Handling Allegations of
Educator Cheating in
State Testing
Tina Sciocchetti, Executive Director
John Czajka, Counsel
New York State Test Security Unit
MASLA Annual Conference Lake Placid
July 16, 2013
NYSED Test Security Unit
 Established
March 2012 after Special
Investigator reviewed NYSED protocols
 August
2012 - fully operational
 Mandate: handle
and resolve statewide
educator cheating and test security
matters; enhance state test security
policies, training, and protocols
TEST SECURITY UNIT STAFF

Two former prosecutors

Four investigators with combined 85
years of state and federal law
enforcement experience

Dedicated IT support to create on-line,
web-based processes
Test Administration by the Numbers
 Grades 3-8 ELA & Math (2012)
◦ Approx. 1.2 million administered
◦ Approx. 4,400 schools
 Regents (Aug. 2010, Jan/Jun
◦ Approx. 2 million administered
◦ Approx. 2,700 schools
2011)
Ways Educators Cheat
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Retaining 3-8 tests and field tests, using for next exam
Opening test materials before designated time
Pre- and mid-exam lessons based on review of test content
Distributing cheat sheets, formulas, definitions before test
Giving a student more time to take test
Defining words, concepts, or questions, on test
Using voice inflection or physical gestures to cue answers
Coaching a student during testing
Allowing a student to alter exam answers post-admin
Altering a student’s answers after test handed in
Filling in blank bubbles left by students
Adding points to a student’s test score to help student pass
Altering a student’s test score during recording/reporting
Coordinated exclusion/suspension of poor test takers
Encouraging low performers to stay home during testing
Intake of Allegations

Website: www.highered.nysed.gov/tsei

Email: TSU@mail.nysed.gov

Office of State Assessments (OSA)

Other SED sources (Waste, Fraud and
Abuse, OSPRA)

Public sources (review of blogs, news
accounts, legislative/executive referrals)
3
Integrity Officer Network

37 BOCES and Big 5 designees, often the District
Superintendent
◦ www.highered.nysed.gov/tsei/iolist

Specialized training from TSU

Dedicated TSU Investigator assigned to each IO (on
regional basis)

“Boots on the ground” for cheating reports, securing
evidence, investigation

Districts kept better informed about cheating
allegations/disposition of cases

Portal for new policies and regional training
Typical Test Security Investigation

New matter assigned to TSU investigator

Investigator works with Integrity Officer and District Counsel to
develop investigative plan

Evidence secured and stored

Joint interviews, if possible

Forensic analysis and review of historical testing data

Review of prior disciplinary history for educator and school
(including search of test fraud database)

TSU role in investigation depends on nature and scope of alleged
improprieties
Key Evidence
Test books and answer sheets for all
students tested (preserve schoolwide)
 Proctor assignments, seating charts
 Proctor/scorer certificates
 Scoring assignments and instructions
 Crib sheets, scrap papers, testing aids
 Test administration training records (inservice materials, emails to staff)
 Student transcripts, IEP plans
 Disciplinary records for educator(s)

District/IO/TSU Coordination
Goal: independent, professional
investigations with oversight by IO and
TSU
 Avoid duplicative interviews, disruption to
district
 Communication concerning potential
disciplinary action(s) (Part 83, 3020-a,
local sanctions)
 Possible global resolutions for district and
state, concurrent penalties

Public Notice

TSU is required to give annual public report of its
activities and outcomes of investigations, including
confirmed test fraud cases

Public disclosure of SED testing audits (e.g., erasure
analysis), as appropriate, also required

Districts required to report on test integrity issues,
including disclosure of confirmed allegations
◦ Mandated reporting of educator fraud cases by school personnel
◦ Corrective Action Plans
Best Practices
Report known instances of alleged
cheating immediately (web best portal)
 Identify witnesses, including all students
and adults in room
 Secure evidence, including test booklets
(do not send to destruction)
 Consult with TSU or IO before beginning
an investigation
 If investigation already started, collect all
notes/reports

Questions?
Handling Allegations of
Educator Cheating in
State Testing
Tina Sciocchetti, Executive Director
John Czajka, Counsel
New York State Test Security Unit
MASLA Annual Conference Lake Placid
July 16, 2013