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KAPE Legal Services

 

Several articles by AAE Attorney LaRae Munk are available for members to help keep them informed.  Should legal problems arise, contact KAPE for the next step.

Avoiding Testing Violations

Throughout the year, especially during testing time, KAPE gets inquiries about testing violations. A violation could lead to the tests being invalidated and the teacher losing certification. Some of the most common violations include:

  • Discussing specific test questions and answers with students

  • Taking notes from the actual test

  • Coaching students during the test

  • Not following the test instructions

  • Displaying inappropriate instructional materials in the testing area

  • Displaying body language that appears you did one of the above

To avoid committing a violation, there are a few things that educators should keep in mine when administering tests:

  • Always administer the test exactly as directed. Do not deviate from the standard procedure at all. The test instructions should be followed to the letter.

  • Avoid assisting students during testing. You should not give students any help while they are being tested. Often, when an educator helps a student by shading in an answer, erasing something or answering a question, it is construed as "coaching" the student. While the educator may not have shared any knowledge or test-related information with the student, others who see it may interpret it differently. You can avoid this situation by eliminating any unnecessary interaction with your students during the test.

  • Make sure that there are no instructional materials in the testing area. This means taking down number lines, logging off of computers, putting calculators and dictionaries away and removing any unapproved writing from the board. Many educators innocently forget to remove these items and find themselves under investigation by the Professional Standards Board for an ethical violation.
  • Do not use any unapproved materials to help students prepare for the test. On a few occasions some teachers have been accused of using the actual test, perhaps unknowingly, to help students prepare for it. If you would like to use something to help your students prepare for a test, but are unsure if it’s appropriate, you need to clear it with your supervisor before you use it.
  • Never change the students’ answers. While this seems obvious, there have been educators accused of doing exactly that. While educators should do as much as possible to help prepare their students for tests, students must perform without any interference or help during the test. Under no circumstances should an educator change or alter his/her students’ answers.

Allegations of failure to follow testing procedures must be reported to the Kentucky Department of Education. By following these pointers, you should be able to avoid most of the testing pitfalls. If you are ever unsure about something, you should consult your testing manual or ask your supervisor. You should do so before, or as soon as, a problem arises.

Leonard D. Williams, Staff Attorney for the Professional Association of Georgia Educators.

 





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