Testing Integrity and Security Rulemaking Approval Resolution of 2026

MURIEL BOWSER
MAYOR

June 22, 2026

The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council of the District of Columbia is a proposed
resolution entitled the “Testing Integrity and Security Rulemaking Approval Resolution of 2026.”

The resolution would approve a proposed final rulemaking to add sections 2303 through 2316 to
Chapter 23 (State-Wide Academic Assessments) to Title 5-A (Office of the State Superintendent
of Education) of the District of Columbia Municipal Regulations (DCMR) to establish minimum
requirements to protect the integrity of statewide assessments and ensure that results are accurate
and meaningful. The rulemaking also establishes a process for conducting investigations in the
instance of unacceptable assessment practices and protocols.

Further, the rulemaking would amend section 2399 (Definitions) of Chapter 23 (State-Wide
Academic Assessments) to Title 5-A (Office of the State Superintendent of Education) of the
DCMR for the purpose of adding definitions in accordance and alignment with the new sections.

I urge the Council to take prompt and favorable action on the enclosed resolution.
Sincerely,

Muriel Bowser

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A PROPOSED RESOLUTION
airman Phil Mendelson
at the request of the Mayor
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
14 To approve proposed final rules establishing minimum requirements to protect the integrity of
15 statewide assessments and to establish a process for conducting investigations.
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17 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
18 resolution may be cited as the "Testing Integrity and Security Rulemaking Approval Resolution
19 of 2026".
20 Sec 2. Pursuant to section 106 of the District of Columbia Te sting Integrity Act, effective
21 October 17, 2013 (D.C. Law 20-27; D .C. Official Code § 38-771.06), the Council approves the
22 proposed final rules of the State Superintendent of Education, adding new sections 2303 through
23 2316 to Chapter 23 (State-Wide Academic Assessments) of Title 5-A (Office of the State
24 Superintendent of Education) and amending section 2399 (Definitions) of Chapter 23 (State-
25 Wide Academic Assessments) to Title 5-A (Office of the State Superintendent of Education) of
26 the District of Columbia Municipal Regulations, regarding testing integrity, which were
27 transmitted by the Mayor to the Council on June --, 2026, and a notice of proposed rulemaking
28 for which was published in the District of Columbia Register on July 25, 2025, at 72 DCR
29 008263.
30 Sec. 3. Transmittal.
31 The Council shall transmit a copy of this resolution, upon its adoption, to the Mayor, and
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the State Superintendent of Education. 32
Sec. 4 Fiscal impact statement. 33
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 34
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 35
approved October 16, 2006, 9120 Stat. 2038; D.C. Official Code § 1-301.471). 36
Sec. 5. Effective date. 37
This resolution shall take effect immediately. 38
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OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

NOTICE OF FINAL RULEMAKING
as transmitted to the Council of the District of Columbia for its review and approval pursuant to
Section 106 of the District of Columbia Testing Integrity Act, effective October 17, 2013
(D.C. Law 20-27; D.C. Official Code § 38-771.06)

The State Superintendent of Education, pursuant to the authority set forth in Sections 3(b)(11),
(15) and (20), and 7d of the State Education Office Establishment Act of 2000, effective October
21, 2000 (D.C. Law 13 -176, D.C. Off icial Code § § 38-2602(b)(11), (15), and (2 0), and 38 -
2610(a)); Section 106 of the Testing Integrity Act of 2013, effective October 17, 2013 (D.C. Law
20-27; D.C. Official Code §38-771.06); and Mayor’s Order 2018-91, dated November 15, 2018,
hereby gives notice of the adoption of the following amendments to Chapter 23 (State-Wide
Academic Assessments) of Title 5 (Education), Subtitle A (Office of the State Superintendent of
Education), of the District of Columbia Municipal Regulations (“DCMR”).

In order to measure and report the achievement of students and performance of schools in the
District of Columbia, the Office of the State Superintendent of Education ( “OSSE”) must
administer statewide assessments. Pursuant to the District of Columbia Public Education Reform
Act of 2007, effective June 12, 2007 (D.C. Law 17 -9; D.C. Official Code § 38-1800.01 et seq.),
OSSE serves as the District’s state education agency ( “SEA”) and performs the functions of an
SEA for the District of Columbia under applicable federal law, including overseeing state
functions for standards, assessments, and federal accountability requirements for elementary and
secondary education.

This rulemaking sets forth the minimum requirements to protect the integrity of the statewide
assessments and to ensure that results are accurate and meaningful. OSSE’s goal is for schools and
Local Educational Agencies (“LEAs”) to deliver a uniform and equitable statewide assessment
program. For assessments to yield fair and accurate results, the assessments must be administered
in consistent , standardized conditions , and teachers and administrators must understand and
recognize acceptable and unacceptable assessment practices and protocols. This rulemaking
supports this goal.

Additionally, this rulemaking establishes a process for conducting investigations in the instance of
unacceptable assessment practices and protocols. The standards and procedures included in the
rulemaking will be used to determine whether a violation occurred, the issuance of sanctions for
violations, and the process of reviewing OSSE’s findings of both non -sanctionable and
sanctionable violations.

On July 22, 2019, OSSE issued an Advanced Notice of Proposed Rulemaking (“ANPR”) on
OSSE’s website to provide stakeholders an opportunity to provide advanced comment on proposed
amendments to Chapter 23 prior to this rulemaking. The comment period was open for thirty (30)
days, closing on August 21, 2019. OSSE received comments from two (2) stakeholders and
incorporated this feedback in the first notice of proposed rulemaking, published in the District of
Columbia Register on February 14, 2020 (Vol.67 -No.7, 001563 -001590.) The amendments
included the following: updating language to clarify intent, replacing “LEA” with “school” where
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appropriate, aligning timelines with updated practices, and making amendments to respond to
schools’ need for flexibility around planning and staffing the assessments. No public comments
were received in response to the first notice of proposed rulemaking.

OSSE published a second notice of proposed rulemaking in the District of Columbia Register on
July 25, 2025 (Vol. 72 -No.30, 008263-008291). The test integrity regulations were updated to
better align the rulemaking with computer -based testing , best practices for applying student
accommodations, and compliance requirements for adhering to the Test Integrity Act of 2013 .
OSSE did not receive any public comments in response to this notice of proposed rulemaking.

This final rulemaking makes two minor changes from the second proposed rulemaking: it removes
unnecessary pluralization from § 2304.7 and adds “Section 504 plan” in § 2306.15 to note that
accommodations may be provided pursuant to a student’s Individualized Education Program (IEP)
or Section 504 plan.

On June XX, 2026, the Mayor transmitted the proposed final rules to the Council of the District of
Columbia for its review and approval pursuant to Section 106 of the District of Columbia Testing
Integrity Act, effective October 17, 2013 (D.C. Law 20 -27; D.C. Official Code § 38-771.06)
(“Section 106”) . See Testing Integrity and Security Rulemaking Approval Resolution of 2026
(P.R. 26-XXX). In accordance with Section 106, “If the Council does not approve or disapprove
the proposed rules, by resolution, within the 14 -day review period, the proposed rules shall be
deemed approved.”

[The Council did not take action to approve or disapprove the proposed final rules before the end
of the 14-day review period, and the proposed final rules were therefore deemed approved by the
Council on MONTH DAY, 2026. / The Council voted to adopt the Testing Integrity Rulemaking
Approval Resolution of 2026, and thereby approved the proposed final rules, on ------ ----, 2026.]

The State Superintendent of Education adopted this rule as final on [date]. The rulemaking will
become effective on the date of publication of this notice in the District of Columbia Register.

Chapter 23, STATE-WIDE ACADEMIC ASSESSMENTS , of Title 5 -A DCMR, OFFICE
OF THE STATE SUPERINTENDENT OF EDUCATION, is amended as follows:

New sections 2303 through 2316 are added to read as follows:

2303 TESTING INTEGRITY AND SECURITY: GENERAL PROVISIONS AND
APPLICABILITY

2303.1 Pursuant to the Testing Integrity Act of 2013, effective October 17, 2013 (D.C. Law
20-27; D.C. Official Code §§ 38-771.01 et seq.), and section 3(b)(20) of the State
Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law
13-176; D.C. Official Code § 38-2602(b)(20)), OSSE shall administer and enforce
this chapter to protect the integrity of the statewide assessments an d to ensure that
assessment results are accurate and meaningful.

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2303.2 The requirements set forth in this chapter shall apply to the following:

(a) Local education agencies (“LEAs”);

(b) All schools within the District of Columbia Public Schools and all public
charter schools;

(c) Each statewide assessment administered pursuant to Section 2301;

(d) All students in an assessed grade range, including eligible students currently
receiving education services in a nonpublic school setting; and

(e) All school and LEA personnel and contractors.

2303.3 In addition to the other requirements and restrictions imposed by this chapter , an
LEA, a school, and all authorized personnel shall:

(a) Ensure all secure test materials, including all test materials used to facilitate
paper- and computer -based testing, are secured under lock and key, or
password-protected electronic access, unless another equivalent security
measure for electronic secure test materials is utilized;

(b) Prohibit unauthorized access to all secure test materials and all student
information used or obtained in the administration of a statewide
assessment;

(c) Maintain an inventory of all secure test materials;

(d) Obtain, securely maintain, and securely distribute test materials; and

(e) Cooperate and participate in any OSSE investigation pursuant to § 2313.

2304 TESTING INTEGRITY AND SECURITY: BEFORE THE
ADMINISTRATION OF STATEWIDE ASSESSMENTS

2304.1 (a) OSSE shall annually release test security policies that include:

(1) Test administration requirements for statewide assessments to be
administered during that school year;

(2) Procedures or requirements to ensure test materials are securely
maintained and distributed;

(3) Procedures or requirements to ensure statewide assessments are
administered with fidelity , in a consistent manner, and in
standardized conditions; and
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(4) Lists of prohibited or unapproved electronic devices and materials
or references.

(b) Test security policies issued pursuant to this subsection may expand on the
requirements set forth in this chapter.

2304.2 An LEA shall submit to OSSE the start and end dates for each statewide assessment
its school(s) will administer that year no later than four (4) weeks before the start
of the testing window for the respective statewide assessment.

2304.3 An LEA shall report the name of its LEA test integrity coordinator(s) to OSSE by
October 30 of each school year.

(a) An LEA shall designate staff members to serve in the following authorized
personnel roles with responsibilities as specified below:

(1) One LEA test integrity coordinator for the administration of all
statewide assessments by the LEA , who is responsible for testing
integrity and security for the LEA in its entirety during the
administration of all statewide assessments and who supervises all
of the LEA’s test monitors, test administrators, and proctors ;
provided, that the LEA may also designate up to three (3) additional
individuals to serve as assessment-specific LEA test integrity
coordinators for specific statewide assessments administered within
the LEA, and each such designee shall assume all responsibilities of
the LEA test integrity coordinator for the assessment to which they
are assigned;

(2) No more than three (3) school test monitor s for each school or
campus under the LEA’s control who are responsible for creating
and implementing all aspects of the school test security plan before,
during, and after the statewide assessment at the school or campus
site; coordinating security and maintaining data integrity within
their school or campus; and training all authorized personnel at their
school or campus;

(3) A school technology coordinator for each school to support the
school in appropriately implementing computer -based testing by
preparing the testing platform and the student and test administrator
devices for testing; and

(4) A school special populations coordinator for each school to support
the school in appropriately implementing accommodations and
accessibility features, to have access to those accommodations and
features on all applicable statewide assessments, and to provide
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training to authorized personnel tasked with providing those
accommodations and features to students.

(b) (1) An LEA shall designate school-based staff members to serve as test
administrators.

(2) Test administrators shall , as directed by the school test monitor,
administer the statewide assessment to students. Test administration
responsibilities shall include:

(A) Managing the testing sessions as outlined in the appropriate
Test Administrator manual;

(B) Establishing the testing environment within the test location;

(C) Coordinating the distribution and return of test materials to
and from students;

(D) Ensuring that students receive appropriate accommodations,
as applicable; and

(E) Maintaining the security of all of the test administrator’s test
materials.

(3) Test administrators shall c omply with all the responsibilities and
prohibitions of authorized personnel.

(c) (1) An LEA may also designate individuals , including volunteers,
contractors, or aides, to serve as test proctors.

(2) Test proctors shall, as directed by the school test monitor and test
administrator:

(A) Assist test administrators with clas sroom management
during testing;

(B) Distribute and collect test materials; and

(C) Administer accommodations.

(3) Test proctors shall be under the constant and consistent direct
supervision of a test administrator or school test monitor.

2304.4 Each nonpublic school or program serving a DC student shall designate a nonpublic
school or program test monitor, who is responsible for creating and submitting a
school test plan for the nonpublic school or program site(s) and collaborating with
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the LEA test integrity coordinator(s) at each LEA for which the school or program
serves a student to ensure statewide assessments are administered in compliance
with all applicable federal and District laws and regulations.

2304.5 An LEA shall:

(a) Ensure the LEA test integrity coordinator(s) participate in OSSE’s training
on test security policies and procedures for statewide assessments prior to
LEA-level training of LEA- and school-level authorized personnel;

(b) Ensure all authorized personnel whose duties involve test administration are
trained in state, LEA, and school test security requirements, policies, and
procedures;

(c) Distribute to all authorized personnel of the LEA, including each school
within the LEA and nonpublic special education schools at which students
of the LEA have been placed , OSSE ’s test integrity and test security
notification statement, informing them of the consequences of knowingly
and willingly violating a law, regulation, policy, or school test security plan;

(d) Provide access to secure test materials exclusively to authorized personnel;

(e) Ensure LEA test sites implementing computer-based testing are technology-
ready in accordance with the applicable school test security plans submitted
to OSSE and test-specific technology requirements; and

(f) Ensure that procedures have been established for maintaining secure
assessment technology platforms.

2304.6 Before performing a statewide assessment function, accessing secure test material,
or assisting in the administration of a statewide assessment, all authorized personnel
shall:

(a) Receive OSSE’s test integrity and test security notification statement,
informing them of the consequences of knowingly and willingly violating a
law, regulation, policy, or school test security plan; and

(b) Participate in the required test integrity and security training , provided by
OSSE, the LEA test integrity coordinator, or a school test monitor.

2304.7 Before the administration of a statewide assessment, an LEA shall ensure each
school under its control distributes a notification letter to the parent(s) or
guardian(s) of each of its students that details the statewide assessment(s) to be
administered, including subjects and grade levels /courses assessed, the dates and
times the assessments will be administered in the school, and information about the
provision of accommodations specified in students’ Individualized Education
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Program (IEP) (developed under the Individuals with Disabilities Education Act,
effective April 13, 1970, 84 Stat. 191; 20 U.S.C. § 1400 et seq.), Section 504 plan
(developed under the Rehabilitation Act of 1973, effective September 26, 1973, 87
Stat. 355; 29 U.S.C. § 701 et seq.) and/or English learner plan.

2305 TESTING INTEGRITY AND SECURITY: TEST SECURITY PLANS

2305.1 An LEA shall ensure that each school creates, maintains, and submits a school test
security plan to the LEA for the LEA’s review prior to submission of the plan to
OSSE for review and approval.

2305.2 An LEA shall submit to OSSE, in the form and manner set forth by OSSE, a
separate test security plan for each school or campus within the LEA’s control at
least fifteen ( 15) business days before the administration of each statewide
assessment administered in the LEA.

2305.3 A school test security plan shall include the following:

(a) Procedures for the secure maintenance, dissemination, collection, and
storage of statewide assessment materials before, during, and after
administering a statewide assessment, including:

(1) Keeping an inventory of all materials and identifying individuals
with access to the materials;

(2) Accounting for and reporting to OSSE any materials that are lost or
otherwise unaccounted for; and

(3) Accounting for and securing old or damaged materials;

(b) The name and contact information for the LEA’s test integrity coordinator;

(c) The name and contact information for the test monitor (s) at the school or
campus;

(d) The name and contact information for all authorized personnel at the school
or campus;

(e) The area(s) at the school or campus designated for administering the
statewide assessment;

(f) A list of actions prohibited by authorized personnel beyond the list of
examples set forth in § 2312;

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(g) Procedures pursuant to which students, authorized personnel, and other
individuals may, and are encouraged to, report irregularities in testing
administration or testing security; and

(h) Written procedures for investigating and remediating any complaint,
allegation, or concern about a potential failure of testing integrity and
security consistent with the procedures set forth in this chapter.

2305.4 OSSE shall review each school test security plan and, at least five (5) days before
the school begins the first statewide assessment, either:

(a) Provide recommendations to amend specific provisions of the test security
plan, as necessary and appropriate; or

(b) Approve the school test security plan.

2305.5 A school may not begin the administration of a statewide assessment if OSSE has
not approved a school’s test security plan for that assessment.

2305.6 An LEA shall not add additional assessments to an approved test security plan .
Once the plan is approved , any additional test security plans for additional
assessments must be created separately.

2305.7 OSSE shall maintain a copy of each school’s test security plan on file and make the
plan available to a member of the public upon request , in accordance with federal
and District laws and regulations.

2306 TESTING INTEGRITY AND SECURITY: DURING THE
ADMINISTRATION OF STATEWIDE ASSESSMENTS

2306.1 An LEA shall administer statewide assessments, including monitoring each school
under the LEA’s control , as prescribed in applicable law, regulations, policies,
plans, and test administration manuals and in a manner that upholds the integrity of
testing and accuracy of the data by preventing dishonest and fraudulent behavior
and promoting a fair and equitable testing environment.

2306.2 A school shall administer statewide assessments as prescribed in applicable law,
regulations, policies, plans , and test administration manuals and in a manner that
upholds the integrity of testing and accuracy of the data by preventing dishonest
and fraudulent behavior and promoting a fair and equitable testing environment.

2306.3 An LEA shall ensure that each school under the LEA’s control and authorized
personnel at each such school and the LEA follow the process for resolving
technical difficulties outlined in test administration manuals or any relevant policy
or procedur al guidance and report technical difficulties that impact test
administration to the authorized personnel identified in the relevant school’s test
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security plan and, as needed , to each statewide assessment’s vendor support
personnel.

2306.4 (a) An LEA’s testing environments shall comply with the provisions set forth
in this chapter and policies issued pursuant to § 2304.

(b) The testing environment includes the following conditions, to the extent a
student can see, hear, or access them during testing:

(1) Classrooms and other areas in which testing occurs;

(2) Hallways, stairwells, and bathrooms;

(3) Surfaces, including permanent or temporary fixtures

(4) Equipment;

(5) Furniture;

(6) Posters, signs, wall art, blackboards, whiteboards , projections, and
electronic message boards, and the writing and content thereon;

(7) Lighting; and

(8) Music, sounds, and announcements.

(c) Any information regarding the content being assessed or test -taking
strategies (including word walls and multiplication tables) is prohibited in
the testing environment and shall be removed or covered before the first day
of the statewide assessment admini stration and shall remain removed or
covered for the duration of the statewide assessment administration.

(d) The testing environment shall be configured so that no student may hear or
see another student’s responses.

2306.5 In the exceptional circumstance in which an individual student cannot take the
statewide assessment at the student’s designated school (e.g., due to a restraining
order), the LEA shall submit to OSSE, for OSSE’s approval, a proposed alternate
location where the student will take the statewide assessment . The alternate
location must provide a testing environment that is consistent with the requirements
of this chapter. OSSE may require a site visit, demonstration, and/or memorandum
of agreement as conditions for approval of the alternate location.

2306.6 A school shall ensure that s tudent seating arrangements in the testing area,
regardless of the number of students testing in one session, allow students who are
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engaged in active testing to test independently without distraction or violation of
test security.

2306.7 Test administrators shall adhere to the following when reading the script in the test
administrator manual to students:

(a) Test administrators shall first read the complete script aloud, word for word,
from beginning to end;

(b) Test administrators may thereafter repeat directions in the script , for
emphasis or clarity, as many times as the test administrator deems
appropriate; and

(c) Test administrators shall then ask the students if they have any questions.
If students ask for portions of the script to be re -read or clarified, the test
administrator may do so, but the rereading or clarification must be provided
to the whole testing group.

2306.8 During the administration of a statewide assessment, a test administrator shall only
announce aloud the time updates specified in the assessment -specific test
administrator manual but may provide written time updates at any additional time
intervals.

2306.9 Test administrators and proctors may not at any time engage in activity that would
prevent proper student supervision while secure test materials are being distributed,
while students are testing, while secure test materials are being collected, or at any
other time when secure test materials remain distributed with students. Such
prohibited activity includes grading papers and reading a book, newspaper, or
magazine.

2306.10 An a ccommodation shall not be provided to a student unless it is explicitly
identified in:

(a) A student’s IEP;

(b) A student’s plan developed under Section 504 of the Rehabilitation Act of
1973 (Section 504 plan); or

(c) A student’s approved accommodation plan for an English learner as
required in the Elementary and Secondary Education Act.

2306.11 The use of u napproved electronics by students, test administrators, or proctors is
prohibited during the administration of a statewide assessment, unless the use is
identified as an accommodation for a student as set forth in § 2306.10.

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2306.12 During the administration of a paper-based test, no individual may have a cell
phone in the testing environment at any point during testing.

2306.13 During the administration of a computer-based test, LEA test integrity coordinators,
school test monitors , and school technology coordinators may have and use cell
phones for the sole purpose of coordinating technical support if it is necessary for
a student to complete a test.

2306.14 Authorized personnel shall f ollow the process for resolving technical issues,
including computer-based and online difficulties, outlined in the appropriate test
administrator manual and any relevant policy or procedural guidance.

2306.15 No authorized personnel or other individual may take an action to support a student
to stay on task or focused during an assessment unless the action is authorized in
policies issued by OSSE pursuant to § 2304.1 or is an approved accommodation
per the student’s IEP or Section 504 plan. The support must be provided in a way
that does not impact the content of a student’s answers.

2306.16 (a) No support material may be provided or made available to a student during
an assessment unless the support material is specifically authorized in the
testing manual for the assessment or through an established proce ss
specified by OSSE, such as an approved accommodation per the student’s
IEP.

(b) If support material is permitted by the manual or through an established
process specified by OSSE:

(1) The support material shall be located in a pre -determined location
in the testing room as specified in the school test security plan; and

(2) School test monitors or test administrators shall ensure that the
support materials are appropriate for testing as specified in the
manual or by OSSE prior to testing.

2307 TESTING INTEGRITY AND SECURITY: EXCEPTIONS OR SPECIAL
CIRCUMSTANCES DURING ADMINISTRATION OF STATEWIDE
ASSESSMENTS

2307.1 This section describes allowable exceptions to the test integrity and test security
requirements during administration of statewide assessments outlined in § 2306 and
special circumstances that may impact the administration of statewide assessments
for a student.

2307.2 In addition to the exceptions and special circumstances set forth in this section,
OSSE may issue additional policy and procedural guidance, as necessary and
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appropriate, to address exceptions and special circumstances as they arise during
the administration of statewide assessments.

2307.3 A school may provide administrative consideration s to any student if the school
implements the administrative considerations in the manner and form set forth in
OSSE’s guidance documents. For the purposes of this subsection, administrative
considerations are decisions made about a student’s testing environment such as
frequent breaks, preferred seating, small group testing , and individual testing and
are not accessed through an assessment administration platform.

2307.4 A student who is absent from a testing session that the student was scheduled to
attend may make up the test(s) during the testing window on the specific days and
times identified in the test security plan of the student’s school.

2307.5 A student without an extended time accommodation may not receive extra time to
complete a test, outside of the testing time limits, for a behavioral issue that impacts
testing.

2307.6 A student shall not be allowed to return to a testing session which the student has
impermissibly exited, as defined in the applicable test security policies for each
statewide assessment , except in exceptional circumstances as individually
documented by the school and approved in writing by OSSE. Approval from OSSE
must be obtained prior to the student resuming a session that has been exited.

2307.7 A school may apply to OSSE to exempt a student from testing, using the OSSE -
provided Medical Exemption Request Form, if the student has a medical
emergency, accident, trauma, or illness (mental or physical) that has been
determined by a licensed physician to preclude the student from taking all or part
of a statewide assessment. A medical exemption request resulting from an ongoing
medical condition shall be submitted to OSSE prior to the first day of the statewide
assessment administration at the student’s school. A medical exemption request
resulting from an emergen cy or trauma occurring during the assessment
administration window shall be submitted to OSSE no later than ten (10) business
days after the last day of the statewide assessment window.

2307.8 If there is an emergency requiring evacuation or lockdown of the test environment
during a testing session:

(a) The school shall follow the LEA/school-wide emergency protocol; and

(b) Authorized personnel shall s ecure the assessment materials after student
safety has been assured.

2307.9 The test monitor or designee shall complete an incident report and submit the report
to the LEA test integrity coordinator(s) and OSSE.

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2307.10 A homebound or hospital-tutored student enrolled in a public school in the District
of Columbia must participate in statewide assessments. If circumstances make it
infeasible to test the student at the school, the school test monitor must work with
the LEA test integrity coordinator(s) to determine how the student will participate
in the statewide assessment and notify OSSE in the school test security plan. In all
circumstances, the student’s statewide assessments must be administered by a
trained test administrator.

2307.11 A home-schooled student may participate voluntarily in the statewide assessment.
A parent or legal guardian who wants their student to participate in the statewide
assessment shall notify District of Columbia Public Schools (DCPS) to facilitate
test registration and inclusion in testing plans in accordance with DCPS’ policy for
statewide assessment registration.

2307.12 (a) All public school students enrolled in a grade or course with a required
statewide assessment receiving temporary instruction at a program or
alternative school other than the school at which they are regularly enrolled
(at an “alternative setting”) shall participate in the statewide assessments.

(b) A student in an alternative setting may take an assessment at the school in
which the student is currently enrolled or at an alternate testing site
approved by the school’s LEA test integrity coordinator and OSSE. In all
circumstances, the student’s statewide assessments must be administered by
a trained test administrator.

2307.13 (a) Each LEA must ensure that all students enrolled in a grade or course with a
required statewide assessment at their LEA and schools subject to their
control participate in statewide assessments, including stude nts in
nonpublic settings.

(b) Each nonpublic school or program shall adhere to the Testing Integrity Act
of 2013 and shall:

(1) Ensure that every District of Columbia student enrolled in its school
or program is appropriately included in the statewide assessment
system or alternate assessment approved by OSSE;

(2) Ensure that statewide assessments for each District of Columbia
student are administered according to federal and state law,
regulations, and state policy regarding testing;

(3) Comply with all federal and state law s, regulations, and polic ies
regarding testing and testing integrity;

(4) Comply with all LEA and school-level requirements outlined in this
chapter;
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(5) Create and maintain a school test security plan for their school site
as specified in § 2305;

(6) Work with each student’s LEA of enrollment to ensure that the
nonpublic school test security plan is integrated, reviewed, and
approved by the LEA test integrity coordinator(s) at all District of
Columbia students’ LEAs of enrollment;

(7) Maintain documentation showing that District of Columbia students
completed the statewide assessment;

(8) Provide any requested statewide assessment documentation to a
student’s LEA of enrollment and/or OSSE upon request; and

(9) If there is a test security, irregularity, or data integrity issue, contact
OSSE and the LEA test integrity coordinator(s) at the student’s LEA
of enrollment; and

(c) In an exceptional circumstance in which an individual student receiving
education services in a nonpublic school setting cannot be tested at the ir
school, OSSE shall approve an alternate location where statewide
assessment administration will be conducted. OSSE may require a site visit,
demonstration, and/or memorandum of agreement as conditions for
approval of the alternate location.

2307.14 The following students shall be tested in a one -on-one setting or in a small group
with only students receiving the same accommodation:

(a) Students receiving accommodations that require student speaking ( e.g.,
student reads aloud);

(b) Students receiving a human reader accommodation; and

(c) Students receiving a human scribe accommodation.

2308 TESTING INTEGRITY AND SECURITY: AFTER THE
ADMINISTRATION OF STATEWIDE ASSESSMENTS

2308.1 At the end of each administration of a statewide assessment, the school shall return
or dispose of all secure and non-secure test materials following procedures outlined
in the appropriate testing manuals , regulations, and policies, including the test
security plan.

2308.2 Each LEA test integrity c oordinator (including each assessment -specific test
integrity coordinator of the LEA, if applicable) shall sign a Testing Integrity and
15

Security Affidavit (“TIS Affidavit”) within fifteen ( 15) business days after the
conclusion of the administration of a statewide assessment within their LEA. The
TIS Affidavit shall be in a form established by OSSE. As part of the TIS Affidavit,
each LEA test integrity coordinator shall attest, to the best of their knowledge and
belief, and under penalty of law, whether the LEA and all schools under their
control complied with all applicable laws, regulations, policies , and guidance,
including each school’s test security plan.

2308.3 Each school test monito r shall sign a TIS Affidavit after the conclusion of the
administration of a statewide assessment in their school . As part of the TIS
Affidavit, each school test monitor shall attest, to the best of their knowledge and
belief, and under penalty of law, whether the school complied with all applicable
laws, regulations, policies , and guidance, including the test security plan. The
school shall submit the signed TIS Affidavit to the LEA test integrity coordinator(s)
within ten (10) business days after the conclusion of the administration of each
respective statewide assessment.

2308.4 After the conclusion of each administration of a statewide assessment, LEAs shall
ensure the following:

(a) Within ten ( 10) business days after the conclusion of each statewide
assessment that is administered in the LEA , the LEA test integrity
coordinator shall obtain signed TIS A ffidavits from each of the LEA’s
school test monitors; and

(b) Within fifteen ( 15) business days after the conclusion of each statewide
assessment that is administered in the LEA:

(1) The LEA test integrity c oordinator (and each assessment -specific
test integrity coordinator of the LEA, if applicable) shall sign the
TIS Affidavit required by § 2308.2 on behalf of the LEA; and

(2) The LEA test integrity coordinator shall file with OSSE the TIS
Affidavit from the LEA test integrity coordinator (including each
assessment-specific test integrity coordinator of the LEA , if
applicable) and each of the LEA’s school test monitors.

2309 TESTING INTEGRITY AND SECURITY: RECORD KEEPING

2309.1 Each LEA shall maintain a record of the following items for the LEA and each
school under its control for a minimum of four (4) years . Each record may be
maintained as an electronic file:

(a) OSSE-approved test security plan(s);

(b) Identification of authorized personnel of the LEA and each school;
16

(c) Attendance sheets for LEA-led testing integrity and security training
sessions;

(d) Executed LEA test integrity coordinator and school test monitor TIS
Affidavits;

(e) Documentation of any testing irregularities;

(f) Documentation of any testing integrity and security investigations;

(g) Documentation of any damaged, missing, or misplaced test materials;

(h) Copies of any Plan to Improve School Test Security Policies and Procedures
and any completed Test Security Fact Finding Inquiry documentation; and

(i) Documentation of the implementation of any OSSE sanctions.

2309.2 A school shall create and maintain a hard copy of a t est security file for each
administration of a statewide assessment. The test security file shall be maintained
for a period of at least four (4) years, and shall include at a minimum:

(a) The school’s test security plan;

(b) Documentation of completion of LEA - or school-led testing integrity and
security training sessions for authorized personnel;

(c) A copy of all family notification letters;

(d) Test material chain of custody forms;

(e) Incident reports, if any;

(f) During testing notes, including minor deviations from the school test
security plan; and

(g) Plans to improve school policies and procedures and fact-finding inquiries,
if applicable.

2309.3 A school may also maintain secure electronic files in addition to the required hard
copy and shall ensure that the files are accessible to OSSE upon request.

2310 TESTING INTEGRITY AND SECURITY: TRAINING AND TECHNICAL
ASSISTANCE; MONITORING

17

2310.1 An LEA may request that OSSE provide technical assistance to an LEA or school
regarding testing integrity and security procedures.

2310.2 An LEA shall monitor the administration of statewide assessments in its schools to
ensure that applicable federal and local assessment law, regulations, policies, plans,
and manuals are being followed.

2310.3 OSSE may provide technical assistance to a school or LEA at any time regarding
testing integrity and security procedures , including assistan ce and expertise to
respond to potentially critical incidents during the administration of a statewide
assessment.

2310.4 In order to ensure the security and proper administration of the statewide
assessment, OSSE may conduct announced and unannounced on-site and desktop
monitoring visits at any school or LEA to observe the procedures followed during
test administration.

2310.5 OSSE may enter testing rooms during test administration to observe students and
test administrators to determine whether:

(a) Test materials are stored properly;

(b) Test administrators are administering tests appropriately; and

(c) The testing environment is secure.

2310.6 OSSE may audit statewide assessment administration procedures at randomly
selected schools and at targeted schools to ensure adherence to all applicable laws,
regulations, and policies.

2310.7 OSSE may use statistical and audit procedures to:

(a) Review and audit both test score data and individual test documents for
potential anomalies; and

(b) Audit vendor -provided testing records to ensure appropriate test
participation and administration procedures are followed.

2311 TESTING INTEGRITY AND SECURITY: REQUIRED REPORTING

2311.1 Authorized personnel of an LEA or school shall notify the school test monitor, the
LEA test inte grity coordinator and OSSE as soon as the LEA or school becomes
aware of any alleged or suspected violation of the security or integrity of a statewide
assessment. The notification to OSSE shall be provided by the LEA test integrity
coordinator through OSSE’s incident reporting system or process.

18

2311.2 Authorized personnel of an LEA or school shall, in a timely manner, report all
testing irregularities to the school test monitor, LEA test integrity coordinator, or
OSSE, as appropriate and consistent with the standards, policies, and statewide
requirements for testing integrity and security.

2311.3 Authorized personnel shall report technical issues that significantly impact test
administration to the school test monitor, LEA test integrity coordinator, or OSSE
as appropriate and consistent with the standards, policies, and statewide
requirements for testing integrity and security, through OSSE’s prescribed incident
reporting process.

2311.4 Individuals other than LEA test integrity coordinators may report suspected testing
irregularities directly to OSSE by phone or online via OSSE’s Online Test Security
Incident Reporting Form.

2311.5 (a) School staff who witness or believe that a test irregularity or violation
occurred must report it as soon as possible but no later than twenty-four (24)
hours after the alleged violation occurred.

(b) Potential irregularities or violations may be reported directly to the school
test monitor or the LEA test integrity coordinator(s); to OSSE’s Division of
Data, Assessment, and Research (DAR); anonymously to the LEA test
integrity coordinator(s); or anonymously online using OSSE’s Online Test
Security Incident Reporting Form. LEA test in tegrity coordinator(s) shall
submit reports of any test security violations reported to a school test
monitor or LEA test integrity coordinator to OSSE.

2312 TESTING INTEGRITY AND SECURITY: VIOLATIONS

2312.1 A violation is any incident or action, intentional or otherwise, that threatens the
security or integrity of the administration of the statewide assessment or the results
of the assessment, including the following, as defined in section 2399:

(a) Breach;

(b) Cheating;

(c) Compromise;

(d) Irregularity;

(e) Misconduct; or

(f) Test piracy.

2312.2 Examples of specific violations include:
19

(a) The following list of prohibited actions as defined in D.C. Official Code §
38-771.03(a)(4):

(1) Photocopying, or in any way reproducing, or disclosing secure test
materials or other materials related to statewide assessments;

(2) Reviewing, reading, or looking at secure test materials or student
responses before, during, or after administering the statewide
assessment, unless specifically permitted in the test administrator’s
manual;

(3) Assisting students in any way with answers to test questions using
verbal or nonverbal cues before, during, or after administering the
assessment;

(4) Altering student responses in any manner;

(5) Altering the test procedures stated in the formal instructions
accompanying the statewide assessments;

(6) Allowing students to use notes, references, or other aids, unless the
test administrator’s manual specifically allows;

(7) Having in one’s personal possession secure test materials except
during the scheduled testing date;

(8) Allowing students to view or practice secure test materials before
or after the scheduled testing time;

(9) Making or having in one’s possession an answer key for a
statewide assessment before the administration of that statewide
assessment; except, that it shall not be prohibited to have an
answer key for a statewide assessment that has already been
administered and released by OSSE;

(10) Leaving secure test materials in a non-secure location or
unattended by authorized personnel; and

(11) Using unapproved electronics during the administration of a
statewide assessment;

(b) School- or LEA-level coordination or facilitation of prohibited actions as
defined in D.C. Official Code § 38-771.03(a)(4); and

20

(c) Assisting in the violation of, soliciting another to violate or assist in the
violation of, or failing to report a violation of test security and test
integrity policies or procedures.

2312.3 The following actions by authorized personnel shall not be considered violations:

(a) Actions necessary to provide an accommodation to an eligible student as set
forth in § 2306.12; or

(b) Actions pursuant to § 2306.16 that are limited to supporting students to stay
on task and focused and do not impact the content of students’ answers.

2313 TESTING INTEGRITY AND SECURITY: INVESTIGATIONS

2313.1 An LEA shall fully cooperate and participate in any OSSE investigation.

2313.2 Upon its own initiative, or upon receipt of information alleging a violation of any
applicable law, regulation, or policy relating to testing integrity and security, OSSE
may initiate an investigation to ensure that assessment results are valid and
trustworthy and to determine whether a violation occurred.

2313.3 Investigations may be conducted directly by OSSE or by an entity or individual
authorized by OSSE.

2313.4 OSSE may initiate an investigation before, during, or after the administration of a
statewide assessment.

2313.5 An LEA shall ensure that all relevant authorized personnel of the LEA and its
schools are made available to cooperate and participate in the investigation.

2313.6 OSSE may initiate an investigation if:

(a) OSSE identifies potential noncompliance; or

(b) OSSE receives a report or complaint alleging a violation of the laws,
regulations, and policies relating to testing integrity and security.

2313.7 OSSE may initiate an investigation in other circumstances, including if:

(a) An incident is reported from a monitoring visit during testing
administration;

(b) An LEA or school conducts its own investigation of a testing concern or
potential violation instead of immediately reporting the concern or potential
violation to OSSE;

21

(c) An abnormality or statistical anomaly is detected in the test response data
of one or more groups of students in a school;

(d) Data forensics identify unusual year-to-year changes in test scores;

(e) Inappropriate assessment practices are identified at a school or LEA;

(f) Information derived from social media indicates a potential violation;

(g) OSSE receives an incident report, support ticket, or anonymous report
indicating that a violation may have occurred;

(h) OSSE identifies a potential violation through a review of test administration
practices;

(i) A media report indicates a violation;

(j) Monitoring reports prepared by OSSE or a designee of OSSE indicate that
a violation may have occurred; or

(k) A school or LEA is identified through random selection.

2314 TESTING INTEGRITY AND SECURITY: INVESTIGATION PROCESS

2314.1 If OSSE determines an investigation is appropriate, OSSE shall notify the LEA in
writing that OSSE is initiating an investigation. The notification shall:

(a) State the circumstance(s) that triggered the investigation;

(b) Identify the following information, as applicable to the investigation:

(1) The school(s) to be investigated and the assessment(s) under
investigation;

(2) The grade level(s) and subject(s) of the assessment(s) under
investigation;

(3) Relevant details regarding the administration of the assessment(s)
under investigation; and

(4) The impacted student(s), proctor(s), and test administrator(s).

2314.2 An investigation initiated by OSSE includes the following two (2) phases:

22

(a) An inquiry conducted by the LEA, in the form and manner set forth by
OSSE or OSSE’s designee. The LEA inquiry shall include the following
steps:

(1) The LEA shall collect any documents requested by OSSE, and if
any of the requested documents are not provided, the LEA shall
provide a written explanation why the documents were not
provided; and

(2) The LEA shall conduct interviews with the following individuals,
as applicable, and submit completed interview documentation to
OSSE:

(A) School test coordinator;

(B) Special populations (accommodations) coordinator;

(C) Technology coordinator;

(D) Student(s);

(E) Proctor(s); and

(F) Test administrator(s); and

(b) An OSSE review, which shall include the following:

(1) A comprehensive examination of the documents, data, information,
and evidence provided through the LEA inquiry;

(2) The collection and review of additional relevant documents, and the
conduct of additional interviews, as appropriate;

(3) A r eview of any OSSE records that may be relevant to the
investigation; and

(4) A determination of whether a violation occurred.

2314.3 If there is an allegation of a violation that involved school - or LEA -level
coordination or participation, the investigation shall not include an LEA inquiry
phase, unless otherwise approved by OSSE . If an LEA inquiry is not conducted,
OSSE, or an OSSE designee, shall collect the relevant documents and conduct the
relevant interviews.

2314.4 During the LEA inquiry phase of the investigation, the LEA shall:

23

(a) Designate two (2) LEA employees as the LEA factfinders . Neither of the
LEA factfinders shall have served a direct role in the oversight of testing
integrity and security at the school or LEA, provided that, if the LEA cannot
identify two (2) eligible employees, the LEA shall notify OSSE, and OSSE
may appoint factfinders as deemed appropriate;

(b) Submit the names, titles, and contact information of the LEA factfinders to
OSSE within two (2) business days of OSSE providing notice to the LEA
that OSSE is initiating an investigation;

(c) Ensure the LEA factfinders complete any training required by OSSE to
conduct the LEA inquiry; and

(d) Conduct the LEA inquiry in the form and manner set forth by OSSE.

2314.5 Upon reviewing documents and information submitted by an LEA , OSSE may
request additional documents , information, or interviews at any time during the
LEA inquiry.

2314.6 An LEA shall provide requested information and complete the LEA inquiry in
accordance with timelines determined and communicated by OSSE.

2315 TESTING INTEGRITY AND SECURITY: SANCTIONS AND
CONSEQUENCES FOR VIOLATIONS

2315.1 An individual person, school, or LEA shall be subject to the penalties and sanctions
set forth in this section if, based upon the investigation, OSSE determines that the
individual, school, or LEA violated a provision outlined in this chapter or otherwise
acted in a way that threatened the security or integrity of a statewide assessment
administered pursuant to § 2312.

2315.2 If OSSE determines that a violation occurred, OSSE shall determine an appropriate
sanction or consequence based on the following factors:

(a) The seriousness of the violation;

(b) The extent of the violation;

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

(d) The role the school ’s or LEA’s leadership played in the violation, if
applicable;

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

24

(f) The action taken by the school or LEA after the violation was reported to
OSSE;

(g) The LEA’s history of non-compliance; and

(h) Consistency of the sanction or consequence with past OSSE-imposed
sanctions or consequences.

2315.3 The following sanctions may be imposed by OSSE against an LEA or school that
OSSE has determined committed a violation of the Testing Integrity Act of 2013,
this chapter, or a test security plan:

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

(b) An administrative fine of not more than ten thousand dollars ($10,000) for
each violation;

(c) The invalidation of test scores; and

(d) Consequences pursuant to section 2315.5, as determined appropriate by
OSSE.

2315.4 The following sanctions may be imposed by OSSE against a n individual who
knowingly and willfully violates, assists in the violation of, solicits another to
violate or assist in the violation of, or fails to report a violation of test security and
test integrity policies or procedures:

(a) Denial, suspension, revocation, cancellation, or restrictions o f the issuance
or renewal of a teaching or administrative credential or teaching certificate
issued by OSSE, or both;

(b) Payment of expenses incurred by the school, LEA, or OSSE as a result of
the violation, including the expenses of investigating the violation and the
expenses associated with developing, in whole or in part, a new assessment;

(c) An administrative fine, not to exceed one thousand dollars ($1,000) for each
violation; and

(d) Other sanctions , pursuant to section 2315, as determined appropriate by
OSSE.

2315.5 If OSSE finds that a violation occurred and determines that the sanctions outlined
in sections 2315.3 and 2115.4 are not appropriate or not adequate , OSSE may
25

impose the following consequences as appropriate to the nature and circumstances
of the violation(s):

(a) Invalidation of student(s) test results;

(b) Stopping testing;

(c) Voiding test score(s);

(d) Requiring additional training; and

(e) Requiring other corrective actions as determined appropriate by OSSE.

2315.6 Even if OSSE does not determine that a violation occurred, OSSE may impose a
corrective action plan and require a school or LEA to demonstrate compliance with
a corrective action plan to address any irregularities or concerns found during an
investigation. The corrective action plan may include specific strategies, processes,
or procedures, that the school or LEA must take to help ensure valid and secure
administration of statewide assessments by the school or LEA.

2315.7 In addition to any sanctions, consequences, and corrective action plans imposed by
OSSE, an LEA or school may impose its own sanctions, consequences, corrective
action plans , and disciplinary actions , including termination of LEA or school
employee(s).

2315.8 (a) After OSSE completes an investigation, it shall provide to each individual,
school, and LEA that was under investigation a written notice of OSSE’s
findings and conclusions and shall provide an opportunity for review and
comment to each such individual, school, and LEA.

(b) If OSSE determines that no violation occurred, the notice shall:

(1) State that OSSE’s investigation determined that a violation did not
occur; and

(2) Offer technical assistance or a corrective action plan, if appropriate,
to avoid the appearance of potential violations in the future.

(c) If OSSE determines that an individual, school, or LEA committed a
violation, the notice shall:

(1) State the violation;

(2) Describe OSSE’s findings and conclusions underlying the
determination that a violation occurred; and

26

(3) Notify the school or LEA that it has ten (10) calendar days from the
date the written notification is issued to request an administrative
review of OSSE’s findings, conclusions, and determination.

(d) If OSSE determines that a n individual committed a violation, OSSE shall
also provide notice to the relevant school and LEA of the violation.

2316 TESTING INTEGRITY AND SECURITY: RECONSIDERATION OF A
FINDING OF NON-SANCTIONABLE VIOLATION

2316.1 An individual, LEA, or school may request that OSSE reconsider a determination
that a non -sanctionable violation occurred within thirty (30) calendar days after
OSSE provides notice of its determination pursuant to section 2315.

2316.2 A request for reconsideration shall be submitted to OSSE in writing, in a form and
manner set forth by OSSE, and shall, at minimum, include the following:

(a) A specific and detailed basis or bases for contesting OSSE’s findings,
conclusions, or determination;

(b) The specific relief requested; and

(c) Two (2) copies of all documentary evidence supporting the individual’s,
LEA’s, or school’s positions.

2316.3 If the request for reconsideration is based in whole or in part on new or additional
evidence not previously provided to OSSE , the written request shall demonstrate
that the new or additional evidence is relevant and material, and explain why the
new or additional evidence was not reasonably available and provided to OSSE
before OSSE issued its notice of determination.

2316.4 After receiving a request for reconsideration, the State Superintendent, or an OSSE
employee designated by the State Superintendent or the State Superintendent’s
delegee, shall review the request . An OSSE employee designated to review the
request shall not have had any direct involvement or participated in the
investigation or the determination of a violation.

2316.5 The State Superintendent or designated OSSE employee (the “ deciding official”)
shall deny a request for reconsideration if, based on the preponderance of the
evidence, the deciding official finds:

(a) No material departure from the procedures outlined in this chapter occurred
during the investigation that substantively impacted the findings ,
conclusions, or determinations;

27

(b) No member of the investigation team had a conflict of interest or ethical
breach during the investigation that substantively affected the integrity of
the investigation;

(c) The finding s, conclusions, and determinations of OSSE are substantially
supported by the information and facts determined through the
investigation; and

(d) Either:

(1) The new or additional evidence provided by the individual, school,
or LEA, if any, is not relevant and material; or

(2) The new or additional evidence was reasonably available to the
individual, school, or LEA, before OSSE issued its notice of
determination.

2316.6 The deciding official shall remand the matter to OSSE to conduct a new or updated
investigation or take other appropriate action if, based on the preponderance of the
evidence, the deciding official finds:

(a) A s ignificant or material departure from the procedures outline d in this
chapter occurred during the investigation that substantively impacted the
findings, conclusions, or determinations;

(b) New or additional evidence was discovered that previously was not
reasonably available to the LEA and that is relevant and material to a finding
of a violation; or

(c) A member of the investigation team had a conflict of interest or there was
another ethical breach during the investigation that substantively affected
the integrity of the investigation.

2316.7 The deciding official’s decision granting, denying , or remanding the request for
reconsideration shall be in writing.

Section 2399, DEFINITIONS, is amended to read as follows:

2399 DEFINITIONS

2399.1 When used in this chapter, the following terms and phrases shall have the meanings
ascribed:

Accommodation – an a djustment to the testing conditions, test format, or test
administration to provide equitable access during assessments for students
with disabilities and students who are English learners.
28

Authorized personnel – an individual who has access to statewide assessment
materials or is directly involved in the administration of a statewide
assessment.

Breach – an event, intentional or unintentional, that results in the inappropriate
exposure of secure test materials or answers that could potentially impact
the accuracy of the test results.

Cheating – educator, student, or other individual’s misconduct or impropriety that
includes intentional misbehavior or an unethical action meant to influence
test results (e.g., overtly or covertly providing correct answers on tests;
copying an answer from another test sheet; erasing and changing students’
answers; filling in answers left blank by students; falsifying student
identification information; imposing exclusionary discipline for the purpose
of excluding a student with poor academic performance from completing
an assessment; cueing students to incorrect answers ; distributing formula
cheat sheets; providing unauthorized extra time to complete an assessment).

Compromise – intentional or unintentional action that may impact the security of
test materials or integrity of results. An example is leaving secure test
materials unattended, even if they are not accessed by unauthorized
individuals.

Invalidation – the act of omitting test results and student responses from the
testing, reporting, and accountability systems for a given testing event for
which the student may not retest.

Irregularity – an unexpected event that may impact the validity of one or more
student tests (e.g., misadministration of accommodations, student
inadvertently logs into an assessment with another student’s credentials) or
significantly disrupts the testing environment (e.g., fire alarm, power or
internet outage).

Misconduct – misbehavior during testing, such as inappropriate proctoring or other
violations of standard testing protocol.

OSSE – the Office of the State Superintendent of Education.

Proctor – an individual designated by an LEA or school who assists in assessment
administration under the constant and consistent direct supervision of a test
administrator.

Public charter school – a public school in the District of Columbia that is chartered
by an eligible chartering authority.

29

Public school – a school within the District of Columbia Public Schools system or
a public charter school.

Secure test materials – as defined in D.C. Official Code § 38-2602(b)(20)(O)(iii-
I), secure test materials are test materials that might contain or provide
access to assessment content, such as information about test questions or
answers, including test questions, passages, or performance tasks, answer
documents, and used scratch paper.

State Superintendent – the State Superintendent of Education for the District of
Columbia.

Statewide – Districtwide.

Statewide assessment – Districtwide assessment as defined in D.C. Official Code
§ 38-771.01(2).

Test administrator – a school-based staff member designated by the LEA who
qualifies as authorized personnel and who is responsible for administering
a statewide assessment to students.

Test administrator manual – an assessment -specific and vendor -developed
manual published and shared with LEAs and schools by OSSE that provides
required instructions applicable to test administrators necessary for the
administration of a statewide assessment, as well as the required procedures
and protocols for test security and administration.

Test monitor – a person who qualifies as authorized personnel and is responsible
for testing integrity and security at a school during the administration of a
statewide assessment.

Test materials – secure and non-secure documents used in or for the administration
of a statewide assessment.

Test piracy – stealing of test forms, items, prompts, or other secure test materials,
often for the purpose of selling the materials to others.

Testing window – the particular dates scheduled for an LEA or school to
administer a statewide assessment. The testing window for each statewide
assessment is specified by OSSE.

Unapproved electronics – a technological device not authorized by OSSE that is
used by a student, test administrator , or proctor to take or administer a
statewide assessment.

Government of the District of Columbia
Office of the Chief Financial Officer

Glen Lee
Chief Financial Officer

1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727 -2476
www.cfo.dc.gov
MEMORANDUM

TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia

FROM: Glen Lee
Chief Financial Officer

DATE: March 17, 2026

SUBJECT: Fiscal Impact Statement – Testing Integrity and Security Rulemaking
Approval Resolution of 2026

REFERENCE: Proposed Draft Resolution, Introduction as provided to the Office of
Revenue Analysis on March 13, 2026

Conclusion

Funds are sufficient in the fiscal year 2026 through fiscal year 2029 budget and financial plan to
implement the proposed resolution.

Background

The proposed resolution approves the final rules issued by the Office of the State Superintendent of
Education (OSSE) that establish minimum requirements to protect the integrity of statewide
educational assessments and establish a process for conducting investigations. Specifically, the rules
establish:
• Security and access controls for test materials;
• Roles and responsibilities for all staff involved in assessments;
• Planning and notification procedures for assessment s, including communication with
parents;
• Mandatory reporting and investigation of any suspected or actual violations of security
policies;
• Penalties for violations, including fines, test invalidation, credential revocation, and required
training;
• Records retention policies; and
• A process to appeal or reconsider findings.
.
The Honorable Phil Mendelson
FIS: “Testing Integrity and Security Rulemaking Approval Resolution of 2026 ,” Proposed Draft Resolution as
provided to the Office of Revenue Analysis on March 13, 2026
Page 2 of 2

Financial Plan Impact

Funds are sufficient in the fiscal year 2026 through fiscal year 2029 budget and financial plan to
implement the proposed resolution. OSSE and Local Education Agencies can implement new testing
integrity and security rules with existing resources. No additional resources are required to
implement the proposed resolution.

1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004
Phone (202) 262-6402 Email: adele.el-khouri@dc.gov

GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL

BRIAN L. SCHWALB PRIVILEGED AND CONFIDENTIAL
ATTORNEY GENERAL ATTORNEY-CLIENT COMMUNICATION

LEGAL COUNSEL DIVISION

MEMORANDUM

TO: Carol P. Epstein
General Counsel
Office of the State Superintendent of Education

FROM: Adele El-Khouri
Deputy Attorney General
Legal Counsel Division

DATE: June 18, 2025

SUBJECT: Legal Sufficiency Review of Second Notice of Proposed Rulemaking for Statewide
Academic Assessment Integrity Minimum Requirements
(AR-25-096)
_____________________________________________________________________________________

This memorandum responds to your request that the Office of the Attorney General conduct a legal
sufficiency review of the above-referenced rulemaking.

The first notice of proposed rulemaking was published in the DC Register on February 14, 2020 (Vol.67-
No.7, 001563-001590.) No public comments were received between February, 24 2020 and now.

This second proposed rulemaking will add additional sections 2303 to 2316 Chapter 23 (State -Wide
Academic Assessments) in Title 5 (Education), Subtitle A (Office of the State Superintendent of
Education).1 The purpose of this rulemaking is to set forth the minimum requirements to protect the integrity
of the statewide assessments and to ensure that results are accurate and meaningful. OSSE’s stated goal is
for schools and Local Education Agencies to deliver a uniform and equitable statewide assessment program.
For assessments to yield fair and accurate results, the assessments must be administered in consistent and
standardized conditions, and the best way to ensure that occurs is to ensure all teachers and administrators
understand and recognize acceptable and unacceptable assessment practices and protocols.

1 The rulemaking would add/amend sections 2303, 2304, 2305, 2306, 2307, 2308, 2309, 2310, 2311, 2312, 2313, 2314, 2315, 2316, and
2399 of Chapter A23 (State-Wide Academic Assessments) of Title 5 (Education) of the District of Columbia Municipal Regulations.

2

There are two specific issues we discussed with you that we would like to memorialize here. First,
because section 2308.3 requires test-by-test affidavits but does not mention the year-end affidavits
required by D.C. Official Code 38-771.02(b), we confirmed with you that these test-by-test affidavits
were intended to run alongside, not in place of, the statutory year-end affidavits. Second, the revised
rulemaking omits language from the original draft that would have sent administrative appeals under these
rules to the Office of Administrative Hearings, since, under D.C. Official Code 2-1831.03(c), adding
cases to OAH’s jurisdiction by means other than a statutory amendment would require a joint agency-
Mayor-OAH agreement that has not been negotiated at this time.

The rulemaking, which incorporates changes we recommended and that you approved, is legally sufficient.
I have attached a rulemaking transmittal form for your use. You should submit the notice of final rulemaking
to the Office of Documents and Administrative Issuances without coming back to us for certification, unless
(1) there are changes to the substance of the rulemaking we reviewed or (2) there are comments that
question the legality of the rulemaking. If you have any questions regarding this memorandum, please
contact Anne R. Hollander, Senior Assistant Attorney General, Legal Counsel Division, at (202)724-5560,
Joshua A. Turner, Assistant Attorney General, Legal Counsel Division, at (202)442- 9834, or me at (202)
262-6402.

AME/arh/jat