2305 R&P

3005 R&P

4005 R&P

Code of Ethics and Standards of Conduct Supplement

2305 R&P

3005 R&P

4005 R&P

Testing Code of Ethics

Introduction

In North Carolina, standardized testing is an integral part of the educational experience of all students. When properly administered and interpreted, test results provide an independent, uniform source of reliable and valid information, which enables:

·         students to know the extent to which they have mastered expected knowledge and skills and how they compare to others;

·         parents to know if their children are acquiring the knowledge and skills needed to succeed in a highly competitive job market;

·         teachers to know if their students have mastered grade-level knowledge and skills in the curriculum and, if not, what weaknesses need to be addressed;

·         community leaders and lawmakers to know if students in North Carolina schools are improving their performance over time and how, the students compare with students from other states or the nation; and

·         citizens to assess the performance of the public schools.

Testing should be conducted in a fair and ethical manner, which includes:

       Security                                                                                                                                 

• assuring adequate security of the testing materials before, during, and after testing and during school

·         assuring student confidentiality

       Preparation

·         teaching the tested curriculum and test-preparation skills

·         training staff in appropriate testing practices and procedures

·         providing an appropriate atmosphere

       Administration

• developing a local policy for the implementation of fair and ethical testing practices and for resolving questions concerning those practices ,

• assuring that all students who should be tested are tested

• utilizing tests which are developmentally appropriate

·         utilizing tests only for the purposes for which they were designed

       Scoring, Analysis and Reporting

·         interpreting test results to the appropriate audience

·         providing adequate data analyses to guide curriculum implementation and improvement

Because standardized tests provide only one valuable piece of information, such information should be used in conjunction with all other available information known about a student to assist in improving student learning. The administration of tests required by applicable statutes and the use of student data. for personnel/program decisions shall comply with the Testing Code of Ethics (16 NCAC 6D .0306) which is printed on the next three pages.

 16 NCAC 6D .0306

.03O6 TESTING CODE OF ETHICS...                                        

(a)  

This Rule shall apply to all public school employees who are involved in the state testing program.

(b)

The superintendent or superintendent’s designee shall develop local policies and procedures to ensure maximum test security in coordination with the policies and procedures developed by the test publisher. The principal shall ensure test security within the school building.

(1)

The principal shall store test materials in a secure, locked area. The principal shall allow test materials to be distributed immediately prior to the test administration. Before each test administration, the building level test coordinator shall accurately count and distribute test materials. Immediately after each test administration, the building level test coordinator shall collect, count, and return all test materials to the secure, locked storage area.

(2)

“Access” to test materials by school personnel means handling the materials but does not include reviewing tests or analyzing test items. The superintendent or superintendent’s designee shall designate the personnel who are authorized to have access to test materials.

(3) 

Persons who have access to secure test materials shall not use those materials for personal gain.

(4)

No person may copy, reproduce, or paraphrase in any manner or for any reason the test materials without the express written consent of the test publisher.

(5)

The Superintendent or Superintendent’s designee shall instruct personnel who are responsible for the testing program in testing administration procedures. This instruction shall include-test administrations that require procedural modifications and shall emphasize the need to follow the directions outlined by the test publisher.

(6)

Any person who learns of any breach of security loss of materials, failure to account for materials, or any other deviation from required security procedures shall immediately report that information to the principal, building level test coordinator, school system test coordinator, and state level test coordinator.

(c) 

Preparation for testing.

(1)

The Superintendent shall ensure that school system test coordinators:

(A)

secure necessary materials;

(B)

plan and implement training for building level test coordinators, test administrators, and proctors;

(C)

ensure that each building level test coordinator and test administrator is trained in the implementation of procedural modifications used during test administrations; and

(D)

in conjunction with program administrators, ensure that the need for test modifications is documented and that modifications are limited to the specific need.

(2)

The principal shall ensure that the building level test coordinators:

(A)

maintain test security and accountability of test materials;

(B)

identify and train personnel, proctors, and backup personnel for test administrations; and encourage a positive atmosphere for testing.

(3)

Test administrators shall be school personnel who have professional training in education and the state testing program.

(4)

Teachers shall provide instruction that meets or exceeds the standard course of study to meet the needs of the specific students in the class. Teachers may help students improve test-taking skills by:

(A)

helping students become familiar with test formats using curricular content;

(B)

teaching students test-taking strategies and providing practice sessions;

(C)

helping students learn ways of preparing to take tests; and

(D)

using resource materials such as test questions from test item banks, testlets and linking documents in instruction and test preparation.

(d)

Test administration.

(1)

The Superintendent or Superintendent’s designee shall:

(A)

assure that each school establishes procedures to ensure that all test administrators comp test publisher guidelines;

(B)

inform the local Board of Education of any breach of this -code of ethics; and

(C)

inform building level administrators of their responsibilities.

(2)

The principal shall:

(A)

assure that school personnel know the content of state and local testing policies;

(B)

implement the school system’s testing policies and procedures and establish any needed school policies and procedures to assure that all eligible students are tested fairly;

(C)

assign trained proctors to test administrations; and

(D)

report all testing irregularities to the school system test coordinator.

(3)

Test administrators shall:

(A)

administer tests according to the directions in the administration manual and any subsequent updates developed by the test publisher;

(B)

administer tests to all eligible students;

(C)

report all testing irregularities to the school system test coordinator; and   

(D)

provide a positive test-taking climate

(4)

Proctors shall serve as additional monitors to help the test administrator                                                                                                                                                                    assure that testing occurs fairly.

(e)

Scoring. The school system test coordinator shall

(1)

ensure that each test is scored according to the procedures and guidelines defined for the test by the test publisher;

(2)

‘maintain’ quality control during the entire scoring process, which consists of handling and editing documents, scanning answer documents, and producing electronic files-and reports. Quality control shall address at a minimum accuracy and scoring consistency.

(3)

maintain security of tests and data files at all times, including:

(A)

protecting the confidentiality of students at all times when publicizing test results; and

(B)

maintaining test security of answer keys and item-specific scoring rubrics.

(f)

Analysis and reporting. Educators shall use test scores appropriately. This means that the educator recognizes that a test score is only one piece of information and must be interpreted together with other scores and indicators, Test data help educators understand educational patterns and practices. The superintendent shall ensure that school personnel analyze and report test-data ethically and within the limitations described in this paragraph.

(1)

Educators shall release test scores to students’, parents, legal guardians, teachers, and the media with interpretive materials as needed.

(2)

Staff development relating to testing must enable personnel to respond knowledgeably to questions related to testing, including the tests, scores, scoring procedures, and other interpretive materials.

(3)

Items and -associated materials on a secure test shall not be in the public domain. Only items that are within the public domain may be-used for item analysis.

(4)

Educators shall maintain the confidentiality of individual students. Publicizing test scores that contain the names of-individual students is unethical.

(5)

Data analysis of test scores for decision-making purposes shall be based upon:

(A)

dissagregation of data based upon student demographics and other collected variables;

(B)

examination of grading practices in relation to test scores; and

(C)

examination of growth trends and goal summary reports for state-mandated tests.

(g)

Unethical testing practices include, but are not limited to, the following practices:

(1)

encouraging students to be absent the day of testing;

(2)

encouraging students not to do their best because of the purposes of the test;

(3)

using secure test items or modified secure test items for instruction;

(4)

changing student responses at any time;

(5)

interpreting, explaining, or paraphrasing the test directions or the test items;

(6)

reclassifying students solely for the purpose of avoiding state testing;

(7)

not testing all eligible students;

(8)

failing to provide needed modifications during testing, if available;

(9)

modifying scoring programs including answer keys, equating-files, and lookup tables;

(10)

modifying student records solely for the purpose of raising test scores;

(11)

using a single test score to make individual decisions; and

(12)

misleading the public concerning the results and interpretations of test data.

History Note: Authority G.S. 1. 15C-12(9)c.; 1 15C-8 1(b)(4); Eff. November 1, 1997.

CODE OF ETHICS FOR NORTH CAROLINA EDUCATORS

Adopted by the North Carolina State Board of Education

June 5, 1997

Preamble

The purpose of this Code of Ethics is to define standards of professional conduct.

The responsibility to teach and the freedom to learn, and the guarantee of equal opportunity for all are essential to the achievement of these principles. The professional educator acknowledges the worth and dignity of every person and demonstrates the pursuit of truth and devotion to excellence, acquires knowledge, and nurtures democratic citizenship. The educator exemplifies a commitment to the teaching and learning processes with accountability to the students, maintains professional growth, exercises professional judgment and personifies integrity. The educator strives to maintain the respect and -confidence of colleagues, students, parents and legal guardians, and the community, and to serve as an appropriate role model.

To uphold these commitments, the educator:

I.

COMMITMENT TO THE STUDENT -

A.

Protects students from conditions within the educator’s control that circumvent learning or are detrimental to the health and safety of students.

B.

Maintains an appropriate relationship with students in all settings; does not encourage, solicit, or -engage in a sexual or romantic relationship with students, nor touch a student in an inappropriate way for personal gratification, with intent to harm, or out of anger.

C.

Evaluates students and assigns grades based upon the students’ demonstrated competencies and-, performance.

D.

Disciplines students justly and fairly and does not deliberately embarrass or humiliate them.

E.

Holds in confidence information learned in professional’ practice except for professional reasons or in compliance with pertinent regulations or statutes.    

F.

Refuses to accept significant gifts, ‘favors, or additional compensation that might influence or -appear to influence professional decisions or actions.

II.

COMMITMENT TO THE SCHOOL AND SCHOOL SYSTEM

A.

Utilizes available resources to provide a classroom climate conducive to learning and to promote learning to the maximum possible extent.

B.

Acknowledges the diverse views of students, parents and legal guardians, and colleagues as they work collaboratively to shape educational goals, policies, and decisions; does not proselytize for personal viewpoints that are outside the scope of professional practice.

C.

Signs a contract in good faith and does not abandon contracted professional duties without a substantive reason.

D.

Participates actively in professional decision-making processes and supports the expression of professional opinions and judgments by colleagues in decision-making processes or due process proceedings;

E.

When acting in an administrative capacity:

1.

Acts fairly, consistently, and prudently in the exercise, of authority with colleagues, subordinates, students, and parents and legal guardians.

2. 

Evaluates the work of other educators using appropriate procedures and established statutes and regulations.      

3.

Protects the rights of others in the educational setting, and does not retaliate, coerce, or intentionally intimidate others in the exercise of rights protected by law.

4.

Recommends persons for employment, promotion, or transfer according to their professional qualifications, the needs and policies of the LEA, and according to the law.

III.

COMMITMENT TO THE PROFESSION

A.    

Provides accurate credentials and information regarding licensure or employment and does not knowingly assist others in providing untruthful information.

B.    

Takes action to -remedy an observed violation of the Code of Ethics for North Carolina Educators and promotes- understanding of the principles of professional ethics. -

C.    

Pursues growth and development in the practice of the profession and uses that knowledge in improving the educational opportunities, experiences, and performance of students and colleagues.

Developed by the North Carolina

Professional Practices Commission

in consultation with North Carolina educators.

Adopted by the State Board of Education,

June 5, 1997.

Contact: ofpsinfo@dpi.state.nc.us

SECTION .0600. CODE OF PROFESSIONAL PRACTICE AND CONDUCT

FOR NORTH CAROLINA EDUCATORS

.0601 PURPOSE AND

The purpose of these Rules is to establish and uphold uniform standards of professional conduct for licensed professional educators throughout the State. These Rules shall be binding on ‘every person licensed by the SEE, hereinafter referred to as “educator” or “professional educator,” and the possible consequences of any willful breach shall include license suspension or’ revocation. The prohibition of certain conduct in these Rules shall not be interpreted as approval of conduct not specifically cited.

Authority G.S. ll5C—295.3;                                                

Eff. April 1, 1998

.0602 STANDARDS OF PROFESSIONAL CONDUCT

(a) 

The standards listed in this Section shall be generally accepted for the education profession and shall be the basis for State Board review of performance of professional educators. These standards shall establish mandatory prohibitions and requirements for educators. Violation of these standards shall subject an educator to investigation and disciplinary action by the SEE or LEA.

(b) 

Professional educators shall adhere to the standards of professional conduct contained in this Rule. Any intentional act or omission that violates these standards is prohibited.

(1)   

Generally recognized professional standards. The educator shall practice the professional standards of federal, state, and local governing bodies.

(2)

Personal conduct. The educator shall serve as a positive role model for students, parents, and the community. Because the educator is entrusted with the care and education of small children and adolescents, the educator shall-demonstrate a high standard of personal character and conduct.

(3)   

Honesty. The educator shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties including the following:

(A)

statement of professional qualifications;

(B)

application or recommendation for professional employment, promotion, or licensure;

(C)

application or recommendation for college or university admission, scholarship, grant, academic award, or similar benefit;

(D)

representation of completion of college or staff development credit;

(E)

evaluation or grading of students or personnel;

(F)

submission of financial or program compliance reports submitted to state, federal, or other governmental agencies;

(G)

submission of information in the course of an official inquiry by the employing LEA or the SBE related to facts of unprofessional conduct, provided, however, that an educator shall be given adequate notice of the allegations and may be represented by legal counsel; and

(H)

submission of information in the course of an investigation by a law enforcement agency, child protective services, or any other agency with the right to investigate, regarding school related criminal activity; provided, ) however, that an educator shall be entitled to decline to give evidence to law enforcement if such evidence may tend to incriminate the educator as that term is defined by the Fifth Amendment to the U.S. Constitution.

(4)    

Proper remunerative conduct. The educator shall not solicit current students or parents of students to purchase equipment, supplies, or services from the educator in a private remunerative capacity. An educator shall not tutor for remuneration students currently assigned to the educator’s classes, unless approved by the local superintendent. An educator shall not accept -any compensation, benefit, or thing of value other than the educator’s regular compensation for the performance of any service that the educator is required to render in the course and scope of the educator’s employment. This Rule shall riot restrict performance of any overtime or supplemental serviced at the request of the LEA; nor shall it apply to or restrict the acceptance of gifts or tokens of minimal value offered and accepted openly from students, parents, or other persons in recognition or appreciation of service.

(5)    

Conduct with students. The educator shall treat all students with respect. The educator shall not commit any abusive act or sexual exploitation with, to, or in the presence of a student, whether or not that student is or has been under the care or supervision of that educator, as defined below:

(A) 

any use of language that is considered profane, vulgar, or demeaning;

(B)

any sexual act;

(C)

any solicitation of a sexual act, whether written, verbal, or physical;

(D)

any act of child abuse, as defined by law;

(E)

any act of sexual harassment, as defined by law; and

(F)

any intentional solicitation, encouragement, or consummation of a romantic or physical relationship with a student, or any sexual contact with a student. The term “romantic relationship” shall include dating any student.

(6)    

Confidential information. The educator shall keep in confidence personally identifiable information regarding students or their family members that has been obtained in the course of professional service, unless disclosure is required or permitted by law or professional standards, or-is necessary for the persona], safety of the student or others.

(7)

Rights of others. The educator shall not willfully or maliciously violate the constitutional or civil rights of a student, parent/legal guardian, or colleague.

(8)

Required reports. The educator shall make all reports required by G.S. 115C.

(9)

Alcohol or controlled substance- abuse. The educator shall not:

(A)

be under the influence of, possess, use’, or consume on school premises or at a school sponsored activity a controlled substance as defined by G.S. 90—95, the Controlled Substances Act, without a prescription authorizing such use;

(B)

be under the influence of, possess, use, or consume an alcoholic beverage or a controlled substance on school premises or at a school—sponsored activity involving students; or

(C)

furnish alcohol or a controlled substance to any student except as indicated in the professional duties of administering legally prescribed medications.

(10)

Compliance with criminal laws. The educator shall not commit any act referred to in G.S. l15C—332 and any felony under the laws of the United States or of any state.

(11)  

Public funds and property. The educator shall not misuse public funds or property, funds of a school-related organization, or colleague’s funds. The educator shall account for funds collected from students, colleagues, or parents/legal guardians. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay.

(12)

Scope of professional practice. The educator shall not perform any act as an employee in a position for which licensure is required by the rules of the SBE or by G.S. 115C or the North Carolina General Statutes during- any period in which the educator’s license has been suspended or revoked.

(13)

Conduct related to ethical violations. The educator shall not directly or indirectly use or threaten to use any official authority or influence in any manner that tends to discourage, restrain, interfere with, coerce, or discriminate against any subordinate or any licensee who in good faith reports, discloses, divulges, or otherwise brings to the attention of an LEA, the SBE, or any other public agency authorized to take remedial action, any facts or information relative’ to actual or suspected violation of any law regulating the duties of persons serving in the public school system, including but not limited to these Rules.   

Authority G.S. 115C—295.3;

Eff. May 1, 1998.