2008–2009 BEFORE YOU REGISTER

COMPLIANCE WITH TESTING RULES

By registering on the Internet, registering by telephone, or submitting a registration form (even if your registration form is received without your signature) for the New Mexico Teacher Assessments, you are agreeing to abide by the Rules of Test Participation and all rules and requirements specified or referenced in the current registration bulletin and communicated to you, orally or in writing, at each test administration for which you have registered. You will also be asked to sign your answer document(s), which will contain an agreement to the Rules of Test Participation, prior to testing at the site on the day of the test. Failure to sign your answer document(s) on the day of the test may result in the voiding of your test scores or in your not being allowed to test.

Rules of Test Participation

1.	COMPLIANCE: I understand that if I fail to comply with the rules and requirements specified or referenced in the current bulletin, 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 results 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, 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 State of New Mexico Public Education Department (PED) and/or the Evaluation Systems group of Pearson, a business of NCS Pearson, Inc. (Evaluation Systems), may deem appropriate, including denying, revoking, or suspending a teaching license.
2.	REGISTRATION: I have read and agree to the "Test Fees and Payment Policies" section of the current bulletin. I understand that if any or all fees that are applicable to me are not paid in full for all test dates and/or tests for which I have registered for the New Mexico Teacher Assessments, if my registration form is not signed, or if the identity certification statement is not completed, 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 score(s) may be voided.
3.	WITHDRAWAL FROM TEST ADMINISTRATION: I may withdraw from a test administration and receive a partial refund if I withdraw before the regular registration deadline for the test date for which I have registered. If I withdraw later than the regular registration deadline or if I am absent from the test administration, I will receive no refund or credit of any kind.
4.	PURPOSE OF TESTING: I understand that the tests are administered for the purpose of licensure only and are to be taken only by individuals either enrolled in, or seeking enrollment in, a state teacher education program or by individuals who are seeking teacher licensure. I certify that I am taking the test for which I have registered for the purpose of teacher licensure or as part of the state-approved teacher licensure process.
5.	IDENTIFICATION: I understand that I may not be admitted to the testing room if I do not have the proper identification. Proper identification consists of a valid admission ticket and 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 site facilities. If I am refused admission to the test, for any reason, I will be considered absent and will receive no refund or credit of any kind.
6.	LATE ARRIVAL: I understand that if I arrive after a test administration has begun, I may be refused admission, in which case I will be considered absent and I will receive no refund or credit of any kind. If I am admitted after a test administration has begun, I will be required to sign an acknowledgment of late arrival, specifying that no additional time will be allotted. If I am taking a test with a recorded component, I will not be admitted once the recording has started.
7.	TEST ADMINISTRATION: I authorize the test administrators 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 communicate with other examinees or any unauthorized persons in any way 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 sign the answer document, to write out the identity certification statement, to provide identification as specified above, and to cooperate with testing personnel. If I fail to comply with these provisions, I may be dismissed from the test site, my score may be voided without refund or credit of any kind, and other actions, as described in Rule 1, may be taken as deemed appropriate by the PED and Evaluation Systems.
8.	TEST SECURITY A. TEST PROPERTY: I understand that all test booklets, answer documents, and all other test materials and any portion thereof or information relating thereto (referred to below as the "Test Materials") are the sole property of the PED and Evaluation Systems. I understand that my responses, without the identification of my name, may be used for research, development and implementation of testing programs, scorer training or study materials, or other purposes associated with the program. I understand and acknowledge that 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 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 to use during the test: Notes, cellular phones, electronic communication devices, visual or audio recording or listening devices or any device with an on/off switch, scratch paper, or any other unauthorized aid (collectively referred to below as "Unauthorized Aids"). Throughout the test session, I will have nothing on my desk but the test booklet, answer document, pencils, erasers, and my photo identification. I understand that I must bring my own calculator for the Mathematics (14) test only and that I will be allowed to bring and use only one of the brands/models of calculators approved for use as set forth in this registration bulletin. I further understand that test administration staff will clear the memory of my calculator both before and after the test. The possession or use of calculators for any other test, except for the Middle Level Mathematics (24) test, for which calculators will be provided, or of calculator watches, calculator manuals, or any other Unauthorized Aid is prohibited. I may use the margins of the test booklet for any intermediate work I need to do to answer the specific questions. However, only answers that I record on my answer document and performance assignment responses that I record on my answer document will be scored. I understand and agree that if, despite my foregoing promises and agreements in Rules 8A and 8B above, test administrators 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 administrators at any time upon their request. If I should fail or refuse to do so, or if the test administrators believe in good faith that I have not turned over all such Test Materials, Notes, and/or Unauthorized Aids in my possession, the test administrators may search my person and my personal possessions for such Test Materials, Notes, and/or Unauthorized Aids and may remove them. Any such Test Materials, Notes, and/or Unauthorized Aids that I may have may be retained for as long as may be required for the purpose of pursuing the remedies specified in Rule 1 above. Test administrators, Evaluation Systems, and the PED 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 search and to any incidental contact with my person or my possessions that may occur as a result of such a search before my dismissal from the test site. Moreover, I hereby waive any claim that I might otherwise have based upon any such search or contact. If I fail to comply with these conditions, my name may be reported to the PED and Evaluation Systems, my score(s) may be voided without refund or credit of any kind, and other actions, as described in Rule 1, may be taken as deemed appropriate by the PED and Evaluation Systems.
9.	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.	CALCULATORS: I understand that the PED and Evaluation Systems make no warranty, either expressed or implied, regarding the calculator directions (if provided) or the performance or accuracy of the calculator provided for certain tests, including but not limited to warranty of merchantability or warranty of fitness for a particular purpose. I further understand that liability for special, collateral, incidental, or consequential damages in connection with or arising out of the use of the calculator or directions (if provided) will be limited to score correction or test retake at no additional fee.
11.	TEST SESSION: I understand that the test session is four hours long. After admission to the test site, I may not leave the test site for any reason until I have been officially dismissed and all of my Test Materials have been collected by a test administrator. Once I have completed the test, or at the end of the test session, my Test Materials will be collected and I will be dismissed. Once dismissed, I must leave the test site and I will not be readmitted.
12.	TEST SCORE REPORTING AND CANCELLATION: I understand that my test score(s) will be reported to me; to the PED; to the New Mexico institution indicated during registration; and to any other institution, entity, or person authorized or required by law to receive this information, even if I leave the testing room before I finish the test. 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. If after the test administration I wish to cancel my score, I understand that a request in writing must be received by Evaluation Systems within seven (7) days after the test date. A Score Cancellation Form will be available at the test site on the day of the test. If I cancel my test score, I will receive no refund or credit of any kind, and my score will not be entered into any records or reported to me, the PED, or any New Mexico institution.
13.	VOIDED SCORE: I understand that if I fail to comply with the rules and requirements set forth in the current registration bulletin, including these Rules of Test Participation, and communicated to me, orally and/or in writing, at the test administration, or if doubts are raised about the validity or legitimacy of my registration or my score(s), Evaluation Systems will notify the PED and other parties as deemed appropriate by the Department. The PED and Evaluation Systems reserve the right to void my test score(s) if, in their sole opinion, there is adequate reason to question the validity or legitimacy of the score due to circumstances within or beyond my control. Other actions, as described in Rule 1, may be taken as deemed appropriate by the PED and/or Evaluation Systems.
14.	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 site 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 New Mexico Teacher Assessments program, 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 PED and Evaluation Systems (including the employees, agents, contractors, or professional advisors of the PED and Evaluation Systems).
15.	PROGRAM CHANGES: I understand that the testing program is subject to change at the sole discretion of the PED.
16.	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. If my objection is not honored, I will not be registered for the test administration. Under no circumstances may I register using the late or emergency registration procedures if I have such an objection. If I nevertheless object, my registration may be canceled, I may not be permitted to test, or my score may be voided.
17.	RULES: I understand that should any of these rules or any other requirement or provision contained in the current registration bulletin 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 bulletin. 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 Santa Fe, New Mexico, and I consent to the personal jurisdiction of such courts.

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