By registering on the Internet or submitting a registration form (even if your registration form is received without your signature) for the THEA Test, 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, which will contain an agreement to the Rules of Test Participation, prior to testing at the center on the day of the test. Failure to sign your answer document 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 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 National Evaluation Systems (NES®) may deem appropriate.
2.	REGISTRATION: 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, if my registration form is not signed, or if the identity certification statement is not completed. Nonpayment information may be reported to Texas institutions.
3.	WITHDRAWAL FROM TEST ADMINISTRATION: I may withdraw from a test administration and receive a partial refund if my request to withdraw is received by the end of the late regis­tration period for the test date from which I am withdrawing. 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 THEA Test is administered for the following purposes: (1) to meet requirements mandated by Texas law regarding enrollment in Texas public colleges and universities; (2) for entrance into state-approved educator preparation programs, if required by the educator preparation programs; and (3) as a performance criterion elected by some accredited institutions of higher education in Texas. I further understand that the THEA Test 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 Test, for which I have registered, in an effort to meet one or more of the purposes stated above and for no other reason.
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 center facilities. If I am refused admission to the test, for any reason, I will be considered absent from the test 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.
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 leave the test center until I have completed the test and have been dismissed by a test administrator. 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 5 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 or credit of any kind, and other actions, as described in Rule 1, may be taken as deemed appropriate by NES. I agree to sign the answer document and to write out the identity certification statement. If I fail to do so, my score(s) may be voided without refund or credit of any kind.
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”) 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 information or communication devices, calculator watches, calculator manuals, unapproved calculators, scratch paper, or any other aid not approved in advance by NES (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, and erasers. I may use the margins or any other blank space of the test booklet for any intermediate work I need to do to answer specific questions. However, only the answers and writing sample that I record on my answer document will be scored. I understand that if I do use Unauthorized Aids, my test score(s) may be voided. I understand that if I wish to use a calculator, I must bring and use only a calculator approved for use as set forth in the current registration bulletin (see “The Test Session” for guide­lines regarding the type of calculator that is allowed). I understand that NES is not responsible for the proper functioning of my calculator, nor is NES liable for any consequential damages or any other harm or consequence of any kind whatsoever that may result from a calculator malfunction, from my usage of, or from my choice of calculator. I understand 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 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 administra­tors 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 NES.
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.	TEST SESSION: I understand that the test session is five (5) hours long. 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 Test Materials have been collected by a test administrator. This time may be used to work on any or all three sections of the test. When time is called at the end of the test session, I understand that I must stop work immediately or my score(s) may be voided. 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 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 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 Texas institutions and/or state agencies may also receive my score(s) as needed. 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 I do not want my score(s) reported, I under­stand that I must complete a Score Cancellation Form at the test center on the day of the test. Score cancellation requests submitted after I leave the test center will not be honored. 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 or any Texas institution.
12.	RIGHT TO VOID EXAMINEE SCORE(S): I understand that NES reserves the right to void my test score(s) if I fail to comply with the rules and requirements set forth in this bulletin, 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 NES. 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 Test, 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 NES (including the employees, agents, contractors, or professional advisors of the THECB, the SBEC, and NES).
14.	OBJECTION TO PROCEDURES: If, for any reason, I object to the procedures presented in these Rules of Test Participation, I must advise NES, 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 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, 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 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 Austin, Texas, and I consent to the personal jurisdiction of such courts.

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