All schools, including virtual programs, shall maintain a chain of custody that identifies authorized staff members and tracks the movement of secure test materials from one location to another.

A. Storing and handling of standardized test material.
(1) Standardized test material, including student test tickets for online testing, shall be counted, inventoried, and stored in a secure, locked location with limited access.
(2) Space permitting, standardized test material shall be stored in sealed containers in a secure area.
(3) Standardized test materials, as directed by the department, shall be disposed of by either shredding or returning such materials to the test vendor.
(4) Virtual programs shall document a chain of custody that includes secure storage and handling of all test administration equipment and materials from the designated delivery of vendor materials to the designated testing locations of all students eligible for testing.
B. Accessing standardized test material.
(1) Access to standardized test materials, including student test tickets for on-site, online testing, shall be restricted, limited, and controlled.
(2) Personnel with access to standardized test materials shall be designated by the superintendent or charter administrator.
(3) The removal of standardized test materials from their secure, locked location for the purposes of test administration and submittal at the close of the test administration window shall be logged and recorded. Records shall:
(a) identify the individual who removed standardized test materials;
(b) identify the name(s) and identifying number(s) of the standardized test materials that were removed;
(c) identify the number of standardized test materials that were removed;
(d) identify the date the standardized test materials that were removed;
(e) include documentation of any standardized test materials taken off school grounds and their return;
(f) be maintained for at least five calendar years; and
(g) be made available for review by the department upon request.
C. Administration of standardized tests.
(1) Only licensed school instructors, counselors, student success advisors, administrators, and instructional support providers shall administer a standardized test.
(2) Substitutes, educational assistants, school nurses, and coaches shall not administer standardized tests unless the individual additionally holds valid licensure to serve as a teacher, counselor, student success advisor, administrator, or instructional support provider.
(3) Educational assistants may be permitted to support testing accommodations for one-on-one and small group testing under the supervision of a test administrator.

Educational assistants administering accommodations shall:

(a) meet the requirements stated in NMAC;
(b) receive the written approval of the DTC;
(c) be under the supervision of a test administrator as defined in Subsection H of NMAC; and
(d) not support accommodations for a group larger than five students.
(4) Training shall be provided to all persons who administer or proctor a standardized test. Individuals shall not be permitted to administer or proctor a standardized test without first completing training in accordance with the timelines, topics, and materials designated by the department.
(a) Sign-in forms listing training topics, printed name, and signature shall be maintained as a record by date to identify all individuals who have completed the district or charter training in test security, practice materials, and administration of standardized tests.
(b) Each sign-in record shall be maintained for at least five calendar years and be made available for review by the department upon request.
(5) The ratio of test administrators to students shall not exceed 25 students per test administrator.
(a) Tests may be administered to no greater than 30 students per test administrator if, at a minimum, an additional test administrator or test proctor is present for the duration of the test.
(b) At no point shall the number of students tested simultaneously and in the same location exceed 30 students without the presence of at least two test administrators or one test administrator and one test proctor.
(6) Test proctors shall be utilized to support the following:
(a) gathering of missing supplies;
(b) assistance with medical situations; and
(c) monitoring of the testing environment in the presence of a test administrator.
(7) All mandatory statewide assessments, including those administered to students in fully virtual or hybrid programs, shall be administered in person, on site, by a test administrator on school premises or at an official district designated location.
(8) Test administrators shall prepare and manage the environment for on-site, in-person, online testing to ensure that students look only at their individual computers.
D. Prohibited practices. The following practices shall be prohibited:
(1) changing a student's standardized test answers, erasing double-marked or lightly erased or lightly marked answers, or directing or suggesting that a student change a standardized test answer;
(2) providing students with a review of specific standardized test items, specific standardized test items with minor changes in settings or numbers, verbal or written restatements or paraphrasing of standardized test items, specific vocabulary from standardized test directions or standardized test items, or answers before, during or after a standardized test;
(3) discussing, photocopying, or reproducing in any other fashion including paraphrasing, any portion of a standardized test or student responses;
(4) affording any student under a standardized administration extra time to complete a timed subtest, unless permitted as an accommodation in the student's IEP, 504 plan, or English learner plan;
(5) reading standardized test items aloud to students unless required in a specific standardized test or unless required as an accommodation in the student's IEP, 504 plan, or English learner plan;
(6) permitting students during a standardized test to have on or near their desk or on their person, any unauthorized items, including scrap paper, tablets, laptop computers without secure browsers, cell phones with or without cameras, cameras, calculators, calculator watches, smart watches, media players, headphones, wireless earbuds, backpacks, and rulers unless any of these are required or permitted by standardized test instructions;
(7) permitting students to observe standardized test vocabulary words with definitions, addition or multiplication tables (in various forms), spelling words on the standardized test, or similar assistance material during the administration of the standardized test;
(8) permitting students to talk, become disruptive, or exchange any test materials;
(9) permitting students to begin a subtest, leave the testing room, and return to finish the subtest;
(10) permitting students to enter a testing room after the standardized test has already commenced;
(11) permitting standardized test material to remain unattended in an unlocked room;
(12) taking standardized test material off campus unless specifically authorized by the DTC;
(13) displaying or failing to conceal visual aids that may assist students in the testing room;
(14) administering a standardized test to immediate family members or relatives including children, stepchildren, siblings, nieces, nephews, or grandchildren;
(15) teaching from, possessing, or in any way disseminating a photocopy or other reproduced or paraphrased standardized test or portion of a standardized test;
(16) copying copyrighted test preparation materials for the purpose of distribution;
(17) coaching or otherwise inappropriately assisting with the selection or writing of student answers; and
(18) accessing secure, online testing portals with unassigned log-in information


N.M. Code R. § NMAC - N, 09-28-01; A, 11-13-09, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 12/27/2018, Amended by New Mexico Register, Volume XXXIV, Issue 15, August 15, 2023, eff. 8/15/2023

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