AB 928 Assembly Bill

BILL NUMBER: AB 928	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 14, 2013

INTRODUCED BY   Assembly Member Olsen

                        FEBRUARY 22, 2013

   An act to add Chapter 11 (commencing with Section 60910) to Part
33 of Division 4 of Title 2 of the Education Code, relating to
standardized tests.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 928, as amended, Olsen. Standardized tests: sale to private
schools  or private school organizations  .
   Existing law requires the Superintendent of Public Instruction to
provide for the development of an assessment instrument, to be called
the California Standards Tests, that measures the degree to which
pupils are achieving the academically rigorous content standards and
performance standards, to the extent standards have been adopted by
the State Board of Education. Existing law requires, in approving a
contract for the development or administration of the California
Standards Tests, the state board to consider certain things,
including the ability of the contractor to produce valid, reliable
individual pupil scores. Existing law requires test publishers to
agree in writing to meet certain requirements, including the
requirement that the tests be aligned to the academically rigorous
content and performance standards adopted by the state board.
Existing law authorizes the State Department of Education to develop
the contract through negotiations with the publisher.
   This bill would allow standardized tests created for use in
California public schools in kindergarten and grades 1 to 12,
inclusive, to be available for purchase by a private school 
from the test publisher   or a private school
organization  to the extent that the purchase would not violate
the terms of any contract entered into between the publisher  of
the test  and the State of California. The bill would require a
private school  or private school organization  that chooses
to purchase a standardized test to be responsible for the costs
associated with the test, including administration costs  , and
to obtain a surety bond, as provided. The bill would require the
Superintendent to determine the principal sum of the bond, as
provided. The bill would require the private school or private school
organization that chooses to purchase and administer a standardized
test to make the results of the test available to the public on its
Internet Web site and to the department for posting on its Internet
Web site  .
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Chapter 11 (commencing with Section 60910) is added to
Part 33 of Division 4 of Title 2 of the Education Code, to read:
      CHAPTER 11.  SALE OF STANDARDIZED TESTING MATERIALS


   60910.  (a) Standardized tests created for use in kindergarten and
grades 1 to 12, inclusive, in the state's public schools, including
tests required pursuant to Chapter 5 (commencing with Section 60600),
shall be available for purchase  from the publisher of the
test  by a private school  or private school
organization  , to the extent that the purchase would not
violate the terms of any contract entered into between the publisher
 of the test  and the State of California.
   (b) If a private school  or private school organization 
chooses to purchase a standardized test pursuant to subdivision (a),
the private school  or private school organization  shall be
responsible for all costs associated with the test, including
administering the test, training,  posting test results on the
department's Internet Web site,  and security costs  , and
shall obtain a surety bond issued by a surety company admitted to do
business in this state. The principal sum of the bond shall be
determined by the   Superintendent   but shall not
exceed one million dollars ($1,000,000). The bond shall be in favor
of and payable to the people of the State of California when a breach
of security has compromised the validity or the reliability, or
both, of the test, the test items, or the test scale  . 
   (c) A private school or private school organization that chooses
to purchase and administer a standardized test pursuant to
subdivision (a) shall make the results of that test available to the
public on its Internet Web site and to the department for posting on
its Internet Web site.