BILL NUMBER: AB 928	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 10, 2013
	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.   assessments. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 928, as amended, Olsen. Standardized  tests 
 assessments  : 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  
design and implement a statewide pupil assessment program based on
 content standards and performance standards  , to the
extent standards have been  adopted by the State Board of
Education.  Existing law establishes the Standardized Testing and
Reporting Program, which includes various   assessments,
such as the California Standards Tests.  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.  Existing law makes those provisions inoperative on
July 1, 2014, and repeals them on January 1, 2015. 
   This bill would allow standardized  tests  
assessments  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 organization 
that has a certain affidavit or statement on file with the
Superintendent,  to the extent that the purchase would not
violate the terms of any contract entered into between the publisher
 or vendor  of the  test   assessment
 and the State of California. The bill would require a private
school or private school organization that chooses to purchase a
standardized  test   assessment to be
responsible for the costs associated with the  test,
  assessment,  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   assessment to make the results of
the  test   assessment  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:

  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 
 ASSESSMENT  MATERIALS


   60910.  (a) Standardized  tests   assessments
 created for use in kindergarten and grades 1 to 12, inclusive,
in the state's public schools, including  tests 
 assessments  required pursuant to Chapter 5 (commencing
with Section 60600), shall be available for purchase 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  or vendor  of the  test
  assessment  and the State of California.
   (b) If a private school or private school organization chooses to
purchase a standardized  test   assessment 
pursuant to subdivision (a), the private school or private school
organization shall be responsible for all costs associated with the
 test,   assessment,  including
administering the  test,   assessment, 
training, posting  test   assessment 
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,   assessment,  the  test 
 assessment  items, or the  test  
assessment  scale.
   (c) A private school or private school organization that chooses
to purchase and administer a standardized  test 
 assessment  pursuant to subdivision (a) shall make the
results of that  test   assessment 
available to the public on its Internet Web site and to the
department for posting on its Internet Web site. 
   (d) The purchase of a standardized assessment under this section
is available only to a private school or entity that has a current
affidavit or statement on file with the Superintendent in accordance
with Section 33190.