(1) It is unlawful for anyone knowingly and wilfully to violate security procedures regulations promulgated by the State Board of Education for mandatory tests administered by or through the State Board of Education to students or educators, or knowingly and wilfully to:
(a) Give examinees access to test questions prior to testing;
(b) Copy, reproduce, or use in any manner inconsistent with test security regulations all or any portion of any secure test booklet;
(c) Coach examinees during testing or alter or interfere with examinees' responses in any way;
(d) Make answer keys available to examinees;
(e) Fail to follow security regulations for distribution and return of secure test as directed, or fail to account for all secure test materials before, during, and after testing;
(f) Participate in, direct, aid, counsel, assist in, encourage, or fail to report any of the acts prohibited in this section.
Any person violating the provisions of this section or regulations issued hereunder is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or be imprisoned for not more than ninety days, or both. Upon conviction, the State Board of Education may suspend or revoke the administrative or teaching credentials, or both, of the person convicted.
(2) The South Carolina Law Enforcement Division shall investigate allegations of violations of mandatory test security, either on its own initiative following receipt of allegations, or at the request of a school district or the State Department of Education.
The South Carolina Law Enforcement Division shall furnish to the State Superintendent of Education a report of the findings of any investigation conducted pursuant to this section.
(3) Nothing in this section may be construed to prohibit or interfere with the responsibilities of the State Board of Education or the State 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 State Superintendent of Education are necessary and appropriate.
HISTORY: 1985 Act No. 201, Part II, Section 9B(A).
Structure South Carolina Code of Laws
Chapter 1 - General Provisions
Section 59-1-20. Purpose of South Carolina School Code.
Section 59-1-30. Construction.
Section 59-1-40. Scope of State system of public education.
Section 59-1-50. Educational achievement goals for high school graduates and students.
Section 59-1-110. "Private school" defined.
Section 59-1-120. "Public school" defined.
Section 59-1-130. "Teacher" defined.
Section 59-1-140. "Teacher aide" defined.
Section 59-1-160. "School district" defined.
Section 59-1-170. "State Board" defined.
Section 59-1-180. "State Educational Finance Commission" defined.
Section 59-1-190. "State Department" defined.
Section 59-1-200. "Scholastic year" defined.
Section 59-1-310. Superintendents of education may administer oaths and probate certain papers.
Section 59-1-320. Display of United States and State flags.
Section 59-1-325. Patriotic depictions in schools.
Section 59-1-330. Pledge to State flag.
Section 59-1-340. Meetings of boards of trustees and boards of education.
Section 59-1-350. Compensation of members of boards of trustees and boards of education.
Section 59-1-360. Audiovisual properties may be loaned.
Section 59-1-370. Closing of educational institutions on general election day.
Section 59-1-380. Mandatory tobacco and alternative nicotine product-free local school board policy.
Section 59-1-400. Sick leave for public school employees.
Section 59-1-405. Distribution of contraceptives on school grounds prohibited.
Section 59-1-410. "Teacher Recognition Day."
Section 59-1-425. Beginning and length of school term; make-up days; waiver; instructional days.
Section 59-1-435. Religious Viewpoints Antidiscrimination Act.
Section 59-1-441. Policy to permit student to deliver message.
Section 59-1-442. Policy to permit opening or closing message at school-sponsored athletic events.
Section 59-1-443. Schools shall provide minute of mandatory silence at beginning of each school day.
Section 59-1-445. Violations of mandatory test security; penalties; investigations.
Section 59-1-447. Regulations for mandatory test security procedures.
Section 59-1-450. Parent education programs.
Section 59-1-452. Public school employee cost savings program.
Section 59-1-453. Oversight Committee.
Section 59-1-454. Parental involvement program; parent/teacher conferences.
Section 59-1-455. Time for pledge of allegiance required.
Section 59-1-460. Excused school attendance for religious instruction.
Section 59-1-465. Youth patriotic societies; public school event addresses.
Section 59-1-470. Distribution of funds for deferred compensation.
Section 59-1-480. Lapsed funds; priority of use.
Section 59-1-490. Data use and governance policy.
Section 59-1-495. Committee to review Title 59 and related federal laws.
Section 59-1-510. Guidelines and regulations for recruiting and hiring staff in professional areas.