Section 28.03. Test access.

 

(1)   Test viewer requirements.

(a) Except as specified under par. (b) , a person may view a test under this chapter if he or she submits a written request and a signed confidentiality agreement to the state superintendent within 90 days after the date of administration of the test. If a person wants to view a test at a charter school or school, he or she shall also submit a written request and signed confidentiality agreement to the charter school or school board of the school.

(b) A person may not view a test while it is being developed or validated.

(2)   School board, charter school and department requirements.

(a) A school board or charter school may, but is not required to, provide for viewing a test. A school board or charter school that receives a request under sub. (1) , but does not provide for viewing a test, shall notify the department. A school board, charter school or department that provides for the viewing of the test under this chapter shall allow a person to view a test if all of the following apply:

1. The school board, charter school or department has received the written request and a copy of the signed confidentiality agreement under sub. (1) (a) . The agreement shall include the following provisions:

a. The test viewer may not discuss, disseminate, describe or otherwise reveal the contents of the test to any third party with the intent to violate the copyright or compromise the validity of the test.

b. The test viewer may not make copies of the test or any test items, take notes, or otherwise reproduce the test or test items.

c. The test viewer may not publish, or cause to be published, the test or any of the test items.

2. The school board, charter school or department shall file, if it has not already filed, a confirmation of destruction/security agreement with the test publisher.

3. The school board, charter school or department shall ensure the test viewer is accompanied at all times by a staff member who is aware of the confidentiality requirements associated with the test. In addition, a qualified staff member who is aware of the confidentiality requirements associated with the test and can explain the proper use of the test, the purposes of the Wisconsin student assessment system, and the meaning of test results shall be available at all times that the viewer is present but need not physically accompany the viewer at all times.

(b) The school board, charter school or department that receives a request under sub. (1) (a) shall acknowledge and provide for viewing the test within 90 days of receipt of the request.

CR 02-032 : cr. Register December 2002 No. 564 , eff. 1-1-03.

Note

The Confirmation of Destruction is available on the department's web site at http://www.dpi.state.wi.us/dpi/oea/pdf/dacgui02.pdf (see Appendix A). The Confidentiality Agreement is available on the department's web site at http://www.dpi.state.wi.us/dpi/oea/kc_confi.html . Both forms may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841. Microsoft Windows NT 6.1.7601 Service Pack 1