Confidentiality of Student Scores When Publicizing Test Results

The confidentiality of students must be protected at all times when publicizing/reporting to the public test results (i.e., regular and retest scores). Practices that violate confidentiality rights are not permissible under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §1232g. Unethical practices include, but are not limited to

• publicly posting student names and test results.

• publicly announcing student names and test results over the intercom.

Additionally, the North Carolina Testing Code of Ethics states, ?Educators shall maintain the confidentiality of individual students. Publicizing test scores that contain the names of individual students is unethical?.In the event of a violation of this Rule, the State Board of Education may, in accordance with the contested case provisions of Chapter 150B of the General Statutes, impose any one or more of the following sanctions:

(2)   File a civil action against the person or persons responsible for the violation for copyright infringement or for any other available cause of action;

(3)   Seek criminal prosecution of the person or persons responsible for the violation; and

(4)   In accordance with the provisions of 16 NCAC 6C .0312, suspend or revoke the professional license of the person or persons responsible for the violation.?