22.1-19.1 - Action for violations of test security procedures.
§ 22.1-19.1. Action for violations of test security procedures.
A. The Office of the Attorney General, on behalf of the Board of Education,may bring a cause of action in the circuit court having jurisdiction wherethe person resides or where the act occurred for injunctive relief, civilpenalty, or both, against any person who knowingly and willfully commits anyof the following acts related to secure mandatory tests required by the Boardto be administered to students:
1. Permitting unauthorized access to secure test questions prior to testing;
2. Copying or reproducing all or any portion of any secure test booklet;
3. Divulging the contents of any portion of a secure test;
4. Altering test materials or examinees' responses in any way;
5. Creating or making available answer keys to secure tests;
6. Making a false certification on the test security form established by theDepartment of Education; or
7. Participating in, directing, aiding or abetting, or assisting in any ofthe acts prohibited in this section.
For the purpose of this subsection, "secure" means an item, question, ortest that has not been made publicly available by the Department of Education.
B. Nothing in this section may be construed to prohibit or restrict thereasonable and necessary actions of the Board of Education, Superintendent ofPublic Instruction or the Department of Education or their agents oremployees engaged in test development or selection, test form construction,standard setting, test scoring, reporting test scores, or any other relatedactivities which, in the judgment of the Superintendent of Public Instructionor Board of Education, are necessary and appropriate.
C. Any person who violates any provisions of this section may be assessed acivil penalty not to exceed $1,000 for each violation. Furthermore, anyperson whose administrative or teaching license has been suspended or revokedpursuant to § 22.1-292.1 may be assessed a civil penalty for the sameviolation under this section and the reasonable costs of any review orinvestigation of a violation of test security.
All civil penalties paid to the Commonwealth pursuant to this section shallbe deposited into the Literary Fund.
(2000, cc. 634, 659; 2004, cc. 939, 955; 2006, cc. 25, 95.)