BILL NUMBER: AB 2122	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  JUNE 26, 2012
	AMENDED IN SENATE  JUNE 13, 2012
	AMENDED IN ASSEMBLY  MARCH 21, 2012

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 23, 2012

   An act to add Section 99161.5 to the Education Code, relating to
standardized testing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2122, as amended, Lara. Standardized testing: testing
accommodations.
   Existing law imposes various requirements on a test sponsor or
test agency, as defined, with respect to the administration of
standardized tests for purposes of postsecondary education.
   Existing law provides that a test sponsor that intentionally
violates these provisions is liable for a civil penalty not to exceed
$750 for each violation.
   This bill would require the test sponsor of the Law School
Admission Test to provide testing accommodations to a test subject
who is disabled, as specified. The bill would require the process for
determining whether to grant an accommodation to be made public, the
outcome of the request to be conveyed to the requester within a
reasonable amount of time, and the reasons for a denial of a request
for accommodation to be stated to the requester in writing. The bill
would require that test sponsor to establish a timely appeals process
when a request is denied  ,  and to clearly post on
the Law School Admission Test Internet Web site information
regarding refund policies for individuals whose requests for
accommodation are denied. The bill would prohibit that test sponsor
from notifying a test score recipient that the score of any test
subject was obtained by a subject who received 
accommodations. A   an accommodation, and would prohibit
the Law School Admission Council from withholding any information
that would lead a test score recipient to deduce that a score was
earned by a subject who received an accommodation. Under this bill,
an intentional  violation of these requirements would subject a
test sponsor to the above civil penalty.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 99161.5 is added to the Education Code, to
read:
   99161.5.  (a) (1) The test sponsor of the Law School Admission
Test shall provide testing accommodations to a test subject with a
disability who makes a timely request to ensure that the Law School
Admission Test accurately reflects the aptitude, achievement levels,
or other factors that the test purports to measure and does not
reflect the test subject's disability.  This paragraph does not
constitute a change in, but is declaratory of, existing law. 
   (2) The process for determining whether to grant an accommodation
under paragraph (1) shall be made public, and the decision whether or
not to approve a request for an accommodation shall be conveyed to
the requester within a reasonable amount of time. If the test sponsor
of the Law School Admission Test does not approve a request for
accommodation, the test sponsor shall state the reasons for the
denial of the request to the requester in writing.
   (3) The test sponsor of the Law School Admission Test shall
establish a timely appeals process for a test  taker
  subject  who  has been   is
 denied an accommodation request. The test sponsor of the Law
School Admission Test shall clearly post on the Law School Admission
Test Internet Web site information regarding refund policies for
individuals whose requests for accommodation are denied.
   (b) Whenever a test subject has received formal testing
accommodations from a postsecondary educational institution for a
disability as defined in subdivision (j), (l), or (m) of Section
12926 of the Government Code, the test sponsor of the Law School
Admission Test shall  provide accommodations to that test
subject   , consistent with existing law, give
considerable weight to documentation of past modifications,
accommodations, or auxiliary aids or services received by the test
subject in similar testing situations when determining whether to
grant an accommodation to the test subject  .
   (c)  (1)    The test sponsor of the Law School
Admission Test shall not notify a test score recipient that the score
of any test subject was obtained by a subject who received 
accommodations   an accommodation  pursuant to this
section. 
   (2) The Law School Admission Council shall not withhold any
information that would lead a test score recipient to deduce that a
score was earned by a subject who received an accommodation pursuant
to this section.  
   (3) This subdivision does not constitute a change in, but is
declaratory of, existing law. 
   (d) This section shall not be construed to limit or replace any
other right or remedy that exists under state or federal law. 
   (e) This section shall not provide greater protections to persons
with disabilities than those provided by Section 51 of the Civil
Code.