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Panel debates tightened test-security rules, warns against uneven criminal referrals

Legislative committee (unspecified) · March 4, 2026

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Summary

Committee reviewed amendments to test-security regulations to reflect electronic testing and add specific violations and potential disciplinary consequences; members asked CHE to confirm statutory authority for criminal referrals and to clarify district reporting and student-notification procedures.

Committee members considered proposed amendments to test-security regulation 43-100 designed to modernize rules for electronic testing and to list additional test-security violations.

An Agency official said the amendments bring the regulation into alignment with current law requiring some tests to be administered electronically and that districts would now be asked to submit security policies to the department rather than merely develop and adopt them locally. The changes also list possible student disciplinary actions, including invalidation of a test under certain circumstances.

The Chair and other members expressed concern about language that could expose students to criminal prosecution, asking for the statutory basis and whether districts would make inconsistent criminal-referral decisions. ‘‘My concern would be subjecting somebody to criminal prosecutions based on a list serve communication … that concerns me a little bit,’’ the Chair said. The Agency official agreed to check the source provisions and to explain how the provisions would be applied and reported by districts.

Members asked for clearer notification or warning procedures for students and for staff to provide a crosswalk to show the regulatory changes side-by-side with existing language. CHE staff said the disciplinary portion largely aligns with district authority and that the department will provide details to clarify application.