Federal Agency

The United States Department of Education is the federal agency for education. The Secretary of Education runs the Department of Education, while Congress establishes laws that determine the policies and regulations for federally funded education programs. (Department of Education, 2010).

Texas Agencies

The Texas Legislature creates the Texas education laws. The Texas Education Agency (TEA), State Board of Education (SBOE), and State Board for Educator Certification (SBEC) are responsible for legal compliance with federal and state laws. (Texas Education Agency, n.d.).

Texas Education Agency is the state agency that oversees all Texas public education. The Commissioner of Education manages TEA (Texas Education Agency, n.d.).

The State Board of Education determines the policies for all Texas public educational institutes (State Board of Education, n.d.).

State Board for Educator Certification (SBEC)

SBEC oversees teacher certification and the Educators Code of Ethics (19 Tex. Admin. Code § 247.1a).

• The federal government does not play a large role in educational law.

• Due to the tenth amendment to the United States Constitution, most educational laws are determined by the states (U. S. Const. amend. X).

• Due to the lack of constitutional intervention in education, the state creates laws and determines the necessary consequences for breaking them.

Texas Law- Texas Constitution, Article 7

• The Texas Constitution states a law requiring the State Legislature to support and maintain free public education (Tex. Const. art. VII § 1).

• The State Board of Education creates educational laws in Texas (Tex. Const. art. VII § 8).

• There are no constitutional laws in Texas that address standardized testing.

• Congress creates statutory laws at the federal level and state legislature at the state level. Although each state has its own statutes, it must also follow federal statutes. (Highline College Library, 2023).

• The Every Student Succeeds Act (ESSA) mandates standardized testing as an accountability system for measuring student, teacher, and school achievement (Every Student Succeeds Act (2015), 20 U.S.C. § 6301).

Texas Administrative Law- Texas Administrative Code

• Administrative laws create operating procedures for agencies (Duke Law, 2015).

• The STAAR test ensures state compliance with the Texas Administrative Code, aligned with the standards of ESSA (19 Tex. Admin. Code § 101.3031; Every Student Succeeds Act (2015), 20 U.S.C. § 6301).

• Certified educators must follow strict laws to ensure the confidentiality, validity, and security of test materials and results when administering a test (19 Tex. Admin. Code  § 249.15(g)(8)).

• Cheating on the STAAR test breaks the Educators’ Code of Ethics outlined under the Texas Administrative Code (19 Tex. Admin. Code § 247.2-2.1(j)).

• Eleven Atlanta teachers were charged with racketeering for changing student answers on the state standardized assessment.

• The teachers falsified data to meet performance goals and receive financial bonuses. The state of Georgia found most teachers guilty of racketeering, which violated several codes within the Code of Georgia (Cotman v. State, 328 Ga. App. 822, 826 (1) (762 SE2d 824) (2014)).

• The case received attention from across the nation. It has impacted the educational system by drawing attention to the high stakes and the pressure and need for change in education. The case set the precedent that falsifying student assessment results for financial gain is equitable to racketeering, which can result in prison sentences and hefty fines.

• Texas laws address racketeering offenses in title 11, "Organized Crime" of the Penal Code ( 11 Tex. Penal Code § 72.01-72.05).

Federal and State Regulations- The Elementary and Secondary Education Act (ESEA) of 1965

• The Elementary and Secondary Education Act (ESEA) of 1965, reenacted by ESSA, mandates that states require all 3-12 grade students to take standardized assessments in certain subjects each year to obtain federal funding. States must also create laws and procedures to ensure valid, secure, and confidential assessment results (U. S. C § 1111(b)(3); §200.1(b)(2); § 200.4).

• The tests measure student success in each subject and are used for school accountability and campus ratings.

• In Texas, the Texas Education Code has a law requiring the implementation of a standardized test to align with ESSA and ESEA requirements (Tex. Educ. Code § 39.027).

Abilene Independent School District-: EKB- Testing Programs: Test Administration Procedures

“The District shall comply with all procedures published by TEA in its annual test administration manuals with regard to test security and confidentiality. The Superintendent shall be responsible for ensuring that:

1. Procedures are developed to ensure the security and confidentiality of state assessments in compliance with all requirements established by TEA.

2. District and campus testing personnel are trained in test security and confidentiality, as well as test administration procedures, in accordance with TEA's published requirements.

3. Any violation of the state's security or confidentiality procedures is reported to TEA in accordance with established procedures.”

   
   

 The local policy complies with the accountability of the state and federal testing laws in the Texas Administrative Code and ESEA (19 Tex. Admin. Code § 249.15; U. S. C § 1111(b)(3); §200.1(b)(2); § 200.4). 

(Abilene Independent School District, 2009).

Risk Management Strategies

#1 Identify the Risk

• Breaking Compliance with Confidentiality Laws

  • When educators read or alter testing materials or falsify test data, they break the confidentiality laws outlined in section 39.030 of the Texas Education Code (Tex. Educ. Code § 39.030). 

  • The code correlates test data with student privacy data. Violating the confidentiality and the privacy of student data also violates the Family Educational Rights and Privacy Act (FERPA) of 1974 (20 U.S.C § 1232g).

    
    

#2 Analyze the Risk

• Violating FERPA can result in legal litigation and suspension of teaching certificates (19 Tex. Admin. Code § 247.2).

• Cheating on the assessment can be considered racketeering. According to the Racketeer Influenced and Corrupt Organizations (RICO) Act of 1970, racketeering can lead to a maximum of 20 years in prison (18 U.S.C. §§ 1961-1968).

  
  

#3 Treat the Risk

• Mitigate the risk of teachers cheating on state assessments.

• Train all certified staff on assessment protocols, policies, and procedures on how to secure test materials and prevent cheating on the state test.

• Find alternative methods for determining the renewal of teacher contracts and financial bonus opportunities.

All certified educators in Texas are required to follow the Educators’ Code of Ethics, which is included in the Texas Administrative Code (19 Tex. Admin. Code § 247.2).

Certified educators are the only people who can administer standardized tests. Teachers who cheat on the STAAR test break standards 1.6 and 1.7 of the ethics code by falsifying state assessment data and failing to comply with state and federal laws (19 Tex. Admin. Code § 247.2.1(f)-(g)). 

The Texas Administrative Code also states, 

“Mandatory minimum sanction for test security violation. An educator who intentionally manipulates the results or violates the security or confidential integrity of any test required by the TEC, Chapter 39, Subchapter B, may not receive a sanction of less than suspension for one year from the effective date of an agreed final order or a final board decision following a contested case hearing at the SOAH” (19 Tex. Admin. Code § 249.17(g)).

Educators guilty of cheating on the STAAR test will automatically have their license suspended for a year. They will also attend a State Office of Administrative Hearings (SOAH) hearing. If the educator is found guilty of racketeering, they will be sentenced to jail time due to the RICO act, as did the Atlanta Public Schools Scandal teachers (18 U.S.C. §§ 1961-1968; Cotman v. State, 328 Ga. App. 822, 826 (1) (762 SE2d 824) (2014)). 

• Regularly train teachers on the state and federal laws regarding the security of STAAR materials and the validity of student data.

• Create a campus testing plan that prioritizes the security of STAAR materials and the validity of student data.

• Practice the campus testing plan on assessments before the STAAR test, such as benchmark tests.

• Monitor plan implementation while closely monitoring teacher behavior and student responses.

• Adjust campus testing plan as necessary, reminding teachers of federal and state testing laws.

• Ensure that teachers do not administer the STAAR test to their rostered students.

• If a teacher is suspected of cheating and falsifying student data, report the alleged behavior to TEA immediately.

• Support struggling teachers so they do not feel pressured to cheat.

• Offer incentives for teachers that do not correlate to STAAR test data.

Abilene Independent School District. (2009, August 4). Policy code EKB – Testing programs: State assessment – Abilene ISD board policy manual. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1118&code=EKB#localTabContent

Cotman v. State, 328 Ga. App. 822, 826 (1) (762 SE2d 824) (2014)

Department of Education. (2010, September). An overview of the U.S. Department of Education. https://www2.ed.gov/about/overview/focus/what.html#:~:text=The%20U.S.%20Department%20of%20Education%20is%20the%20agency%20of%20the,most%20federal%20assistance%20to%20education

Duke Law. (2015). Federal administrative law. https://law.duke.edu/lib/research-guides/federal-administrative-law#:~:text=Administrative%20law%20focuses%20on%20the,same%20force%20as%20statutory%20law

Elementary and Secondary Education Act (ESEA), U. S. C § 200.1(b)(2)

Elementary and Secondary Education Act (ESEA), U. S. C § 200.4

Elementary and Secondary Education Act (ESEA), U. S. C § 1111(b)(3)

Every Student Succeeds Act (ESSA), 20 U.S.C. § 6301

Family Educational Rights and Privacy Act (FERPA) of 1974, 20 U.S.C § 1232g

Library Highline College. (2023, August 25). Introduction to law: Statutory law. https://library.highline.edu/c.php?g=344547&p=2320275

Muñiz, R. (2021). Education law and policy in the time of COVID-19: Using a legal framework to expose educational inequity. AERA Open, 7(1), 1-18.

https://doi.org/10.1177/23328584211054107

Racketeer Influenced and Corrupt Organizations (RICO) 18 U.S.C. §§ 1961-1968.

State Board of Education. (n.d.). SBOE Homepage. https://sboe.texas.gov/

19 Tex. Admin. Code § 101.3031

19 Tex. Admin. Code § 247.1a

19 Tex. Admin. Code §247.2

19 Tex. Admin. Code §247.2.1(f)-(g)

19 Tex. Admin. Code §247.2-2.1(j)

19 Tex. Admin. Code § 249.17

19 Tex. Admin. Code § 249.15

19 Tex. Admin. Code § 249.15(g)(8)

Tex. Const. art. VII, § 1

Tex. Const. art. VII, § 8

Texas Education Agency. (2023). STAAR resources. https://tea.texas.gov/student-assessment/testing/staar/staar-resources#:~:text=The%20State%20of%20Texas%20Assessments,grade%2C%20subject%2C%20and%20course

Texas Education Agency. (n.d.). About TEA. https://tea.texas.gov/about-tea#:~:text=The%20work%20of%20TEA%20and,State%20Board%20for%20Educator%20Certification

Tex. Educ. Code § 39.030

11 Tex. Penal Code § 72.01-72.05

U.S. Const. amend. X

Yeban, J. (2023). Teacher cheating and standardized testing. Find Law. https://www.findlaw.com/education/curriculum-standards-school-funding/teacher-cheating-and-standardized-testing.html