As used in this part:

1. (1) “District test coordinator” means the same as defined in the Division of Elementary and Secondary Education’s Rules Governing the Arkansas Educational Support and Accountability Act, 6 CAR pt. 60;
2. (2) “Ethics violation” means an act or omission on the part of an educator when the educator knew, or reasonably should have known, that such acts or omissions were in violation of the Rules Governing the Code of Ethics for Arkansas Educators, 6 CAR pt. 192;

3. (3) "Public school" means:

   1. (A) A school operated by a public school district; or
   2. (B) An open-enrollment public charter school, as defined in Arkansas Code § 6-23-103;

4. (4) “Public school district” means:

   1. (A) A geographic area that qualifies as a taxing unit for purposes of ad valorem property taxes under Arkansas Code § 26-1-101 et seq. and Arkansas Constitution, Article 14, § 3, and is either:

      1. (i) Governed by an elected board of directors; or
      2. (ii) Under the administrative control of the State Board of Education or the Commissioner of Elementary and Secondary Education in place of an elected board of directors; or
   2. (B) An open-enrollment public charter school, as defined in Arkansas Code § 6-23-103;
5. (5) “Sanction” means a penalty for failing to maintain the security or confidentiality of a state-required assessment;

6. (6) “Test Security Agreement” means the agreement provided to each test administrator or other educator involved in testing that outlines the:

   1. (A) Security requirements for testing; and
   2. (B) Agreement that these are understood and will be followed by the signatory;

7. (7) “Testing impropriety” means any departure from either the requirements established by law or rule or from the procedures specified in the applicable test administration materials or Division of Elementary and Secondary Education assessment training that violates or compromises the security or confidential integrity of an assessment or inappropriately influences student performance or the reporting of student performance, and may include without limitation the following acts or omissions:

   1. (A) Viewing secure assessment materials;
   2. (B) Duplicating secure assessment materials;
   3. (C) Disclosing the contents of any portion of secure assessment materials;
   4. (D) Aiding or assisting an examinee with a response or answer to any secure assessment item;
   5. (E) Changing or altering any response or answer of an examinee to a secure assessment item;
   6. (F) Failing to return the secured test booklets to the testing company in a timely manner;

   7. (G) Encouraging or assisting an individual to engage in conduct described in:

      1. (i) Subdivision (8) of this section;
      2. (ii) The Division of Elementary and Secondary Education’s Rules Governing the Arkansas Educational Support and Accountability Act, 6 CAR pt. 60; or
      3. (iii) Arkansas Code § 6-15-2907;

   8. (H) Failing to report to the appropriate authority that an individual has engaged in conduct set forth in:

      1. (i) Subdivision (8) of this section;
      2. (ii) The Division of Elementary and Secondary Education’s Rules Governing the Arkansas Educational Support and Accountability Act, 6 CAR pt. 60; or
      3. (iii) Arkansas Code § 6-15-2907; or
   9. (I) Having a founded history of repeated unresolved testing violations;
8. (8) “Testing irregularity” means a departure from the established administration procedures that does not represent a severe breach in test security or confidentiality; and

9. (9) “Testing violation” means any departure from established procedures and administration requirements of the state-required assessment as indicated in law, this part, test manuals, or Division of Elementary and Secondary Education training, and may include without limitation the following acts or omissions:

   1. (A) Failing to:

      1. (i) Follow the specified testing procedures; or
      2. (ii) Actively monitor students while testing;

   2. (B) Allowing personnel who are not trained in test security to access:

      1. (i) Secure tests or testing materials; or
      2. (ii) An online test delivery system;
   3. (C) Failing to administer the assessment on the designated testing dates, unless otherwise approved by the Division of Elementary and Secondary Education;
   4. (D) Failing to provide an approved accommodation to a student that may influence the student’s performance or providing accommodations to students for which they do not qualify or which are not included in their Individualized Education Program (IEP) or 504 Plan; or
   5. (E) Failing to follow the specified procedures and required criteria for alternate assessments.