§ 38–771.04. Test integrity; sanctions.

(a) A LEA, or school subject to the LEA’s control, that is determined by OSSE to have violated this chapter, regulations issued pursuant to this chapter, or a test security plan shall be subject to sanctions, which shall include:

(1) The payment of any expenses incurred by OSSE as a result of the violation, including the costs associated with developing, in whole or in part, a new assessment;

(2) An administrative fine of not more than $10,000 for each violation; and

(3) The invalidation of test scores.

(b) A person who knowingly and willfully violates, assists in the violation of, solicits another to violate or assist in the violation of the provisions of this chapter, regulations issued pursuant to this chapter, or test security plan, or fails to report such a violation, shall be subject to sanctions, which shall include:

(1) Denial, suspension, revocation, or cancellation of, or restrictions on the issuance or renewal of a teaching or administrative credential or teaching certificate issued by OSSE, or both, for a period of not less than one year;

(2) Payment of expenses incurred by the LEA or OSSE as a result of the violation; or

(3) An administrative fine, not to exceed $1,000 for each violation.

(1) The seriousness of the violation;

(2) The extent of the violation;

(3) The role the individual played in the violation;

(4) The LEA leadership’s involvement;

(5) How and when the violation was reported to OSSE; and

(6) The actions taken by the LEA since the violation was reported to OSSE.