(b)

1. (1) The Director of Assessment of the Office of Student Assessment or his or her designee shall conduct an initial review of each report.

2. (2) The director may, as part of the initial review:

   1. (A) Request additional information or documentation from the district superintendent or district test coordinator; and
   2. (B) Determine what actions have been taken by the district with respect to the alleged testing violations or testing improprieties.

3. (3)

   1. (A) After the director’s initial review, he or she will appoint a committee of Division of Elementary and Secondary Education staff to conduct a review of:

(i) All reports of alleged testing violations or testing improprieties; and

1. (ii) Any additional documentation submitted.

   1. (B) The committee will categorize each reported alleged testing violation and testing impropriety into one (1) of the following stages:

      1. (i)

(a) (a) Stage 1.Testing violations and testing improprieties that do not:

1. (1) (1) Breach the security or confidentiality of the assessment; or
2. (2) (2) Influence the validity of student performance on the assessment.

(b) (b) These testing violations are:

1. (1) (1) Typically procedural in nature; and

2. (2) (2) Able to be corrected at the time of testing with no likelihood that the incident would reoccur during the remaining test administration window;

   1. (ii) Stage 2.

(b) (b) These testing violations are generally the result of unintentional human error, inattention during test preparation or administration, insufficient test monitoring, lack of training, and include other violations that may not:

1. (1) (1) Impact the security of the assessment; or

2. (2) (2) Adversely affect the performance of students.

   1. (c) (c) These violations are able to be corrected at the local level;

      1. (iii) Stage 3. Testing violations and testing improprieties that result from:

(b) (b) Failure to follow the requirements of the Security Agreement;

1. (c) (c) Other actions that may:
2. (1) (1) Violate the security of the assessment; or

3. (2) (2) Inappropriately influence student performance or the reporting of student performance; or

   1. (d) (d) A pattern of stage 1 or stage 2 testing violations:
4. (1) (1) Within a public school; or

5. (2) (2) Across schools in a district; or

   1. (iv) Stage 4. Testing violations and testing improprieties that violate the security of the assessment or influence student performance or the validity of the reports, show intentional or egregious disregard for the established test administration procedures, three (3) or more years of stage 3 violations without correction or corrections, and action or actions associated with testing that are a direct violation of the Rules Governing the Code of Ethics for Arkansas Educators, 6 CAR pt. 192.

      1. (c) Reported alleged testing violations and testing improprieties shall be recommended for disposition as follows:
6. (1) Stage 1. These reports are informally and administratively processed by the office and no further action will be required;

7. (2) Stage 2.

   1. (A) The superintendent will receive a letter from the office requiring the district to develop and implement procedures to ensure the violation does not reoccur.
   2. (B) The superintendent may be required to complete an affidavit to ensure the local plan will be developed and implemented the next school year.
   3. (C) Additional sanctions may be imposed;

8. (3) Stage 3.

   1. (A) The superintendent will receive a letter from the office requiring the district to develop a plan that includes procedures and training to ensure that violations do not occur in the future.
   2. (B) The plan must be developed and sent to the office for approval within forty-five (45) days of the receipt of the letter.
   3. (C) The approved plan must be implemented and evidence of its implementation provided to the Division of Elementary and Secondary Education.
   4. (D) Additional sanctions, including without limitation a letter of reprimand to be placed in an individual’s employee record, may be imposed; and

9. (4) Stage 4. These reports shall be referred by the director or his or her designee to the appropriate authorized entity for processing under the procedures of that entity:

   1. (A) Professional Licensure Standards Board;
   2. (B) Charter authorizing panel;
   3. (C) State Board of Education; or

   4. (D) Division of Public School Accountability.

      1. (d)

10. (1) Within twenty (20) days of receiving the recommended disposition of the office, the superintendent of the public school district or accused licensee shall notify in writing the office whether the public school district, or accused licensee:

    1. (A) Agrees with the recommended disposition; or
    2. (B) Wishes to appeal the recommended disposition to the state board.
11. (2) Failure of a public school district or accused licensee to respond to the office’s recommended disposition within twenty (20) days shall constitute a waiver of the right to appeal such recommended disposition.
12. (3) Requests for appeal of the recommended disposition to the state board shall include a brief statement of the reasons why the recommended disposition should not be adopted.
13. (4) If a public school district or accused licensee does not appeal the recommended disposition of the office or does not file such an appeal within twenty (20) days, the recommendation of the office shall become final.

14. (5)

    1. (A) If a public school district, open-enrollment public charter school, or accused licensee appeals the recommended disposition of the office, the state board shall hear the appeal within sixty (60) days of receipt of the notice of appeal.
    2. (B) Through mutual agreement, the public school district, open-enrollment public charter school, or accused licensee, and the office may extend the date of the hearing for an additional thirty (30) days.

15. (6) Upon written request by an accused licensee, the public school district or open-enrollment public charter school may:

    1. (A) Respond to all inquiries and allegations on behalf of the accused licensee; and
    2. (B) Represent the accused licensee at all hearings before the state board.