NAC389.054. Confidentiality and security of testing materials.

     1. The board of trustees of each school district and the governing body of each charter school shall ensure that the employees of the school district or charter school, respectively, who have access to the materials necessary to administer the examinations required by NRS 389.015 and 389.550 are familiar with:

     (a) The provisions of this section, subsection 6 of NRS 389.015 and NRS 389.600 to 389.648, inclusive; and

     (b) Any instructions that are issued by the Department of Education relating to the confidentiality of those materials.

     2. A person shall not make or distribute copies of the questions contained in the examinations required by NRS 389.015 and 389.550 or the approved answers used for grading them unless that person has received written authorization to do so from the publisher of the examination and the Department of Education.

     3. Before the examinations required by NRS 389.015 and 389.550 are distributed to the schools in which the examinations will be administered, the board of trustees or the governing body shall ensure that the materials used to administer the examinations and the approved answers used for grading them are stored in such a manner that only those persons to whom the materials and answers may be disclosed pursuant to subsection 6 of NRS 389.015 have access to them.

     4. The secure examination materials that are used to administer the examinations required by NRS 389.015 and 389.550 must not be distributed to the schools in which the examinations will be administered until such time as is necessary to allow the schools adequate time to prepare to administer the examinations.

     5. The principal of each school to which an examination is delivered shall ensure that:

     (a) The questions contained in the examination are stored in a secure location and are not distributed until the examination is administered; and

     (b) The materials used to administer the examination are stored in a secure manner before the end of the day on which the examination is administered.

     6. On or before September 15 of each year, the principal of each public school and charter school, respectively, shall submit to the Department of Education a statement that the principal will ensure that the school complies with the provisions of this section, the provisions of NRS 389.600 to 389.648, inclusive, and any instructions issued by the Department relating to the confidentiality of testing materials. The statement required pursuant to this subsection must be on a form prescribed by the Department.

     7. The examinations required by NRS 389.015 and 389.550 must be administered:

     (a) In a facility that is approved by the board of trustees of the school district or the governing body of the charter school; and

     (b) By employees of the school district or charter school who are designated to administer the examinations by the board of trustees of the school district or the governing body of the charter school, respectively.

     (Added to NAC by Bd. of Education by R115-97, eff. 12-10-97; A by R065-99, 11-3-99; R072-01, 11-7-2001)