The NMTA is the primary PED-approved teacher test for the
state of New Mexico. It was developed by the test administrator under contract
with the PED to help identify candidates for educator licensure who have
demonstrated the level of knowledge and skills necessary for performing the
duties of a teacher in New Mexico's public schools. The PED holds the exclusive
copyright on the NMTA. As such, the PED must safeguard not only the copyright
but also the confidentiality of the NMTA. Any testing applicant who timely
requests a meeting or a hearing as permitted by this rule shall have only
limited access to the questions and answers of the applicant's NMTA or related
materials.
A. Given the proprietary
nature of the NMTA or related materials, under no circumstance shall a testing
applicant's disputed or undisputed NMTA be released to a testing applicant,
attorney, representative, or the general public.
B. Upon request made to the director, a
testing applicant, and an attorney, or representative shall be given as much
access to the applicant's disputed or undisputed NMTA or related materials as
is deemed reasonably necessary by the director, or hearing officer as the case
may be, to prepare for pending meeting or hearing.
C. Anyone given permission to view a testing
applicant's disputed or undisputed NMTA or related materials, must sign a
confidentiality agreement offered by the PED. An NMTA or related materials may
only be viewed during routine office hours of the PED under supervision of a
PED employee and on the PED premises. No NMTA or related materials may be
written on, marked, electronically copied, hand-duplicated, or otherwise
removed from the premises of the PED. The form, subject matter, substance and
wording of any NMTA test question or answer may also not be removed from the
premises of the PED nor may they be further disclosed in any other way. A
person granted permission to review the materials covered by this section may
not bring any manual or electronic copying devices to the location where the
materials are offered. Such copying devices referred to in the preceding
sentence shall include but not be limited to cameras, camcorders, tape
recorders, writing utensils, hand-held computers, paper, briefcases, etc. The
said confidentiality agreement shall accomplish this as well as other
test-security goals. Anyone who enters the PED premises to review the materials
covered by this section and who violates or attempts to violate any protected
security measure may, at the discretion of the PED, be removed from the
premises and be considered to have forfeited any additional access to an
applicant's disputed or undisputed NMTA or related materials.
D. The original or copy of any NMTA or
related materials used as evidence at any meeting or hearing shall also be
subject to confidentiality by all attendees and participants. Accordingly, all
such meetings or hearings shall be closed to the public.
