BILL ANALYSIS Ó AB 928 Page 1 Date of Hearing: May 8, 2013 ASSEMBLY COMMITTEE ON EDUCATION Joan Buchanan, Chair AB 928 (Olsen) - As Introduced: February 22, 2013 [This bill is keyed non-fiscal. However, if amended, a re-referral to the Committee on Appropriations has been approved pursuant to Joint Rule 61(d). If this bill is passed with amendments by the Assembly Education Committee, it will be referred to the Committee on Appropriations to consider the fiscal implications.] SUBJECT : Standardized tests: sale to private schools. SUMMARY : Allows private schools to purchase standardized tests, including the California Assessment of Academic Achievement, if it does not violate the terms of any contract entered into between the publisher and the State of California. Requires the private school to pay all costs associated with the test, including administering the test, training, and security costs. FISCAL EFFECT : This bill is keyed non-fiscal. COMMENTS : The purpose of this bill, according to the author's office, is to allow private school pupils to be tested on the same standards-aligned measures as public school pupils. There is a benefit to knowing how all of California's pupils in both public and private schools are achieving vis-à-vis state content standards and curriculum framework. According to the California Department of Education (CDE), however, maintaining the security and integrity of the standardized tests and protecting the state's significant investment in them is of overriding importance. The state employs extraordinary measures to establish regulations, train test administrators and proctors, and require detailed agreements with school districts to maintain security. This bill provides that the private school would pay for all costs of administering the test, including security. However, the CDE has no authority over private schools and would be unable to apply sanctions if security is breached. In the case AB 928 Page 2 of public schools, a district's API score could be invalidated, which is a significant sanction. To help ensure that private schools follow all security protocols and to protect the state's investment in the event of a private school breach of security, staff recommends that the bill be amended to require a private school or private school organizations to obtain a surety bond in an amount to be determined by the Superintendent of Public Instruction, but not to exceed $1 million. In addition, the bill provides that a private school may purchase the test from the publisher. However, the publisher does not own the test; it is owned by the State of California. Therefore, staff recommends that the bill be amended to strike the reference to the publisher. Finally, the development of standardized tests represents a significant public investment, so test scores ought to be a matter of public record. Private schools that perform well on the tests are likely to use those results to market their programs by making the results public. Private schools that do not perform well are not likely to disclose their scores. This could mislead the public about the overall relative performance of private schools vs. public schools on the standardized tests. Therefore, staff recommends that the bill be amended to require private schools that administer the state standardized tests to post the results on their Internet websites and to report the scores to the CDE to be posted on its website. REGISTERED SUPPORT / OPPOSITION : Support One individual Opposition None received Analysis Prepared by : Rick Pratt / ED. / (916) 319-2087 AB 928 Page 3