37-35-13 - Criminal penalties for violations of General Educational Development Test (GED) security procedures.
§ 37-35-13. Criminal penalties for violations of General Educational Development Test (GED) security procedures.
(1) It is unlawful for anyone knowingly and willfully to do any of the following acts regarding the General Education Development Test (GED):
(a) Give an examinee access to test questions prior to testing;
(b) Copy or reproduce all or any portion of any secure test booklet or completed test;
(c) Coach an examinee during testing or alter or interfere with an examinee's response in any way;
(d) Make an answer key available to an examinee;
(e) Forge, counterfeit or alter a transcript, diploma, grade report or GED test;
(f) Fail to account for all secure test materials before, during and after testing;
(g) Participate in, direct, aid, counsel, assist in, encourage, fail to report any of the acts prohibited in this section, or engage in any activity with the intent to fraudulently obtain a GED.
(2) Any person violating any provisions of subsection (1) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned for not more than ninety (90) days, or both. Upon conviction, the State Board for Community and Junior Colleges may suspend or revoke the GED credential of the person convicted.
(3) The district attorney or county prosecuting attorney shall investigate allegations of violations of this section, either on their own initiative or following the receipt of an allegation, or at the request of the Executive Director of the State Board for Community and Junior Colleges.
(4) The district attorney or county prosecuting attorney shall furnish to the Executive Director of the State Board for Community and Junior Colleges a report of the findings of any investigation conducted pursuant to this section.
(5) Nothing in this section may be construed to prohibit or interfere with the responsibilities of the State Board for Community and Junior Colleges in test development or selection, test form construction, standard setting, test scoring and reporting, or any other related activities which in the judgment of the Executive Director of the State Board for Community and Junior Colleges are necessary and appropriate.
Sources: Laws, 2005, ch. 405, § 1, eff from and after July 1, 2005.