BILL NUMBER: AB 1548	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin
   (Coauthor: Senator Hill)

                        JANUARY 27, 2014

   An act to amend Sections 99159 and 99160 of the Education Code,
relating to standardized tests.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1548, as introduced, Mullin. Standardized tests: withholding
test scores.
   Existing law imposes various requirements on a test sponsor or
test agency with respect to the administration of standardized tests
for purposes of postsecondary education. Existing law authorizes a
test agency to withhold a test subject's score for specified reasons,
including collusion or cheating, irregular test administration, or
irregular statistical data, and further authorizes a test agency to
cancel or invalidate a test score where substantial evidence exists
to support cancellation or invalidation of the test score.
   This bill would prohibit a test agency from withholding a test
subject's score for any reason other than a test subject's
misconduct. The bill would require a test agency that cancels or
invalidates a test subject's test score for any reason other than the
test subject's misconduct to release the test score to the test
subject and any authorized test score recipients with an explanation
of why the test agency invalidated the test score and a statement
that the decision to invalidate the test score was not based on
misconduct by the test subject. The bill would specify that a
postsecondary educational institution may accept an invalidated test
score released pursuant to those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 99159 of the Education Code is amended to read:

   99159.  (a) Whenever a test agency is presented with information
 which   that  renders the test subject's
test score suspect, whether that information is in the form of
allegations of collusion  or   ,  cheating,
 or irregular test administration, or irregular statistical
data,  or any other  form,  
information relating to misconduct by the test subject,  the
test agency is responsible for reviewing the information and
determining if withholding the test subject's score is warranted.
   (b) If the test agency determines that withholding the test
subject's score is warranted, the test agency shall give the test
subject written notice of the test agency's decision. The notice
shall be sent by registered mail not later than five working days
after the test agency's decision.
   (c) The notice to the test subject shall include all of the
following:
   (1) A complete summary of the information submitted to the test
agency and relied upon by the test agency to withhold the score.
   (2) A complete summary of the pertinent facts surrounding the
investigation.
   (3) A statement of the test subject's right to receive, upon
request, details supporting complete summaries referred to in
paragraphs (1) and (2).
   (4) The policies and procedures that were followed by the test
agency in reviewing and rendering a decision to withhold the test
score.
   (5) The potential consequences  which   that
 may result from the investigation, such as withholding or
invalidating the test scores.
   (6) A summary of the information that may be submitted to the test
agency by the test subject to support the authenticity of the test
score.
   (7) A statement informing the test subject that the opportunity to
respond to the notice will be afforded for not more than 15 working
days following the date the notice was delivered. No final decision
on the question of suspected irregularity or inauthenticity shall be
rendered by the test agency until the test subject under
investigation has responded, or the time for doing so has expired,
whichever occurs first.
   (d) After the time period specified in paragraph (7) of
subdivision (c) has expired, the test agency shall review all of the
evidence and shall render a decision regarding the authenticity of
the score. 
   No 
    (e)     A  test agency shall  not
 cancel or invalidate a test subject's test scores on the basis
of an alleged irregularity or inauthenticity unless, after all
evidence has been considered by the test agency, substantial evidence
resulting from an investigation conducted pursuant to this section
supports the cancellation or invalidation. 
   (f) A test agency shall not withhold a test subject's test score
for irregular test administration, irregular statistical data, or any
reason unrelated to misconduct by the test subject. 
  SEC. 2.  Section 99160 of the Education Code is amended to read:
   99160.  (a) Whenever the test agency determines that substantial
evidence exists to support cancellation or invalidation of a test
score, the test agency shall provide the test subject with a choice
of the following options:
   (1) A cancellation of the test scores in question, with full
refund of all test fees.
   (2) Opportunity to take the test again privately and without
charge.
   (3) Opportunity to seek judicial review of the matter.
   (b) The test subject shall have 30 days following receipt of the
notice by registered mail to respond to the notice of inauthenticity.

   (c) If the test subject responds to the notice of inauthenticity
or irregularity of test scores sent by the test agency within the
time period specified by subdivision (b), the test agency shall
review the contents of the response and comply with one of the
following:
   (1) If the test subject requests cancellation of the test scores,
a full refund of all test fees  will   shall
 be provided within a reasonable period.
   (2) If the test subject requests an opportunity to take the test
again privately and without charge, the test agency shall make
appropriate accommodations that are mutually agreed upon by the test
agency and test subject so that the test subject has sufficient time
to prepare for the retest. The retest shall be given in a reasonable
and timely manner.
   (3) Nothing in this section precludes the parties from seeking
resolution of the testing problems by either judicial review or
arbitration.
   (d) The test agency shall not release confidential information to
any authorized test score recipients regarding a test subject under
pending investigation, unless authorized to do so by the test
subject.
   (e) The test agency shall immediately release the test score to
the test subject and the test score recipients where no substantial
evidence exists to render the inauthenticity or  irreguarity
  irregularity  of the test score.
   (f) The procedures prescribed in Section 99159 and this section do
not apply to instances where the cancellation of all test scores
results from the complete disruption of the administration of the
test, such as by natural disasters, national emergencies, inadequate
or improper test conditions, answer sheet printing errors, or testing
agency errors.
   (g) Time procedures described in Section 99159 and this section
shall not apply in those instances where test scores have already
been reported to test score recipients. 
   (h) If a test agency invalidates a test score for a reason other
than the test subject's misconduct, the test agency shall not
withhold the test subject's score, and shall release the invalidated
test score to the test subject and any authorized test score
recipients with an explanation of why the test agency invalidated the
test score, and a statement that the decision to invalidate the test
score was not based on misconduct by the test subject. A
postsecondary educational institution may accept an invalidated test
score released pursuant to this subdivision.