(1) Tests implemented in accordance with the requirements of Sections 1003.52, 1003.56, 1007.25, 1007.35, 1008.22, 1008.25, 1008.30, 1012.55 and 1012.56, F.S., shall be maintained and administered in a secure manner such that the integrity of the tests shall be preserved.
    (a) Test questions shall be preserved in a secure manner by individuals who are developing and validating the tests. Such individuals shall not reveal in any manner, verbally or in writing, the test questions under development.
    (b) Tests or individual test questions shall not be revealed, copied, or otherwise reproduced by persons who are involved in the administration, proctoring, or scoring of any test.
    (c) Examinees shall not be assisted in answering test questions by any means by persons administering or proctoring the administration of any test.
    (d) Examinees’ answers to questions shall not be interfered with in any way by persons administering, proctoring, or scoring the examinations.
    (e) Examinees shall not be given answers to items by any person.
    (f) Persons who are involved in administering or proctoring the tests or persons who teach or otherwise prepare examinees for the tests, whether they be associated with a school district or educational institution under Florida Statutes § 1003.49, shall not participate in, direct, aid, counsel, assist in, or encourage any activity which could result in the inaccurate measurement or reporting of the examinees’ achievement.
    (g) Each person who has access to tests or test questions during the development, printing, administration, or scoring of the tests shall be informed of specifications for maintaining test security, the provisions in statute and rule governing test security, and a description of the penalties for breaches of test security.
    (h) During each test administration, school district, charter school sponsor, and institutional test administration coordinators and contractors employing test administrators and proctors shall ensure that required testing procedures are being followed at all test administration sites. Officials from the Department are authorized to conduct unannounced observations of test administration procedures at any test administration site to ensure that testing procedures are being correctly followed.
    (i) In accordance with Florida Statutes § 1008.24, a school district may use district employees, such as education paraprofessionals as described in Florida Statutes § 1012.37; a licensed, certified instructor; or an education services officer test administrator as described in Florida Statutes § 1008.213(2), to administer and proctor statewide, standardized assessments required under Florida Statutes § 1008.22 All test administrators and proctors for the statewide assessments administered pursuant to Fl. Admin. Code R. 6A-1.09422, must complete training requirements outlined in Training Requirements for Administering and Proctoring the Statewide Assessments, 2023, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16042) incorporated herein by reference. A copy may be obtained by contacting the Division of Accountability, Research and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.
    (2) Test materials, in computer-based or paper-based formats, including all test booklets and other materials containing secure test questions, answer keys, and examinee responses, shall be kept secure and precisely accounted for in accordance with the procedures specified in the test administration manuals and other communications provided by the Department. Such procedures shall include but are not limited to the following:
    (a) All test materials shall be kept in secure, locked storage prior to and after administration of any test.
    (b) All test materials shall be precisely accounted for and written documentation kept by test administrators and proctors for each point at which test materials are distributed and returned.
    (c) Any discrepancies noted in the number or serial numbers of testing materials received from contractors shall be reported to the Department by designated institutional or school district personnel prior to the administration of the test.
    (d) In the event that test materials are determined to be missing while in the possession of an institution or school district, designated institutional or school district personnel shall investigate the cause of the discrepancy and provide the Department with a report of the investigation within thirty (30) calendar days of the initiation of the investigation. At a minimum, the report shall include the nature of the situation, the time and place of occurrence, and the names of the persons involved in or witness to the occurrence. Officials from the Department are authorized to conduct additional investigations.
    (e) In those cases where the responsibility for secure destruction of certain test materials is assigned by the Department to designated institutional or school district personnel, the responsible institutional or school district representative shall certify in writing that such destruction was accomplished in a secure manner.
    (f) In those cases where test materials are permitted by the Department to be maintained in an institution or school district, the test materials shall be maintained in a secure manner as specified in the instructions provided by the Department. Access to the materials shall be limited to the individuals and purposes specified by the Department.
    (g) Materials for computer-based testing must be kept in a secure manner. Such materials include but are not limited to test tickets, ancillaries, and scratch paper or planning sheets.
    (3) In those situations where an employee of the educational institution, school district, contractor, or an education services officer, or an employee of the Department suspects an examinee of cheating on a test or suspects other violations of the provisions of this rule, a report shall be made to the department or test support contractor, as specified in the test administration procedures, within ten (10) calendar days. The report shall include a description of the incident, the names of the persons involved in or witness to the incident, and other information as appropriate. Officials from the Department are authorized to conduct additional investigations.
    (4) Violations of test security provisions shall be subject to penalties provided in statute and State Board Rules.
    (5) School districts and public educational institutions, may contract with third-party contractors to administer and proctor statewide standardized assessments required under Florida Statutes § 1008.22, or assessments associated with Florida approved courses under Florida Statutes § 1003.499
    (a) School districts and educational institutions must require the contractor to provide a safe and comfortable facility that does not interfere with an examinee’s ability to demonstrate mastery on the tests.
    (b) School district or educational institution use of third-party contractors (including contracted affiliates, such as franchises) shall not relieve the district or institution of its obligation to provide access to statewide testing for Florida Virtual School or virtual charter school students pursuant to Sections 1002.33(20), 1002.37 and 1002.45(6)(b), F.S.
    (c) The contractor must adhere to all test administration and security protocols as prescribed by the Department pursuant to Section 120.81(1)(c), F.S., and shall be subject to all provisions of this rule.
    (d) The contractor must not collect nor maintain any examinee’s personally-identifiable information beyond that required for test administration.
    (e) All technology used to administer computer-based tests must meet assessment technology guidelines and online test security requirements as prescribed by the Department pursuant to Section 120.81(1)(c), F.S.
    (6)(a) A Florida Virtual School full-time student of a military family residing outside of Florida who is prevented by his or her parent’s or guardian‘s out-of-state military duty station’s location from participating in statewide assessment in Florida must be offered flexibility with respect to remote administration of the statewide, standardized assessments set forth in Section 1008.22(3)(a), (b), and (d), F.S. In order to grant this flexibility, the student’s parent or guardian must submit to Florida Virtual School a written request for flexibility in the assessment administration(s) no later than ninety (90) days before the current school year’s assessment administration(s) for which the request is made. The request must include written, official documentation of the family’s current out-of-state military duty stationing.
    (b) As soon as practicable upon receipt of the parent or guardian’s request, Florida Virtual School must verify the student’s parent or guardian’s military stationing through documentation of official orders issued by the military and submit to the Department a recommendation of approval or denial of the request. The recommendation must be submitted in a secure manner as directed by the Department and must contain the following information:
    1. Student name, date of birth, and Florida Education Identifier (FLEID) Number;
    2. Subject test(s) to be administered;
    3. Proposed date(s) of the administration(s);
    4. Description of the secure location where testing will take place;
    5. Name and position of the test administrator who will give the assessment;
    6. Details of when training for the test administrator will or has taken place; and
    7. Confirmation by Florida Virtual School of military order.
    (c) Within fourteen (14) days of Florida Virtual School’s recommendation, the Department must verify the documented information from the Florida Virtual School and notify Florida Virtual School of the grant or denial of the request.
    (d) Upon receipt of the Department’s determination, Florida Virtual School must notify the parent or guardian whether the request is granted or denied.
    (e) If the request is granted, the assessment(s) must be administered securely as set forth in this rule, at the student’s parent or guardian’s current military duty station in accordance with Sections 1008.213 and 1008.22, F.S. The assessment(s) must be administered by a licensed, certified instructor or an education services officer test administrator who meets the criteria specified in Section 1008.24(3)(a), F.S. Florida Virtual School is responsible for the following:
    1. Ensuring that the test administration takes place in a secure location, with a device that has the secure browser installed;
    2. Training the test administrator according to the requirements listed in paragraph (1)(i);
    3. Providing or securing the testing device and a device for the test administrator to use during testing;
    4. Ensuring that the testing device is prepared according to the contractor’s technical specifications;
    5. Overseeing the administration, including providing any needed test materials, as outlined in the test administration manual; and
    6. Collecting required administration information, as outlined in the test administration manual.
Rulemaking Authority 1001.02, 1003.49, 1008.23, 1008.24 FS. Law Implemented 1003.49, 1008.213, 1008.22, 1008.23, 1008.24 FS. History-New 7-5-87, Amended 10-26-94, 11-3-13, 1-7-16, 3-15-22, 11-21-23.