BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 928
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          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  








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          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 












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