Amended in Senate April 2, 2014

Amended in Senate July 10, 2013

Amended in Assembly May 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 928

Introduced by Assembly Member Olsen

February 22, 2013

begin delete 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 assessments. end delete begin insert An act to amend Section 11019.9 of the Government Code, relating to state government. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 928, as amended, Olsen. begin delete Standardized assessments: sale to private schools or private school organizations. end delete begin insert Personal information: privacy. end insert

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The Information Practices Act of 1977 requires a state agency, among other things, to maintain in its records only personal information, as defined, that is relevant and necessary for a required or authorized purpose. Existing law requires a state department or state agency to enact and maintain a permanent privacy policy in adherence with that act that includes, but is not limited to, specified principles.

end insert begin insert

This bill would require each state department and state agency to conspicuously post, as defined, its privacy policy on its Internet Web site. The bill would also make related nonsubstantive changes.

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Existing law requires the Superintendent of Public Instruction to design and implement a statewide pupil assessment program based on content standards and performance standards 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.

end delete begin delete

This bill would allow standardized 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 assessment and the State of California. The bill would require a private school or private school organization that chooses to purchase a standardized assessment to be responsible for the costs associated with the 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 assessment to make the results of the assessment available to the public on its Internet Web site and to the department for posting on its Internet Web site.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 11019.9 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

11019.9.  

begin insert (a) end insert begin insert   end insert Each state department and state agency shall
enact and maintain a permanent privacy policy, in adherence with
the Information Practices Act of 1977 (Title 1.8 (commencing with
Section 1798) of Part 4 of Division 3 of the Civil begin delete Code), that
includes, but is not limited to, the following principles: end delete begin insert Code).
Each state department and state agency shall conspicuously post
its privacy policy on its Internet Web site. end insert

begin insert

(b) The privacy policy required by subdivision (a) shall include,
but is not limited to, the following principles:

end insert begin delete

(a)

end delete

begin insert (1) end insert  Personally identifiable information is only obtained through
lawful means.

begin delete

(b)

end delete

begin insert (2) end insert  The purposes for which personally identifiable data are
collected are specified at or begin delete prior to end delete begin insert before end insert the time of collection,
and any subsequent use is limited to the fulfillment of purposes
not inconsistent with those purposes previously specified.

begin delete

(c)

end delete

begin insert (3) end insert  Personal data shall not be disclosed, made available, or
otherwise used for purposes other than those specified, except with
the consent of the subject of the data, or as authorized by law or
regulation.

begin delete

(d)

end delete

begin insert (4) end insert  Personal data collected must be relevant to the purpose for
which it is collected.

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(e)

end delete

begin insert (5) end insert  The general means by which personal data is protected
against loss, unauthorized access, use modification or disclosure
shall be posted, unless that disclosure of general means would
compromise legitimate state department or state agency objectives
or law enforcement purposes.

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(f)

end delete

(6) Each state department or state agency shall designate a
position within the department or agency, the duties of which shall
include, but not be limited to, responsibility for the privacy policy
within that department or agency.

begin insert

(c) For purposes of this section, the term “conspicuously post”
shall include posting the privacy policy through any of the
following means:

end insert begin insert

(1) An Internet Web page on which the actual privacy policy is
posted if the Internet Web page is the homepage or first significant
page after entering the Internet Web site.

end insert begin insert

(2) An icon that hyperlinks to an Internet Web page on which
the actual privacy policy is posted, if the icon is located on the
homepage or the first significant page after entering the Internet
Web site, and if the icon contains the word “privacy.” The icon
shall also use a color that contrasts with the background color of
the Internet Web page or is otherwise distinguishable.

end insert begin insert

(3) A text link that hyperlinks to an Internet Web page on which
the actual privacy policy is posted, if the text link is located on the
homepage or first significant page after entering the Internet Web
site, and if the text link does any of the following:

end insert begin insert

(A) Includes the word “privacy.”

end insert begin insert

(B) Is written in capital letters equal to or greater in size than
the surrounding text.

end insert begin insert

(C) Is written in larger type than the surrounding text or in
contrasting type, font, or color to the surrounding text of the same
size, or is set off from the surrounding text of the same size by
symbols or other marks that call attention to the language.

end insert begin insert

(4) Any other functional hyperlink that is so displayed that a
reasonable person would notice it.

end insert

begin delete

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 Assessment Materials

 

60910.  

(a) Standardized assessments created for use in
kindergarten and grades 1 to 12, inclusive, in the state’s public
schools, including 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 assessment
and the State of California.

(b) If a private school or private school organization chooses
to purchase a standardized assessment pursuant to subdivision (a),
the private school or private school organization shall be
responsible for all costs associated with the assessment, including
administering the assessment, training, posting 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
assessment, the assessment items, or the assessment scale.

(c) A private school or private school organization that chooses
to purchase and administer a standardized assessment pursuant to
subdivision (a) shall make the results of that 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.

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