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 NYSTCE, you are agreeing to abide by the current Rules of Test Participation or Rules for Assessment of Teaching Skills—Performance (ATS–P) (Video) Participation and all procedures and policies contained in the current registration bulletin and/or the current ATS–P Procedures Manual and/or communicated to you, orally or in writing, at each test administration for which you have registered. You will also be asked to sign your agreement to the Rules of Test Participation prior to testing at the site on the day of the test. If you take the Assessment of Teaching Skills—Performance (ATS–P) (video), you will be asked to sign your agreement to the Rules for Assessment of Teaching Skills—Performance (ATS–P) (Video) Participation upon submission of your video recording for scoring. Failure to sign the registration form when registering for a NYSTCE test or your answer document(s) on the day of the test may result in the voiding of your test results or in your not being allowed to test. Failure to sign the registration form when registering for the Assessment of Teaching Skills—Performance (ATS–P) (video) or failure to sign your agreement when submitting your video recording for scoring may result in the voiding of your ATS–P results.

Rules of Test Participation for All Tests Except the Assessment of Teaching Skills—Performance (ATS–P) (Video)

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 New York State Education Department (NYSED) and/or the Evaluation Systems group of Pearson, a business of NCS Pearson, Inc. (Evaluation Systems), may deem appropriate. In addition, I understand that test fraud is a ground for denial, revocation, and/or suspension of a teaching credential or certificate.
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 NYSTCE, or 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 end of the late registration period for the test date for which I have registered. If I withdraw later than the end of the late registration period 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 certification only and are to be taken only by individuals either enrolled in a state teacher education program or seeking teacher certification. I certify that I am taking the test(s) for which I have registered for the purpose of teacher certification.
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 an admission ticket and two pieces of positive identification, one of which contains a recent photograph. I understand that I will be required to provide a thumbprint at the test site, copies of my identification may be made, a 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 by 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 more than 30 minutes after a test administration has begun, I will be refused admission, I will be considered absent, and I will receive no refund or credit of any kind. If I arrive within 30 minutes 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 beyond that already given to other examinees for the session. I understand that if I am taking a test with a recorded component (a Content Specialty Test for a language other than English or Latin, a Bilingual Education Assessment, or the Music test), 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 or 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 NYSED and Evaluation Systems.
8.	TEST SECURITY 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 NYSED 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. 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, 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 graphing calculator for the Mathematics (004) test and that I will only be allowed to use one of the brands/models of calculators approved for use for this test as set forth in "Test Selection" of the current registration bulletin. I further understand that test administration staff will clear the memory of my graphing calculator both before and after the test. Scientific calculators will be provided for the Chemistry (007) and Physics (009) tests. Only the calculator provided by my test administrator may be used during these tests. The use of unapproved calculators for these fields, or the use of calculator watches, calculator manuals, cellular phones, scratch paper, or any Unauthorized Aids, is prohibited. I may use the margins of the test booklet for any intermediate work that I need to do to answer the specific questions. However, only answers that I record on my answer document (or on tape, for taped sections) and writing samples that I record on my answer document will be scored. I understand and agree that if 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 NYSED are not responsible for Unauthorized Aids or other prohibited materials confiscated by test administrators 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. I also understand that a breach of security might result in my name being reported to the NYSED and to Evaluation Systems; 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 NYSED and Evaluation Systems.
9.	SECURITY 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 discuss with anyone or reveal in any manner the Test Materials or any part of them (including the form, subject matter, substance, and wording of any test question or answer). I understand and agree that if I should violate this agreement concerning security of Test Materials, 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 NYSED 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 each 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 unless I am registered to take a test later that day.
12.	TEST SCORE REPORTING AND CANCELLATION: I understand that my test score(s) will be reported to me and to the NYSED. My score(s) will also be released to the New York State institution I indicated during registration unless I submit written notification that I do not wish my score(s) to be released to that institution and this notification is received by one week after the test date. My test score(s) may also be reported to any other institution, entity, or person authorized or required by law to receive this information. 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 sent even if I leave the testing room before I finish the test. If after the test administration I wish to cancel my score(s), 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(s), I will receive no refund or credit of any kind, and my score(s) will not be entered into any records or reported to me, the NYSED, or any New York State institution.
13.	VOIDED SCORE: I understand that if I fail to comply with the rules and requirements set forth 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 doubts are raised about the validity or legitimacy of my registration or my score(s), Evaluation Systems will notify the NYSED and other parties as deemed appropriate by the NYSED. The NYSED 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(s) due to circumstances within or beyond my control. Other actions, as described in Rule 1, may be taken as deemed appropriate by the NYSED 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 NYSTCE 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 NYSED and Evaluation Systems (including the agents, employees, contractors, or professional advisors of the NYSED and Evaluation Systems).
15.	PROGRAM CHANGES: I understand that the testing program is subject to change at the sole discretion of the NYSED.
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. 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 take the test(s), or my score(s) may be voided, unless I withdraw my objection in writing.
17.	RULES: I understand that should any of these rules or any other requirement or provision contained in the current 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 Albany, New York, and I consent to the personal jurisdiction of such courts.

Rules for Assessment of Teaching Skills—Performance (ATS–P) (Video) 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 for ATS–P Participation, or if I take any prohibited actions, my 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 NYSTCE assessments, my registration may be canceled, I may be prohibited in the future from registering for the ATS–P, 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 New York State Education Department (NYSED) and/or the Evaluation Systems group of Pearson, a business of NCS Pearson, Inc. (Evaluation Systems), may deem appropriate. In addition, I understand that test fraud is a ground for revocation and/or suspension of a teaching credential or certificate.
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 NYSTCE assessments for which I have registered, or 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 NYSTCE assessments and/or my score report may not be produced and/or my results may be voided.
3.	VALIDITY OF REGISTRATION: I understand that my ATS–P registration is valid for the current NYSTCE ATS–P program year (July 1, 2009, to June 11, 2010). I understand that if Evaluation Systems does not receive my ATS–P video recording and related documentation by the final submission deadline of the program year in which I have registered for the ATS–P, I will no longer be registered for the ATS–P and I will not receive a refund or credit of any kind unless I submit a properly completed Withdrawal/Refund Request Form by June 11, 2010. I understand that if Evaluation Systems receives my video recording after the final submission deadline of the program year in which I have registered for the ATS–P (June 11, 2010), it will be returned to me.
4.	WITHDRAWAL OF REGISTRATION: I understand that I may withdraw my registration and receive a partial refund if I make such a request before the final submission deadline of the program year in which I am registered and before I have submitted a video recording and/or related documentation. Once my ATS–P video recording and/or related documentation are received by Evaluation Systems by the final submission deadline of the program year in which I am registered, I may not obtain a refund or credit of any kind, nor will I be permitted to have my ATS–P materials returned.
5.	PURPOSE OF ASSESSMENT: I understand that this assessment is administered for the purpose of permanent certification only and is only to be taken by individuals seeking permanent teacher certification. I certify that I am taking this assessment, for which I have registered, for the purpose of permanent teacher certification.
6.	CONFORMITY WITH PROCEDURES: I understand that if my video recording submission and related documentation do not conform to the current ATS–P Procedures Manual policies, my video recording will receive a rating of "Requirements Not Met," no refund of my fee will be issued, and no portion of my fee can be applied to the cost of any future test.
7.	ATS–P MATERIALS: I understand that all ATS–P materials that I have submitted to Evaluation Systems become the sole property of the NYSED upon their receipt by Evaluation Systems. The ATS–P materials will not be duplicated for me. The ATS–P materials will not be returned to me unless Evaluation Systems receives my materials after the final submission deadline of the program year in which I have registered for the ATS–P.
8.	SCORE REPORTING AND CANCELLATION: I understand that my results will be reported to me; to the NYSED; and to any other institution, entity, or person authorized or required by law to receive this information. 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. Once I submit my video recording and related documentation, I cannot cancel the scoring or score reporting.
9.	VOIDED RESULTS: I understand that if I fail to comply with the rules and requirements set forth in the current bulletin, including these Rules for ATS–P Participation, or if doubts are raised about the validity or legitimacy of my registration, my submitted ATS–P video recording and related documentation, or my results, Evaluation Systems will notify the NYSED and other parties as deemed appropriate by the NYSED. The NYSED and Evaluation Systems reserve the right to void my results if, in their sole opinion, there is adequate reason to question the validity or legitimacy of the results due to circumstances within or beyond my control. Other actions, as described in Rule 1, may be taken as deemed appropriate by the NYSED and/or Evaluation Systems.
10.	RIGHTS AND OBLIGATIONS REGARDING ATS–P: I understand and agree that liability for assessment activities, including but not limited to the adequacy or accuracy of assessment materials, the adequacy or accuracy of the registration and assessment processes or conditions, 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 NYSTCE program, and the adequacy of protection of examinee information, will be limited to score correction or ATS–P retake at no additional fee. I understand and agree that liability for lost or damaged ATS–P video recordings and related documentation will be limited to an additional submission of an ATS–P video recording and related documentation 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 NYSED and Evaluation Systems (including the agents, employees, contractors, or professional advisors of the NYSED and Evaluation Systems).
11.	PROGRAM CHANGES: I understand that the testing program is subject to change at the sole discretion of the NYSED.
12.	OBJECTION TO PROCEDURES: If, for any reason, I object to the procedures presented in these Rules for ATS–P Participation, I must advise Evaluation Systems, in writing, of the basis of my objection at least eight (8) weeks before the submission deadline 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 ATS–P. If I nevertheless object, my registration may be canceled or my results may be voided, unless I withdraw my objection in writing.
13.	RULES: I understand that should any of these rules or any other requirement or provision contained in the current 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 for ATS–P 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 for ATS–P Participation. I agree that any legal action arising in connection with my registration for or participation in the ATS–P shall be brought in the state and federal courts governing Albany, New York, and I consent to the personal jurisdiction of such courts.

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