Handling Allegations of Educator Cheating in State Testing

Tina Sciocchetti, Executive DirectorJohn Czajka, CounselNew York State Test Security UnitMASLA Annual Conference Lake PlacidJuly 16, 2013

NYSED Test Security UnitEstablished March 2012 after Special

Investigator reviewed NYSED protocols

August 2012 - fully operational

Mandate: handle and resolve statewide educator cheating and test security matters; enhance state test security policies, training, and protocols

TEST SECURITY UNIT STAFFTwo former prosecutors

Four investigators with combined 85 years of state and federal law enforcement experience

Dedicated IT support to create on-line, web-based processes

Test Administration by the NumbersGrades 3-8 ELA & Math (2012)

◦Approx. 1.2 million administered◦Approx. 4,400 schools

Regents (Aug. 2010, Jan/Jun 2011)◦Approx. 2 million administered ◦Approx. 2,700 schools

Ways Educators Cheat

1. Retaining 3-8 tests and field tests, using for next exam

2. Opening test materials before designated time3. Pre- and mid-exam lessons based on review of

test content4. Distributing cheat sheets, formulas, definitions

before test5. Giving a student more time to take test 6. Defining words, concepts, or questions, on test7. Using voice inflection or physical gestures to

cue answers8. Coaching a student during testing 9. Allowing a student to alter exam answers post-

admin10. Altering a student’s answers after test handed

in 11. Filling in blank bubbles left by students12. Adding points to a student’s test score to help

student pass13. Altering a student’s test score during

recording/reporting 14. Coordinated exclusion/suspension of poor test

takers15. Encouraging low performers to stay home

during testing

Intake of AllegationsWebsite: www.highered.nysed.gov/tsei

Email: TSU@mail.nysed.gov

Office of State Assessments (OSA)

Other SED sources (Waste, Fraud and Abuse, OSPRA)

Public sources (review of blogs, news accounts, legislative/executive referrals)

3

Integrity Officer Network37 BOCES and Big 5 designees, often the District

Superintendent

◦ www.highered.nysed.gov/tsei/iolistSpecialized training from TSUDedicated TSU Investigator assigned to each IO (on

regional basis)“Boots on the ground” for cheating reports, securing

evidence, investigationDistricts kept better informed about cheating

allegations/disposition of casesPortal for new policies and regional training

Typical Test Security Investigation New matter assigned to TSU investigator

Investigator works with Integrity Officer and District Counsel to develop investigative plan

Evidence secured and stored

Joint interviews, if possible

Forensic analysis and review of historical testing data

Review of prior disciplinary history for educator and school (including search of test fraud database)

TSU role in investigation depends on nature and scope of alleged improprieties

Key EvidenceTest books and answer sheets for all

students tested (preserve schoolwide)Proctor assignments, seating charts Proctor/scorer certificatesScoring assignments and instructionsCrib sheets, scrap papers, testing aidsTest administration training records (in-

service materials, emails to staff)Student transcripts, IEP plansDisciplinary records for educator(s)

District/IO/TSU CoordinationGoal: independent, professional

investigations with oversight by IO and TSU

Avoid duplicative interviews, disruption to district

Communication concerning potential disciplinary action(s) (Part 83, 3020-a, local sanctions)

Possible global resolutions for district and state, concurrent penalties

Public NoticeTSU is required to give annual public report of its

activities and outcomes of investigations, including confirmed test fraud cases

Public disclosure of SED testing audits (e.g., erasure analysis), as appropriate, also required

Districts required to report on test integrity issues, including disclosure of confirmed allegations◦ Mandated reporting of educator fraud cases by school

personnel◦ Corrective Action Plans

Best PracticesReport known instances of alleged

cheating immediately (web best portal)Identify witnesses, including all

students and adults in roomSecure evidence, including test

booklets (do not send to destruction)Consult with TSU or IO before beginning

an investigationIf investigation already started, collect

all notes/reports

Questions?

Handling Allegations of Educator Cheating in State Testing

Tina Sciocchetti, Executive DirectorJohn Czajka, CounselNew York State Test Security UnitMASLA Annual Conference Lake PlacidJuly 16, 2013