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Advice From An Attorney For Teachers Accused Of Test Administration Misconduct

On Behalf of | Jun 7, 2018

Florida standardized tests like the FSA or EOC are proctored by school staff including teachers. More often than most think, school districts or Florida Department of Education (DOE) find test administration problems. What should a teacher do if they were accused of inappropriate test administration? Read on for tips from an attorney for teachers and school employees.

What type of FSA or EOC test administration issues could come up?

I have helped teachers with a wide range of issues. Some particular test administration problems include:

  • Students claim a teacher or test administrator helped them on test questions or gave them test answers.
  • Student answers are too similar.
  • Student erasers or the amount of wrong to right answer changes are abnormally high.
  • Not following the test administration prompts and giving too much or too little testing time.
  • Failing to train teachers in test administration procedures.

How will a teacher or school employee know if there is an issue with FSA or EOC test administration?

The first indication of an issue usually happens when the test administrator receives a certified letter from the Florida Department of Education. This letter is typically called a letter of investigation.

Should a teacher respond to a letter of investigation?

I always recommend that teachers or school staff not directly respond to the letter of investigation. If documents, a statement, or other information is sent by the person accused, it can be considered admissions.

What should a teacher or school staff do if accused of a testing issue?

When you first find out about the charges, keep quiet. Do not jump into defense mode. You want to get all the information before you say anything in your defense. If you make a statement before getting the full picture, you could say something or give documents that makes your situation worse.

Call a defense attorney for teachers and school employees immediately.

An attorney is necessary for district and DOE investigations. Remember when I said that any statements or submissions given by a teacher or staff member is considered an admission? Well if it is sent by an attorney, they are not. Therefore, if more information comes out during an investigation, the defense can change. Additionally, an experience attorney for DOE issues knows the process and procedures to guide you through with the best chance of success.

Can you help all Florida teachers and school employees accused of test administration misconduct?

Yes. I work with school employees all over the state from Tallahassee to Key West and everywhere in between. I have experience working with all school districts and the department of education to successfully defend teachers and school staff facing discipline against their certificate.

We will fight to protect your teaching certificate and career.

Click here to read about FSA and EOC administration tips to protect teachers from accusations of misconduct. Click here to read about the Asselta Law teacher defense practice area. Click here to read about defense of school administrators. Richard Asselta is an award-winning teacher and school administrator defense attorney. He defends school staff against accusations of misconduct and discipline at both the school, district, and state level. Call today for a free consultation and find out how we will fight to protect your certificate. 855-338-5299 Click here to read what clients are saying about Richard on AVVO, an attorney review website.