Compliance with Testing Rules

By registering to take the THEA Internet-Based Test (IBT), you are agreeing to abide by the Rules of Test Participation and all rules and requirements specified or referenced on the current program Web site and communicated to you, orally and/or in writing, at each test administration for which you have registered.

A nondisclosure agreement will be presented to you on computer after you sign in at the test center. It will ask you to indicate your agreement to the conditions set forth on the current program Web site, including the Rules of Test Participation for the THEA IBT and the rules communicated to you, orally and/or in writing, at the test administration. If you indicate that you do not accept the terms of the agreement, your test session will terminate and you will not be permitted to test.

Rules of Test Participation for the THEA Internet-Based Test (IBT)

COMPLIANCE: I understand that if I fail to comply with the rules and requirements specified or referenced on the current program Web site, including these Rules of Test Participation, and communicated to me, orally and/or in writing, at the test administration or if I take any prohibited actions, my test scores may be voided, no refund will be issued, no portion of the testing fee can be applied toward the cost of any future testing fees, I may not be permitted to register for current or future test administrations or my registration may be canceled, I may not be allowed to test, I may be required to test under controlled conditions, and legal proceedings and actions may be pursued as well as any other remedies that the Evaluation Systems group of Pearson, a business of NCS Pearson, Inc. (Evaluation Systems), may deem appropriate.

REGISTRATION: I have read and agree to the test fees and payment policies described on the current THEA IBT program Web site. I understand that I may not be permitted to register for current or future test sessions and/or my score report may not be produced and/or my scores may be voided if any or all outstanding fees that are applicable to me are not paid in full for all test dates and/or tests for which I have registered. Nonpayment information may be reported to Texas institutions. I understand that the test center where I schedule my test appointment may charge additional administration fees. It is my responsibility to clarify test center administration fees with the test center directly. I understand that once I submit payment, I will not be permitted to withdraw from the test. I understand that if I have taken the THEA IBT, I must wait 14 days before retaking the THEA IBT.

ABSENCE FROM TEST ADMINISTRATION: If I am absent from the test administration, I will not receive a refund of the THEA test fees, but I may reschedule my test appointment and apply my test fees to the rescheduled test date. I understand that the test center where I have scheduled my test appointment may charge additional administration fees and may have different refund policies related to those fees. It is my responsibility to clarify test center administration fees and policies with the test center directly.

PURPOSE OF TESTING: I understand that the THEA IBT is administered at designated institutions for the following purposes: (1) as a performance criterion elected by some accredited institutions of higher education in Texas; and (2) to fulfill a requirement for certain Texas education programs. I further understand that the THEA IBT is to be taken only by individuals who need to meet one or more of these requirements. I certify that I am taking the THEA IBT, for which I have registered, in an effort to meet one or more of the purposes stated above and for no other reason.

IDENTIFICATION: I understand that I may not be permitted to test if I do not have the proper identification. Proper identification consists of two pieces of positive identification, one of which contains a recent photograph. I understand that copies of my identification may be made, my photograph may be taken, and/or a video recording or other security measure may be employed at the administration, which may be used for identity verification. Additional screenings may be required at test center facilities. If I am refused admission to the test, for any reason, I will be considered absent and will not receive a refund of my test fees and/or test center administration fees. It is my responsibility to clarify test center administration fees and policies with the test center directly.

LATE ARRIVAL: I understand that if I arrive at the testing center after my scheduled appointment time, I may not be permitted to test. If I am not permitted to test I will be considered absent and will not receive a refund of my test fees and/or test center administration fees. It is my responsibility to clarify test center administration fees and policies with the test center directly.

TEST ADMINISTRATION: I authorize the test proctors to serve as my agents in maintaining a secure test administration. I agree to follow all reasonable instructions given to me either orally or in writing at or during the test administration, including, but not limited to, instructions to relocate me during the test session. I agree not to leave the test center until I have completed the test and have been dismissed by a test proctor. I also agree not to communicate with other examinees or any unauthorized persons in any way, in person, by telephone, or by any other communication device, during the test administration nor to engage in any other form of misconduct. I agree not to engage in behavior that would disrupt or unfairly affect the performance of myself or other examinees. I agree to provide identification as specified in Rule 6 and to cooperate with testing personnel. If I fail to comply with these provisions, I may be dismissed from the test center and my score(s) may be voided without refund of any kind, and other actions, as described in Rule 1, may be taken as deemed appropriate by Evaluation Systems.

TEST SECURITY

a. Test Property: I understand that all test materials and any portion thereof or information relating thereto (referred to below as the "Test Materials") were developed at great cost and are required to be kept confidential and secure from disclosure in order to fairly and effectively perform the test functions for which they were designed. I understand that my responses, without the identification of my name, may be used for research, for development and implementation of testing programs, for scorer training or study materials, or for other purposes associated with the program. I have not received or reviewed any Test Materials prior to taking the test and no Test Materials will be available for me to review after the test. I am not permitted to take (and I will not take) any Test Materials or handwritten or printed notes (referred to below as "Notes") reflecting or recording anything about the Test Materials from the testing room or to disassemble, copy, or reproduce the Test Materials in whole or in part, by hand or with the use of any electronic, or other type of, device of any nature.

b. Test Materials: I understand that I will not be permitted to bring to or use during the test: Notes, cellular phones, electronic communication devices, visual or audio recording or listening devices or any device with an on/off option, scratch paper (except scratch paper provided by my test proctor), or any other aid not approved in advance by Evaluation Systems (collectively referred to below as "Unauthorized Aids"). An on-screen calculator will be provided only for the Math Section of the test. Only the on-screen calculator provided may be used during the test. The use of unapproved calculators; the possession or use of calculators for any other section of the test; or the use of calculator watches, calculator manuals, cellular phones, or any Unauthorized Aids is prohibited. Throughout the test session, I will have nothing at my workstation but the materials provided by the test proctor. I may use scratch paper or other materials provided by the test proctor for any intermediate work I need to do to answer specific questions. However, only responses that I record on the computer will be scored. All scratch paper and/or other material provided by the test proctor must be returned to the test proctor before I am dismissed from the test center. I understand that if I do use Unauthorized Aids, my test score(s) may be voided.

I understand that if, despite my foregoing promises and agreements in Rules 9a and 9b above, test proctors have a reasonable suspicion that I have or may have in my possession any Test Materials, Notes, and/or Unauthorized Aids, I will immediately turn over any such Test Materials, Notes, and/or Unauthorized Aids in my possession to the test proctors at any time upon their request. If I should fail or refuse to do so or if the test proctors believe in good faith that I have not turned over all such Test Materials, Notes, and/or Unauthorized Aids in my possession, the test proctors may conduct a reasonable review of my personal possessions for such Test Materials, Notes, and/or Unauthorized Aids and may remove and retain any such Test Materials, Notes, and/or Unauthorized Aids that I may have for as long as may be required for the purposes referenced in Rule 1 above. Test proctors are not responsible for Unauthorized Aids or other prohibited material confiscated by them or otherwise turned over by me. In the event of a possible breach of test security, I agree to cooperate with the testing personnel and I hereby consent to any such reasonable review and to any incidental contact with my person or my possessions that may occur as a result of such a review before my dismissal from the test center. Moreover, I hereby waive any claim that I might otherwise have based upon any such review. If I fail to comply with these conditions, my score(s) may be voided without refund or credit of any kind; other actions, as described in Rule 1, may be taken as deemed appropriate by Evaluation Systems.

NONDISCLOSURE OF TEST MATERIALS: Because of the great cost expended to develop the Test Materials, because of the obvious necessity that they be kept confidential and secure from disclosure in order to fairly and effectively perform the test functions for which they were designed, and because any disclosure of part or all of the contents of the Test Materials to anyone might render them unusable for future test administrations, I promise and agree that I will not disclose the Test Materials or any part of them (including the form, subject matter, substance, and wording of any test question or any answer thereto) to anyone for a period of ten (10) years from the date of the test administration to which such Test Materials pertain. I understand and agree that if I should violate this agreement of nondisclosure, I may be liable in damages for the costs (including redevelopment costs) incurred as a result of any breach of this agreement, and I may also be subject to other legal and equitable remedies (including injunctive relief) for any such breach.

10.

TEST SESSION: I understand that the test session is four (4) hours long. This time may be used to work on any or all three sections of the test. After admission to the test center, I may not leave the test center for any reason until I have been officially dismissed and all of my materials have been collected by a test proctor. Once I have completed the test or at the end of the test session, any materials, including scratch paper, provided by the test proctor will be collected and I will be dismissed. Once dismissed, I must leave the test center and I will not be readmitted.

11.

TEST SCORE REPORTING AND SCORE CANCELLATION BY EXAMINEE: I understand that my test score(s) will be reported to me; to the Texas institution(s) indicated during any THEA IBT registration; to the test center at which I take the test; and to any other institution, entity, or person authorized or required by law to receive this information. Other state agencies may also access my score(s) as needed to verify that I have met the THEA requirements. I understand that any information provided as part of registration may be used to report scores or to contact me regarding test- or program-related issues. My score report will be produced even if I leave the testing room before I finish the test. Once I have begun to test, I may not cancel my scores.

12.

RIGHT TO VOID EXAMINEE SCORE(S): I understand that Evaluation Systems reserves the right to void my test score(s) if I fail to comply with the rules and requirements set forth on the current program Web site, including these Rules of Test Participation, and communicated to me, orally and/or in writing, at the test administration, or if, in its sole opinion, there is adequate reason to question the validity or legitimacy of my score(s). Other actions, as described in Rule 1, may also be taken as deemed appropriate by Evaluation Systems. I understand that, because of laws protecting confidentiality and privacy, only I can make inquiries about the status of my scores.

13.

RIGHTS AND OBLIGATIONS REGARDING TEST ADMINISTRATION: I understand and agree that liability for test administration activities, including, but not limited to, the adequacy or accuracy of test materials and equipment, the adequacy or accuracy of the registration and administration processes or conditions, the adequacy of test center facilities, the adequacy or accuracy of scoring, the adequacy or accuracy of score reports, the adequacy or accuracy of information provided to me in connection with the THEA IBT, and the adequacy of protection of examinee information will be limited to score correction or test retake at no additional fee. I waive any and all rights to all other claims, specifically including but not limited to claims for negligence arising out of any acts or omissions of the Texas Higher Education Coordinating Board (THECB), the State Board for Educator Certification (SBEC), and Evaluation Systems (including the employees, agents, contractors, or professional advisors of the THECB, the SBEC, and Evaluation Systems).

14.

OBJECTION TO PROCEDURES: If, for any reason, I object to the procedures presented in these Rules of Test Participation, I must advise Evaluation Systems, in writing, of the basis of my objection at least eight (8) weeks before the test date for which I wish to register for my objection to be taken under consideration. Under no circumstances may I register if I have such an objection. If I nevertheless object, my registration may be canceled, I may not be permitted to take the test, or my score(s) may be voided, unless I withdraw my objection in writing.

15.

RULES: I understand that should any of these rules or any other requirement or provision contained on the current program Web site be declared or determined by any court to be illegal or invalid, the remaining rules, requirements, and provisions will not be affected and the illegal or invalid rule, requirement, or provision shall not be deemed a part of the current program Web site. The headings of each of the Rules of Test Participation are for convenient reference only. They are not a part of the rules themselves; they do not necessarily reflect the entire subject matter of each rule; and they are not intended to be used for the purpose of modifying, interpreting, or construing any of these Rules of Test Participation. I agree that any legal action arising in connection with my registration for or participation in a test administration shall be brought in the state and federal courts governing St. Paul, Minnesota, and I consent to the personal jurisdiction of such courts.

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