June 20, 2018
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Chapter 228
Public Education: General Provisions
View Entire Chapter
Section 228.301, Florida Statutes 2001

228.301  Test security.--

(1)  It is unlawful for anyone knowingly and willfully to violate test security rules adopted by the State Board of Education or the Commissioner of Education for mandatory tests administered by or through the State Board of Education or the Commissioner of Education to students, educators, or applicants for certification or administered by school districts pursuant to s. 229.57, or, with respect to any such test, knowingly and willfully to:

(a)  Give examinees access to test questions prior to testing;

(b)  Copy, reproduce, or use in any manner inconsistent with test security rules all or any portion of any secure test booklet;

(c)  Coach examinees during testing or alter or interfere with examinees' responses in any way;

(d)  Make answer keys available to examinees;

(e)  Fail to follow security rules for distribution and return of secure test as directed, or fail to account for all secure test materials before, during, and after testing;

(f)  Fail to follow test administration directions specified in the test administration manuals; or

(g)  Participate in, direct, aid, counsel, assist in, or encourage any of the acts prohibited in this section.

(2)  Any person who violates this section is guilty of a misdemeanor of the first degree, punishable by a fine of not more than $1,000 or imprisonment for not more than 90 days, or both.

(3)  A district superintendent of schools, a president of a community college, a president of a university, or a president of a private postsecondary institution shall cooperate with the Commissioner of Education in any investigation concerning the administration of a test administered pursuant to state statute or rule.

History.--s. 17, ch. 86-156; s. 1, ch. 90-99; s. 81, ch. 97-190; s. 29, ch. 99-398.

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