. Test administration at district charters shall be the responsibility of the DTC designated by the district superintendent. District charters may submit documented requests to designate their own test coordinator. Requests shall be submitted to and approved by the superintendent at the start of the school year. Failure to meet any standardized test administration policies or practices will result in removal of the district charter test coordinator without appeal. Upon such determination, all test coordination responsibilities shall defer back to the authorizing district’s test coordinator.
C. The designation of district, charter, and secondary test coordinators shall:
(1) be in writing; and
(2) identify the name, title, and contact information of the person(s) so delegated.
D. The
superintendent or charter administrator shall complete and return the
verification of test security, staff training, and accommodations requirements
documentation to the department within 10 business days after the close of all
NMSAP testing at the end of each semester.
[6.10.7.8 NMAC - Rp, 6.10.7.8 NMAC, 12/27/2018; A, 8/15/2023]
6.10.7.9 RESPONSIBILITIES OF DISTRICT OR
CHARTER TEST COORDINATORS:
A. The DTC shall attend all trainings indicated as mandatory by the department in their entirety. DTC attendance at mandatory trainings shall be subject to verification.
B. Once trained, the DTC shall provide training for all secondary test coordinators, school test coordinators, and all personnel involved in test administration, preparation, and security.
C. The DTC shall provide principals the same training as test administrators as well as additional training in the storing, handling, destruction, and administration of standardized test material. Assistant principals shall, at a minimum, be knowledgeable of the requirements for the administration of standardized tests set forth in Subsection C of 6.10.7.12 NMAC.
D. The DTC shall inform all teachers, educational assistants, substitutes, volunteers, licensed and unlicensed office staff, and anyone else who is likely to come into contact with standardized testing material of the need to maintain strict standardized test security by:
(1) developing and disseminating handouts to these individuals;
(2) providing training to these individuals; and
(3) posting conspicuous signs near school copy machines prior to and during a standardized test that warn of department rules prohibiting the copying of any portion of a standardized test, including student responses and any other standardized testing material.
E. The DTC shall provide training participants with copies of the following:
(1) [6.10.7
NMAC] this rule and any other relevant statute or regulation, if
necessary;
(2) written district or charter school guidance documents;
(3) testing schedules;
(4) test administration manuals; and
(5) the department shall inform DTCs of the test administration windows in writing at least annually. DTCs shall ensure that all required training, including online testing and test security training, is administered prior to the fall and spring test administration windows.
F. In
the absence of a written district or charter policy that includes the
procedures outlined in 6.10.7.12 NMAC, the DTC shall develop checklists and
written procedures for internal use to ensure compliance with [6.10.7 NMAC]
this rule.
G. The DTC shall, in accordance with department rules and standards:
(1) ensure
all procedures for standardized testing comply with 6.10.7.12 NMAC; [and]
(2) collaborate with appropriately
licensed personnel to ensure appropriate test assignment for all students, and
appropriate accommodations for students with disabilities and English learners;
and
(3) carry out infrastructure trials, as necessary, and online testing preparations.
[6.10.7.9 NMAC - Rp, 6.10.7.9 NMAC, 12/27/2018; A, 8/15/2023]
6.10.7.12 PROCEDURES FOR STANDARDIZED
TESTING:
All schools,
including virtual programs, shall maintain a chain of custody that identifies
authorized staff members and tracks the movement of secure test materials from
one location to another.
A. Storing and handling of standardized test material.
(1) Standardized
[tests] test material, including student test tickets for online
testing, shall be counted, inventoried, and stored in a secure, locked
location with limited access.
(2) Space permitting, standardized test material shall be stored in sealed containers in a secure area.
(3) Standardized test materials, as directed by the department, shall be disposed of by either shredding or returning such materials to the test vendor.
(4) Virtual programs shall document a chain of custody that
includes secure storage and handling of all test administration equipment and
materials from the designated delivery of vendor materials to the designated
testing locations of all students eligible for testing.
B. Accessing
standardized test material.
(1) Access to standardized test materials, including student test tickets for on-site, online testing, shall be restricted, limited, and controlled.
(2) Personnel with access to standardized test materials shall be designated by the superintendent or charter administrator.
(3) The removal of standardized test materials from their secure, locked location for the purposes of test administration and submittal at the close of the test administration window shall be logged and recorded. Records shall:
(a) identify the individual who removed standardized test materials;
(b) identify the name(s) and identifying number(s) of the standardized test materials that were removed;
(c) identify the number of standardized test materials that were removed;
(d) identify the date the standardized test materials that were removed;
(e) include documentation of any standardized test materials taken off school grounds and their return;
(f) be maintained for at least five calendar years; and
(g) be made available for review by the department upon request.
C. Administration of standardized tests.
(1) Only
licensed school instructors, counselors, student success advisors,
administrators, and instructional support providers shall administer a
standardized test.
(2) Substitutes, educational assistants, school nurses, and coaches shall not administer standardized tests unless the individual additionally holds valid licensure to serve as a teacher, counselor, student success advisor, administrator, or instructional support provider.
(3) Educational
assistants may be permitted to support testing accommodations for one-on-one
and small group testing under the supervision of a test administrator.
[(b)] Educational
assistants administering accommodations shall:
[(i)]
(a) meet the
requirements stated in 6.10.7.11 NMAC;
[(ii)] (b) receive the written approval of
the DTC;
[(iii)] (c) be under the supervision of a test
administrator as defined in Subsection H of 6.10.7.7 NMAC; and
[(iv)] (d) not support accommodations for a
group larger than five students.
(4) Training shall be provided to all persons who administer or proctor a standardized test. Individuals shall not be permitted to administer or proctor a standardized test without first completing training in accordance with the timelines, topics, and materials designated by the department.
(a) Sign-in forms listing training topics, printed name, and signature shall be maintained as a record by date to identify all individuals who have completed the district or charter training in test security, practice materials, and administration of standardized tests.
(b) Each sign-in record shall be
maintained for at least five calendar years and be made available for review by
the department upon request.
(5) The ratio of test administrators to students shall not exceed 25 students per test administrator.
(a) Tests may be administered to no greater than 30 students per test administrator if, at a minimum, an additional test administrator or test proctor is present for the duration of the test.
(b) At no point shall the number of students tested simultaneously and in the same location exceed 30 students without the presence of at least two test administrators or one test administrator and one test proctor.
(6) Test proctors shall be utilized to support the following:
(a) gathering of missing supplies;
(b) assistance with medical situations; and
(c) monitoring of the testing environment in the presence of a test administrator.
(7) All mandatory statewide assessments, including
those administered to students in fully virtual or hybrid programs, shall be
administered in person, on site, by a test administrator on school premises or
at an official district designated location.
(8) Test administrators shall prepare and
manage the environment for on-site, in-person, online testing to ensure that
students look only at their individual computers.
D. Prohibited [Practices] practices. The following practices shall be prohibited:
(1) changing a student's standardized test answers, erasing double-marked or lightly erased or lightly marked answers, or directing or suggesting that a student change a standardized test answer;
(2) providing students with a review of specific standardized test items, specific standardized test items with minor changes in settings or numbers, verbal or written restatements or paraphrasing of standardized test items, specific vocabulary from standardized test directions or standardized test items, or answers before, during or after a standardized test;
(3) discussing, photocopying, or reproducing in any other fashion including paraphrasing, any portion of a standardized test or student responses;
(4) affording any student under a standardized administration extra time to complete a timed subtest, unless permitted as an accommodation in the student’s IEP, 504 plan, or English learner plan;
(5) reading standardized test items aloud to students unless required in a specific standardized test or unless required as an accommodation in the student’s IEP, 504 plan, or English learner plan;
(6) permitting students during a standardized test to have on or near their desk or on their person, any unauthorized items, including scrap paper, tablets, laptop computers without secure browsers, cell phones with or without cameras, cameras, calculators, calculator watches, smart watches, media players, headphones, wireless earbuds, backpacks, and rulers unless any of these are required or permitted by standardized test instructions;
(7) permitting students to observe
standardized test vocabulary words with definitions, addition or multiplication
tables (in various forms), spelling words on the standardized test, or similar
assistance material during the administration of the standardized test;
(8) permitting students to talk, become disruptive, or exchange any test materials;
(9) permitting students to begin a subtest, leave the testing room, and return to finish the subtest;
(10) permitting students to enter a testing room after the standardized test has already commenced;
(11) permitting standardized test material to remain unattended in an unlocked room;
(12) taking standardized test material off campus unless specifically authorized by the DTC;
(13) displaying or failing to conceal visual aids that may assist students in the testing room;
(14) administering a standardized test to immediate family members or relatives including children, stepchildren, siblings, nieces, nephews, or grandchildren;
(15) teaching from, possessing, or in any way disseminating a photocopy or other reproduced or paraphrased standardized test or portion of a standardized test;
(16) copying copyrighted test preparation materials for the purpose of distribution;
(17) coaching or otherwise inappropriately assisting with the selection or writing of student answers; and
(18) accessing
secure, online testing portals with unassigned log-in information
[6.10.7.12 NMAC - Rp,
6.10.7.12 NMAC, 12/27/2018; A, 8/15/2023]