BILL NUMBER: AB 1548 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 12, 2014
INTRODUCED BY Assembly Member Mullin
( Coauthor: Assembly Member
Ting )
(Coauthor: Senator Hill)
JANUARY 27, 2014
An act to amend Sections 99159 and 99160 of
add and repeal Section 99160.7 of the Education Code,
relating to standardized tests.
LEGISLATIVE COUNSEL'S DIGEST
AB 1548, as amended, Mullin. Standardized tests:
withholding canceled or invalidated test
scores. scores: report.
Existing law imposes various requirements on a test
sponsor or test agency agency, as
defined, with respect to the administration of standardized
tests for purposes of postsecondary education. A test agency
that intentionally violates any of those provisions is subject to a
civil penalty not to exceed $750 for each violation. 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. require a
test agency, on or before March 1 of each year, to submit a report
to the Superintendent of Public Instruction and to the Legislature
that contains specified information on test scores that were canceled
or invalidated in the prior year. The bill would repeal those
provisions on January 1, 2017.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 99160.7 is added to the
Education Code , to read:
99160.7. (a) On or before March 1 of each year, a test agency
shall submit a report to the Superintendent of Public Instruction and
to the Legislature that contains all of the following information
for the prior year:
(1) The number of test scores for each type of standardized test
that were canceled or invalidated.
(2) The reasons the test scores were canceled or invalidated,
including, but not limited to, irregular test administration,
irregular statistical data, or cheating.
(b) A report submitted pursuant to this section shall not include
specific or identifiable information on the test subjects.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SECTION 1. Section 99159 of the Education Code
is amended to read:
99159. (a) Whenever a test agency is presented with information
that renders the test subject's test score suspect, whether that
information is in the form of allegations of collusion, cheating, or
any other 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 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.
(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 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 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.