BILL NUMBER: AB 2122	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 29, 2012
	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 an accommodation, and would prohibit 
the Law School Admission Council   that test sponsor
 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 subject who 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, 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 an accommodation pursuant to
this section.
   (2) The  test sponsor of the  Law School Admission
 Council   Test  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.