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RESTRICTIONS ON USE OF MATERIALS
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In the event You utilize a PearsonAccessTM Assessment Network Web Site to administer an assessment, You must retain the confidential and security integrity of the test information (including, but not limited to, test questions, graphics, charts, and test forms). You may not, and You agree not to use unreleased test items in any form (including rewording of such test items), or expose any student to unreleased test items or to the answers to the unreleased test items prior to or following test administration. You are prohibited from attempting to formally or informally record answers and manually score Web-based tests, and from providing students with the answers to any unreleased test items, and from making any suggestion as to how to respond to a test item at any time, whether before, during, or after test administration. This prohibition includes provision of cues, clues, hints, and/or actual answers in any written, printed, verbal and/or non-verbal form (including chalkboards, charts, and bulletin boards). In addition, You are prohibited from falsely logging into a Web-based test as a student, current or fabricated, to view any tests. You may only log in and take a Web-based test if Your name appears on a test ticket. Copying, printing, or photographing any part of a test or taking notes about the items is strictly prohibited. Test materials may not be reproduced or used in any form or by any means, electronic, mechanical, including photocopying or recording or by any information storage or retrieval systems.

Access to services on these websites is password protected. You should maintain the confidentiality of Your username and password. You should remember to always log-off when exiting any of the PearsonAccessTM Assessment Network Web Sites and to NOT share or divulge Your password.

SUBMISSIONS Pearson welcomes Your comments regarding Pearson products, including Pearson's online services. However, Pearson does not want to receive confidential or proprietary information from You through its Web site or otherwise. You agree and confirm that any information that Pearson receives through its Web site, other than Your personally identifiable information, as explained in Pearson's privacy policy, will be deemed to be and is intended by you to be NON-CONFIDENTIAL. It is the intent of this policy to avoid the possibility of future misunderstandings. We do value Your non-confidential feedback on our services and products, but we require and You agree You will be specific in Your comments on those services and products, and You will not submit any creative ideas, suggestions, materials or any information that You consider to be confidential or proprietary.

If at our request You send certain specific submissions (e.g., student data files) or, despite our request that You not send us any other creative materials, You send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), You unconditionally agree that the Submissions shall be deemed, and shall remain, the property of Pearson . None of the Submissions shall be subject to any obligation of confidence on the part of Pearson, and Pearson shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Pearson shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

DISCLAIMER THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PEARSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEARSON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEARSON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PEARSON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PEARSON FOR ANY LIABILITY OR EXPENSE ARISING FROM SUCH USE OR MISUSE. YOU AGREE TO IMMEDIATELY NOTIFY PEARSON OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PEARSON BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVELY, ANY AND ALL LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF PEARSON OR AN PEARSON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PEARSON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent immediately to Pearson, Office of General Counsel, 11000 Prairie Lakes Drive, Eden Prairie, MN 55344. See NON-INFRINGEMENT.

TERMINATION These terms and conditions are effective so long as You use this site or until terminated by Pearson, either with or without cause. You may terminate Your use of this site at any time by ceasing to use this site. Your use of this site may also be terminated immediately by Pearson, if in Pearson's sole determination You fail to comply with any term or provision of these terms and conditions. Upon any termination, You must destroy all materials obtained from this site and any and all other Pearson site(s) and all related documentation, copies and installations thereof, whether obtained or made under these terms or otherwise.

OTHER These terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in MINNESOTA and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except by Pearson as provided for above or in a written understanding signed by both parties.

NON-INFRINGEMENT Pearson warrants that the products in their standard form will not infringe any valid United States patents or copyrights existing at the time of product delivery, provided, however, that this warranty does not extend to any infringement arising out of the use of the products in combination with systems, software, or equipment, not supplied by Pearson or any use of the products outside the United States. If You promptly notify Pearson of any such infringement claim of which You have knowledge or notice, and accord Pearson the right, at its sole option and expense, to handle the defense of the infringement claim, Pearson will indemnify and hold You harmless from and against the amount finally awarded in such infringement claim. If such an infringement claim arises and Pearson becomes aware of such a claim, Pearson may, in its discretion, furnish You with non-infringing replacement products.

PRIVACY Pearson respects Your right to privacy. This policy summarizes what personally identifiable information we may collect, and how we might use this information. This policy also describes other important topics relating to Your privacy.

Pearson will only collect personally identifiable information (such as school name, school district, student names, student grade, student class, etc) that You voluntarily provide through our Website or e-mail correspondence. The information You supply will be used by Pearson for responding to Your inquiries regarding, but not limited to: creation, delivery, scoring, reporting and analysis of summative, formative, English language, and alternative assessments, as well as many other custom online and paper-based testing and reporting services. Pearson may use such personally identifiable information to set-up and provide user access, to supply products and services (including but not limited to assessments, scoring and reporting and of student progress) to participating schools or school districts. Pearson may transfer personally identifiable information to affiliated companies and contractors of Pearson, who are obligated to take appropriate, commercially reasonable steps to maintain the confidentiality of such information and use it solely for the purposes specified in this Privacy Statement. Pearson will take appropriate, commercially standard steps to keep all personally identifiable information about students and teachers confidential.

It may be necessary, if required by law or if pertinent to judicial or governmental investigations, to release Your personally identifiable information. In addition, Pearson may release Your personally identifiable information when disclosure is directed by Your school.

Pearson will not, through a PearsonAccessTM Assessment Network Web Site, knowingly collect any personally identifiable information about anyone under the age of 13.

If You have submitted information to Pearson electronically and would like it removed or modified, please contact us. We will use reasonable efforts to comply with Your request.

The PearsonAccessTM Assessment Network Web Site may contain links to other non-Pearson sites. We do not endorse or otherwise accept responsibility for the content or privacy policies of those sites. Additionally, some of our Web pages may contain "cookies," which are data that may be sent to Your Web browser and stored on Your computer, and may identify Your computer, browser, and Internet specifications. This allows our server to "recognize" You when You visit our Web site in the future. Most Web browsers can be configured to not accept cookies, or to notify You if a cookie is sent to You.

Pearson reserves the right to modify this privacy policy at any time. We will promptly reflect any such modifications in these Web pages.

PRIVACY Pearson respects Your right to privacy. This policy summarizes what personally identifiable information we may collect, and how we might use this information. This policy also describes other important topics relating to Your privacy.

TEST SECURITY GUIDELINES Copyright © 2009 Pearson, Inc. All rights reserved.

Listed below are guidelines to assist those persons involved in the administration of the Virginia Standards of Learning (SOL) Assessments (paper and online) in determining what actions may compromise test security.

  1. Students must never be exposed to unreleased test items or to the answers to unreleased test items before or following test administration. Using unreleased test items in any form (including rewording of such test items) is STRICTLY PROHIBITED. If in doubt whether test items have been released, contact the Division Director of Testing for verification.
  2. All persons are prohibited from providing students with the answer to any unreleased test item and from making any suggestion as to how to respond to a test item at any time, whether before, during, or after a test administration. This prohibition includes provision of clues, hints, and/or actual answers in any written, printed, verbal, and/or non-verbal form (including chalkboards, charts, and bulletin boards).
  3. Examiners should receive test booklets/writing prompts only on the day of testing. Examiners are not to open sealed packages of writing prompts more than 30 minutes before the test session for the direct-writing component of the writing test.
  4. Examiners are not to improperly review test items or test booklets before, during, or after test administration. Examiners administering the paper multiple-choice SOL tests are not to look ahead in the test booklets.
  5. Copying/printing/photographing ALL OR ANY PART of an SOL assessment or taking notes about the items included on an SOL assessment is STRICTLY PROHIBITED. As stated in the copyrights by the Commonwealth of Virginia Department of Education, testing materials may not be reproduced or used in any form or by any means, electronic or mechanical, including photocopying or recording or by any information storage or retrieval systems.
  6. All persons are prohibited from logging into TestNavTM (the Web-based application) posing as a student, current or fabricated, to view any SOL assessments. Only a student whose name appears on a Student Authorization Ticket is permitted to log in and take an online assessment (not applicable for Writing tests).
  7. The tests must be administered strictly in accordance with the instructions outlined in the SOL assessment manuals. This includes following proper procedures for using test manipulatives. Directions that are to be read to the students must be read exactly as written.
  8. No test item that will be scored to obtain students' test results may be used as a sample or practice item for learning how to select responses. Sample items are included in the SOL assessments to familiarize students with the format of the items and the procedures for selecting their answers.
  9. All persons are prohibited from attempting to formally or informally score SOL assessments.
  10. All Examiners, Proctors, or Interpreters using a Proctor Authorization Ticket to administer an online Read-Aloud assessment to students requiring this accommodation are prohibited from answering test questions in the Web-based assessment before, during, or after the administration of the test (not applicable for Writing tests).
  11. All persons are prohibited from changing students' answers to test items whether by providing hints or clues during a test administration, correcting wrong answers during a test administration, or by erasing or correcting answers or responses recorded/selected by the student.
  12. All known violations of test security procedures shall be reported by phone, fax, or in writing. Call (804) 225-2102 to report violations by phone. Fax violation reports to (804) 371-8978. Written reports must be signed by the person making the report and addressed to the Division of Student Assessment and School Improvement, Virginia Department of Education, P.O. Box 2120, Richmond, VA 23218-2120. The Virginia Department of Education will request an investigation of any test improprieties and implementation of an action plan as necessary. All corrective action plans must be submitted to the Division of Student Assessment and School Improvement.

Please read legislation passed by the Virginia General Assembly (§22.1-19.1 Actions for violations of test security procedures and §22.1-292.1 Violation of test security procedures: revocation of license) regarding the repercussions of violating test security.
Revised March 2006

Please read legislation passed by the Virginia General Assembly (§22.1-19.1 Actions for violations of test security procedures and §22.1-292.1 Violation of test security procedures: revocation of license) regarding the repercussions of violating test security.

§22.1-19.1. Action for violations of test security procedures.

A. The Office of the Attorney General, on behalf of the Board of Education, may bring a cause of action in the circuit court having jurisdiction where the person resides or where the act occurred for injunctive relief, civil penalty, or both, against any person who knowingly and willfully commits any of the following acts related to secure mandatory tests required by the Board to be administered to students:

  1. Permitting unauthorized access to secure test questions prior to testing;
  2. Copying or reproducing all or any portion of any secure test booklet/writing prompt;
  3. Divulging the contents of any portion of a secure test;
  4. Altering test materials or examinees' responses in any way;
  5. Creating or making available answer keys to secure tests;
  6. Making a false certification on the test security form established by the Department of Education; or
  7. Participating in, directing, aiding or abetting, or assisting in any of the acts prohibited in this section.

For the purpose of this subsection, "secure" means an item, question, or test that has not been made publicly available by the Department of Education.

B. Nothing in this section may be construed to prohibit or restrict the reasonable and necessary actions of the Board of Education, Superintendent of Public Instruction or the Department of Education or their agents or employees engaged in test development or selection, test form construction, standard setting, test scoring, reporting test scores, or any other related activities which, in the judgment of the Superintendent of Public Instruction or Board of Education, are necessary and appropriate.

C. Any person who violates any provisions of this section may be assessed a civil penalty not to exceed $1,000 for each violation; however, any person whose administrative or teaching license has been suspended or revoked pursuant to §22.1-292.1 shall not be assessed a civil penalty for the same violation under this section.

All civil penalties paid to the Commonwealth pursuant to this section shall be deposited into the Literary Fund. (2000, cc. 634, 659; 2004, cc. 939, 955.)


Please read legislation passed by the Virginia General Assembly (§22.1-19.1 Actions for violations of test security procedures and §22.1-292.1 Violation of test security procedures: revocation of license) regarding the repercussions of violating test security.

§22.1-292.1. Violation of test security procedures: revocation of license.

A. The Board of Education may suspend or revoke the administrative or teaching license it has issued to any person who commits any of the following acts knowingly and willfully with the intent to compromise secure mandatory tests administered to students as required by this title or by the Board of Education:

  1. Giving unauthorized access to secure test questions;
  2. Copying or reproducing all or any portion of any secure test booklet/writing prompt;
  3. Divulging the contents of any portion of a secure test;
  4. Coaching or assisting examinees during testing or altering examinees' responses in any way;
  5. Making available any answer keys;
  6. Failing to follow test security procedures established by the Department of Education;
  7. Providing a false certification on any test security form required by the Department of Education;
  8. Retaining a copy of secure test questions; and
  9. Participating in, directing, aiding, assisting in, or encouraging any of the acts prohibited by this section.

For the purposes of this section, "secure test" means an item, question, or test that has not been made publicly available by the Department of Education.

Nothing in this section shall be construed to prohibit educational personnel from providing input to administrators or other authorized personnel, including school board members and members of the General Assembly, except when done in a manner that violates test integrity or security regarding the accuracy, clarity, or propriety of test items or test administration procedures.

B. Nothing in this section shall be construed to prohibit or restrict the reasonable and necessary actions of the Board of Education, the Superintendent of Public Instruction, or the Department of Education in test development or selection, test form construction, standard setting, test scoring and reporting, or any other related activities which, in the judgment of the Superintendent of Public Instruction or the Board of Education, are necessary and appropriate.

C. Any suspension or revocation imposed for the acts enumerated in this section shall be rendered pursuant to Board regulations promulgated pursuant to the Administrative Process Act (§9-6.14:1 et seq. and §22.1-298), governing the licensure of teachers.

SCHOOL DIVISION PERSONNEL TEST SECURITY AGREEMENT (INCLUDING EXAMINERS/PROCTORS) Copyright © 2009 Pearson, Inc. All rights reserved.

I acknowledge that I will have access to the Standards of Learning (SOL) Assessments for the purpose of administering an SOL test. I also acknowledge that I have read, understand, and agree to adhere to the Test Security Guidelines for the SOL test. I understand that these materials are highly secure, and it is my professional responsibility to protect their security as follows:

  1. I will not divulge the contents of the test to anyone.
  2. I will not improperly review test items or test booklets/writing prompts, copy or take notes about any part of the test.
  3. I will not allow access to the test materials to any student or to any other person not so authorized by the School Test Coordinator.
  4. I will not alter students' responses in any way.
  5. I will not provide answers to test items or any other improper assistance to students.
  6. If serving as an Examiner for online Read-Aloud test sessions, I will not answer test questions in the Web-based assessment before, during, or after the administration of the test.
  7. I understand my Login ID and password for the Virginia SOL Web-based Assessments Program are secure and must remain confidential.
  8. I have read the legislation passed by the Virginia General Assembly (§22.1-19.1 Action for violations of test security procedures and §22.1-292.1 Violation of test security procedures: revocation of license).
  9. I understand that if test security procedures and guidelines are not followed, my license may be suspended or revoked or I may be assessed a civil penalty for each violation.

Interpreters and all individuals involved in transcriptions of student responses must also read and sign the Test Security Agreement.

Please be sure to sign and return the Test Security Agreement (from the computer OR manual) to the appropriate test administrator before administering any SOL tests.

Signed:

Print Name:

Position:

School:

Division:

Date:

Confidentiality Agreement

Copyright © 2009 Pearson Education, Inc. or its affiliate(s). All rights reserved.