BILL NUMBER: AB 928 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2014
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 assessments. An act to amend Section
11019.9 of the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 928, as amended, Olsen. Standardized assessments: sale
to private schools or private school organizations.
Personal information: privacy.
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.
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.
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.
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.
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. Section 11019.9 of the
Government Code is amended to read:
11019.9. (a) 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
Code), that includes, but is not limited to, the following
principles: Code). Each state department and state
agency shall conspicuously post its privacy policy on its Internet
Web site.
(b) The privacy policy required by subdivision (a) shall include,
but is not limited to, the following principles:
(a)
(1) Personally identifiable information is only
obtained through lawful means.
(b)
(2) The purposes for which personally identifiable data
are collected are specified at or prior to
before the time of collection, and any subsequent use is
limited to the fulfillment of purposes not inconsistent with those
purposes previously specified.
(c)
(3) 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.
(d)
(4) Personal data collected must be relevant to the
purpose for which it is collected.
(e)
(5) 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.
(f)
(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.
(c) For purposes of this section, the term "conspicuously post"
shall include posting the privacy policy through any of the following
means:
(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.
(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.
(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:
(A) Includes the word "privacy."
(B) Is written in capital letters equal to or greater in size than
the surrounding text.
(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.
(4) Any other functional hyperlink that is so displayed that a
reasonable person would notice it.
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.