Amended in Senate July 10, 2013

Amended in Assembly May 14, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 928


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 standardizedbegin delete tests.end deletebegin insert assessments.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 928, as amended, Olsen. Standardizedbegin delete testsend deletebegin insert assessmentsend insert: sale to private schools or private school organizations.

Existing law requires the Superintendent of Public Instruction tobegin delete 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 rigorousend deletebegin insert design and implement a statewide pupil assessment program based onend insert content standards and performance standardsbegin delete, to the extent standards have beenend delete adopted by the State Board of Education.begin insert Existing law establishes the Standardized Testing and Reporting Program, which includes various assessments, such as the California Standards Tests.end insert 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.begin insert Existing law makes those provisions inoperative on July 1, 2014, and repeals them on January 1, 2015.end insert

This bill would allow standardizedbegin delete testsend deletebegin insert assessmentsend insert created for use in California public schools in kindergarten and grades 1 to 12, inclusive, to be available for purchase by a private school or a private school organizationbegin insert that has a certain affidavit or statement on file with the Superintendent,end insert to the extent that the purchase would not violate the terms of any contract entered into between the publisherbegin insert or vendorend insert of thebegin delete testend deletebegin insert assessmentend insert and the State of California. The bill would require a private school or private school organization that chooses to purchase a standardizedbegin delete testend deletebegin insert assessmentend insert to be responsible for the costs associated with thebegin delete test,end deletebegin insert assessment,end insert 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 standardizedbegin delete testend deletebegin insert assessmentend insert to make the results of thebegin delete testend deletebegin insert assessmentend insert 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: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Chapter 11 (commencing with Section 60910)
2is added to Part 33 of Division 4 of Title 2 of the Education Code,
3to read:

4 

5Chapter  11. Sale of Standardizedbegin delete Testingend deletebegin insert Assessmentend insert
6 Materials
7

 

8

60910.  

(a) Standardizedbegin delete testsend deletebegin insert assessmentsend insert created for use in
9kindergarten and grades 1 to 12, inclusive, in the state’s public
10schools, includingbegin delete testsend deletebegin insert assessmentsend insert required pursuant to Chapter
115 (commencing with Section 60600), shall be available for purchase
12by a private school or private school organization, to the extent
13that the purchase would not violate the terms of any contract
P3    1entered into between the publisherbegin insert or vendorend insert of thebegin delete testend deletebegin insert assessmentend insert
2 and the State of California.

3(b) If a private school or private school organization chooses
4to purchase a standardizedbegin delete testend deletebegin insert assessmentend insert pursuant to subdivision
5(a), the private school or private school organization shall be
6responsible for all costs associated with thebegin delete test,end deletebegin insert assessment,end insert
7 including administering thebegin delete test,end deletebegin insert assessment,end insert training, postingbegin delete testend delete
8begin insert assessmentend insert results on the department’s Internet Web site, and
9security costs, and shall obtain a surety bond issued by a surety
10company admitted to do business in this state. The principal sum
11of the bond shall be determined by the Superintendent but shall
12not exceed one million dollars ($1,000,000). The bond shall be in
13favor of and payable to the people of the State of California when
14a breach of security has compromised the validity or the reliability,
15or both, of thebegin delete test,end deletebegin insert assessment,end insert thebegin delete testend deletebegin insert assessmentend insert items, or the
16begin delete testend deletebegin insert assessmentend insert scale.

17(c) A private school or private school organization that chooses
18to purchase and administer a standardizedbegin delete testend deletebegin insert assessmentend insert pursuant
19to subdivision (a) shall make the results of thatbegin delete testend deletebegin insert assessmentend insert
20 available to the public on its Internet Web site and to the
21department for posting on its Internet Web site.

begin insert

22(d) The purchase of a standardized assessment under this section
23is available only to a private school or entity that has a current
24affidavit or statement on file with the Superintendent in accordance
25with Section 33190.

end insert


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