Sec. 126-14-3 - Definitions

§ 126-14-3. Definitions

3.1. Accommodations. Changes in the administration of an assessment that do not affect what is intended to be measured by the assessment or the meaning of the resulting scores. Types of accommodations include scheduling, timing, presentation format, and response mode. Allowable accommodations and the process of monitoring are in the West Virginia Department of Education's (WVDE) Guidelines for Participation in West Virginia State Assessments (Participation Guidelines), located on the WVDE's website, and applicable administration manuals.

3.2. Aide. A person who meets or exceeds the qualifications of Aide II pursuant to W. Va. Code § 18A-4-8i(9),is hired to work with students with exceptionalities in an instructional setting, has been trained as an examiner, and has been pre-approved by the WVDE to serve as an examiner for the assigned students.

3.3. Alternative Education Program. Asdefined by W. Va. 126CSR99, WVBE Policy 4373, Expected Behavior in Safe and Supportive Schools (Policy 4373), a temporary authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structure and in adult life without positive interventions.

3.4. Building Level Coordinator. An individual designated by a principal to assist him/her with the administration of any assessments included in the WV-MAP and who meets the requirements outlined in § 5.2.b.2.

3.5. Career Technical Education (CTE) Technical Assessment. A technical assessment of specific career technical skills and knowledge. Upon completion of a state-approved CTE program of study, students are required to complete a CTE technical assessment as identified in the State's federal Carl D. Perkins plan.

3.5.a. Each CTE director shall designate an individual to serve as the building level coordinator for any center or school that houses a state-approved CTE program of study to oversee all aspects of implementing the technical assessment.

3.6. Cheating. A willful or intentional act of dishonesty by an administrator, teacher, examiner, or student that has an impact on and/or jeopardizes the integrity and/or validity of the test or the accuracy of the test results. Cheating may occur at any point in the testing process, by altering records, or through the use of unauthorized electronic devices. Cheating will result in the invalidation of test scores and tests as per the recommendation of the investigative team and the determination of WVDE. Cheating may result in a loss of licensure/certification for employees as per § 8.8.

3.7. Computer Adaptive Test (CAT). An interactive test that adapts to the student's level of ability and selects questions based on the student's response to previous questions.

3.7.a. Fixed Form Test. A static test where every test taker receiving that form receives the same questions. A fixed form test can be delivered on paper or computer.

3.8. Copyright Infringement. The retention, reproduction, or paraphrasing in any manner of secure test material in paper or electronic format, including test booklets, answer sheets, or online submissions. Copyright infringement may result in a loss of licensure/certification as per § 8.8.

3.9. Criterion-Referenced Test (CRT). An assessment that measures a student's achievement of a specified set of criteria.

3.10. District. Any entity recognized by the WVBE as a local education agency(LEA) (e.g., county, West Virginia Schools for the Deaf and the Blind, Office of Diversion and Transition Programs facilities).

3.11. District Personnel. Any person employed in any manner by a district, including all public school personnel.

3.12. District Test Coordinator. The individual within a district who manages the WV-MAP assessment program for that district and who has completed training in administering the testing instruments used in this program.

3.13. ESEA Public Law 114-95, as amended by ESSA (2015). The federal law that requires school districts to be accountable for teaching children in order for those districts to continue receiving federal funds.

3.14. English Learner (EL) Student. A student meeting the federal government definition as described in ESEA and in W. Va. 126CSR15, WVBE Policy 2417, Regulations and English Language Proficiency Standards for English Learners (Policy 2417).

3.15. English Learner (EL) Committee. A school level committee that includes English as a Second Language (ESL) and classroom educators and parent(s)/guardian(s) who meet annually to address issues impacting student instruction and assessment on an individual basis for EL students.

3.16. Examiner. The person who administers the test and who meets the requirements outlined in § 5.3.c.

3.17. Family Education Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) (FERPA). A federal law that protects the privacy of student education records. It is implemented through W. Va. 126CSR94, WVBE Policy 4350, Procedures for the Collection, Maintenance and Disclosure of Student Data (Policy 4350).

3.18. Formative Assessment. A deliberate daily process used by teachers and students during instruction that provides actionable feedback used to adjust ongoing teaching and learning to improve students' achievement of intended learning outcomes. Formative assessment enables students to take responsibility for their own learning by engaging in self-assessment, reflection, goal-setting, self-monitoring and communicating their own progress. The formative assessment process includes the use of any assessment methods and tools to provide a continuous stream of accurate evidence of learning.

3.19. Grade Level. The class designation in which the student is enrolled as indicated on the student West Virginia Education Information System (WVEIS) record for public school students. Grade level for nonpublic school students is the class designation in which the student is enrolled in the nonpublic school.

3.20. Guidelines for Participation in West Virginia State Assessments (Participation Guidelines). A document that outlines requirements for all students being assessed, including students with IEPs, Section 504 Plans, or EL plan. The accommodations set forth in this document are nationally recognized accommodations and have been approved by a national technical assistance team and the federal government.

3.21. Home-Schooled Students. Those students defined under W. Va. Code § 18-8-1, Exemption C, who are not enrolled in a public or nonpublic school within the LEA and who are instructed by a person(s) providing home instruction. Home-schooled students may be enrolled in a course(s) in the public school system.

3.22. Home bound Students. Those students enrolled in a public school who, for any reason as certified in writing by a licensed physician, are temporarily confined to home/hospital for a period that has lasted or will last more than three consecutive weeks and who meet the eligibility criteria in W. Va. 126CSR42, WVBE Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), for home/hospital instruction.

3.23. Individualized Education Program (IEP). A written plan, developed by a team as defined in W. Va. 126CSR16, WVBE Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419), describing the specially designed instruction and appropriate accommodations, if any, needed for an eligible student with an exceptionality to master the state-approved content standards and/or be prepared for the workplace.

3.24. Interim Assessments. Assessments that can be administered prior to the West Virginia General Summative Assessment (WVGSA) System that allow local school districts and staff to monitor students' progress toward mastery of the state-approved standards.

3.25. International Assessment. Assessments administered in the United States (U.S.) by National Center for Education Statistics (NCES) under the governing bodies of International Association for the Evaluation of Educational Achievement (IEA) and Organization for Economic Cooperation and Development (OCED). These assessments include but are not limited to Progress in International Reading Literacy Study (PIRLS), Program for International Student Assessment (PISA), Trends in International Mathematics and Science Study (TIMSS), Teaching and Learning International Survey (TALIS), International Computer Information Literacy Study (ICILS), International Early Learning Study (IELS).

3.26. Locked and Secured Location(s). Any location within a district, school, or approved testing facility that can be locked and secured with access limited only to the principal and/or building level coordinator.

3.27. Medical Emergency. A situation in which a student is suffering from a terminal illness or physical or psychological emergency that may prevent the student from testing. These students may qualify for a participation rate exemption. Information about requesting a participation rate exemption because of a medical emergency is available in the Participation Guidelines.

3.28. Minimum Number of Students. The number of students tested in a specific group. For reporting/accountability purposes, the minimum number of students must be large enough so students in that group cannot be individually identified. The "minimum number of students" are chosen by states and approved by the U.S. Department of Education for calculating and reporting school performance determinations in accordance with the W. Va. 126CSR12, Policy 2322, West Virginia System of Support and Accountability.

3.29. National Assessment of Educational Progress (NAEP). A national assessment of a representative sampling of the U.S.students in grades 4, 8, and 12. NAEP measures what U.S. students know and can do in various subject areas. Assessments are conducted periodically in reading, mathematics, science, writing, U.S. history, civics, geography, the arts, and other subjects. As defined in ESEA, the administration of NAEP reading and mathematics assessments is required for a sample of students in grades 4 and 8. W. Va. Code § 18-2E-2 states NAEP shall be administered in academic areas at various grades designated by NAEP officials.

3.30. National Assessment Governing Board (Governing Board). A board of elected and appointed officials overseeing the content and operation of the NAEP.

3.31. National Center for Education Statistics (NCES). An agency charged with collecting, analyzing, and making available data related to education in the U.S. and other nations.

3.32. Not Tested Window. An opportunity for districts to submit reasons why students were not assessed. Each issue will be examined to determine whether the reason is allowable for exemption.

3.33. Nonpublic School Student. A student enrolled in an elementary, middle, or high school that is not established or maintained at public expense through the total basic foundation program/state aid formula outlined in W. Va. Code §§ 18-9A-3 and 18-9A-12.

3.33.a. Nonpublic Schools. An elementary, middle, or high school that is not established or maintained at public expense through the total basic foundation program/state aid formula outlined in W. Va. Code §§ 18-9A-3 and 18-9A-12. If nonpublic schools choose to participate in WV-MAP, it is understood the nonpublic school staff must adhere to policy requirements. This requirement also applies to the Mountaineer Challenge Academy.

3.34. Norm-Referenced Test (NRT). An assessment that compares a student's performance to the performances of other similar test takers.

3.35. Out-of-State Placements. Students placed in out-of-state schools/facilities through court-based placement by the West Virginia Department of Health and Human Resources (WVDHHR) or district placement by IEP teams.

3.35.a. Court-based placement. Students placed in out-of-state schools/facilities by WVDHHR because of special education needs and related services. These placements are considered to be non-IEP decisions based on factors other than disability status. However, it is possible that some students in out-of-state placements have IEPs. Regardless of whether students placed in out-of-state schools/facilities because of court-based placement have IEPs or do not have IEPS, these students are not instructed using the state-approved content standards, are not assessed using the WVGSA system or the West Virginia Alternate Summative Assessment (WVASA), and are not included in West Virginia Accountability System (WVAS) indicators. The schools will provide documentation to the district test coordinators explaining why these students were not tested and are to be excluded from accountability calculations. A copy of the court-based placement is sufficient documentation and should be kept on file at the district level.

3.35.b. District Placement. Students placed in out-of-state schools/facilities by districts as determined by IEP teams because of special education needs and related services. These students are instructed using the state-approved content standards, are assessed using the WVGSA system or the WVASA, and are included in WVAS indicators if they are enrolled as students in WVEIS.

3.36. Public School Student. A student enrolled in an elementary, middle, or high school established and maintained at public expense through the total basic foundation program/state aid formula outlined in W. Va. Code §§ 18-9A-3 and 18-9A-12.

3.36.a. Foreign Exchange Student. A public school student for the year he/sheattends an assigned public school. A foreign exchange student may participate in the state assessments. If tested, the foreign exchange student is not included in accountability measures.

3.37. Revocation/Suspension. The removal of licensure/certification by the State Superintendent of Schools pursuant to W. Va. Code § 18A-3-6.

3.38. Scribe. A trained examiner who copies student responses, exactly as written, from oral/signed student responses, large print, braille, handwritten essay, or damaged test booklet/answer sheet into the regular test booklet, answer sheet, or online format.

3.39. Section 504 Committee. A committee established in accordance with district procedures that meets annually to address issues that impact instruction and assessment for students who have been determined to have a disability as defined by Public Law 93-112, Section 504 of The Rehabilitation Act of 1973 (Section 504).

3.40. Section 504 Plan. A document, reviewed annually, outlining the accommodations, aids, or services a student with disabilities needs to be educated in the least restrictive environment. The accommodations are usually minor adjustments in the general education classroom such as, but not limited to, seating arrangements, assignments, and lesson presentation. A school-based team determines if a student qualifies for a Section 504 Plan based on Section 504 of the Rehabilitation Act of 1973.

3.41. Security Breach. The failure to observe/follow the documented procedures established in the WVBE Testing Code of Ethics (Appendix A), the tests' procedures agreements, and/or the testing manuals by any person administering or assisting with the administration of an assessment included in the WV-MAP and pilot tests and field tests sanctioned by the WVDE. These procedures are designed to protect, maintain, and implement the testing process. See § 8 for the protocol to use in reporting an alleged breach.

3.42. Students with Disabilities. Students who are eligible, in accordance with the definitions, eligibility criteria, procedures, and safeguards contained in Policy 2419, and who meet the definition of disability under Section 504 of the Rehabilitation Act of 1973.

3.43. Special Education: Out-of-School Environment. An IEP placement option in which an eligible student with a disability temporarily receives specially designed instruction and related services in a non-school environment as defined in Policy 2419.

3.44. Standard Conditions. The prescribed procedures to be followed during the administration of a specific assessment.

3.45. State Education Agency (SEA). The sole state educational agency for all public schools; WVDE is the SEA for West Virginia.

3.46. Student Data Accessibility, Transparency and Accountability Act. The state law, found in W. Va. Code § 18-2-5h, that delineates state, district, and school responsibilities for data security and inventory; provides for a data governance officer; and establishes parental rights regarding access to information.

3.47. Technology Specialist. An individual employed by or contracted through the district or school responsible for maintaining, processing, and troubleshooting computer systems/operations.

3.48. Testing Administration Breach. Any failure to follow the documented test administration procedures that could alter the results or testing environment of the assessment for one or more students, e.g., timing an untimed test, not implementing required accommodations, etc. See § 8 for the protocol to use in reporting an alleged breach.

3.49. Testing Code of Ethics - WVBETesting Code of Ethics (Appendix A). The moral and principled practices regarding test security, test administration, test notification, training, and handling of secure assessment materials.

3.50. Testing Irregularity. Any unexpected event that significantly disrupts the testing environment, e.g., sounding of the fire alarm or a power outage.

3.51. Testing Window. The specific calendar dates during which assessments under the WV-MAP shall be administered in accordance with W. Va. Code § 18-5-45(g) and this rule.

3.52. West Virginia Accountability System (WVAS). The comprehensive system of measurements that defines school-specific expectations for continuous improvement using academic achievement, academic progress, four-year and five-year cohort graduation rates, progress toward English language proficiency (ELP), and student success indicators to guide and focus improvement and technical assistance.

3.53. WVASA. A test specifically designed for students with significant cognitive disabilities. These students are assessed in the same content areas and at the same grade levels as students who take the WVGSA. Students who are administered the WVASA must be instructed using the appropriate grade level Alternate Academic Achievement Standards as per the IEP.

3.54. West Virginia Data Access and Management Guidance. The document developed by the WVDE data governance committees, vetted by WVDE leadership, and approved by the WVBE. It outlines the roles and responsibilities of WVDE, and the processes put into place to protect the confidentiality and security of student data at the state level.

3.55. West Virginia General Summative Assessment (WVGSA) System. The entire statewide summative assessment system that includes the state's summative assessment for students used for state and federal accountability. This term encompasses both the WVGSA for students in grades 3-8 and the college- and career-readiness assessment for students in grade 11.

3.55.a. WVGSA for Grades 3-8. A customized test consisting of selected criterion-referenced response items used to measure a student's level of achievement of thestate-approved content standards in mathematics and English language arts (ELA) in grades 3-8, and science in grades 5 and 8.

3.55.b. Grade 11 College- and Career-Readiness Assessment. A standardized college- and career-readiness assessment. The West Virginia grade 11 college- and career-readiness assessment is used for both state and federal accountability, as well as college entrance and placement.

3.56. West Virginia ELP Assessment for the 21st Century (ELPA21). An assessment of language proficiency for EL. For more information, refer to Policy 2417 and the Participation Guidelines.

3.57. West Virginia Measures of Academic Progress (WV-MAP). The comprehensive assessment system that measures student performance. These measures include the WVGSA for grade 3-8, the college- and career-readiness assessment for grade 11, the WVASA for grade 3-8 and 11,NAEP, the ELPA21, CTE technical assessments, and pilot tests and field tests sanctioned by WVDE.

3.58. West Virginiastate-approved content standards. Statements of the knowledge and skills that students are expected to acquire.

The following state regulations pages link to this page.