Amended in Senate April 21, 2014

Senate Bill No. 915

Introduced by begin delete Senators Hill and Yee end delete begin insert Senator Hill end insert

(Coauthor: Assembly Member Mullin)

January 27, 2014

An act to begin delete amend Section 99160 of end delete begin insert add Section 99160.5 to end insert the Education Code, relating to standardized testing.

LEGISLATIVE COUNSEL’S DIGEST

SB 915, as amended, Hill. Standardized testing: begin delete cancellation or invalidation of test scores. end delete begin insert inadequate or improper test conditions. end insert

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 provides that a test sponsor that intentionally violates these provisions is liable for a civil penalty not to exceed $750 for each violation. Existing law provides that these requirements 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.

This bill would begin delete instead end delete require, where there has been a complaint or a notice of begin delete testing irregularity, for reasons including end delete inadequate or improper test conditions begin delete , answer sheet printing errors, or testing agency errors, end delete begin insert relating to an administration of the Advanced Placement test, end insert the begin delete testing end delete begin insert test end insert agency to begin delete conduct an immediate end delete begin insert immediately initiate an end insert investigation. begin insert The bill would require the school in charge of the test site to cooperate with the test agency’s investigation by providing information requested by the test agency, as specified. end insert If the begin delete testing end delete begin insert test end insert agency determines that the begin delete testing irregularity is a sufficient cause for the cancellation of the end delete begin insert inadequate or improper test conditions will prevent it from reporting valid end insert test scores, the bill would require the begin delete testing agency end delete begin insert school in charge of the test site end insert to provide all affected test subjects with at least 5 business days’ prior notice of an opportunity to retest. The bill would require such a retest to be administered within 30 calendar days of the begin delete original test date. end delete begin insert completion of the investigation. end insert

The bill would require begin delete a testing agency to require end delete test proctors begin insert of an administration of the Advanced Placement test end insert to create a seating chart, including the seat location of each test subject, for each begin insert Advanced Placement end insert test administered begin delete by the testing agency. end delete begin insert at the test site. end insert The bill would further require begin delete a testing agency end delete begin insert the school in charge of the test site end insert to retain and preserve each such seating chart for at least 2 years after the administration of the begin insert Advanced Placement end insert test to which that seating chart applies. begin insert The bill would require the school in charge of the test site to submit these seating charts to the test agency upon its request to assist with its investigation of a complaint or notice of inadequate or improper test conditions. end insert

A violation of these requirements would subject a test sponsor to the civil penalty referenced above.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 99160.5 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

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begin insert 99160.5. end insert   

(a) The test agency shall immediately initiate an
investigation upon learning of a complaint or a notice of
inadequate or improper test conditions relating to an
administration of the Advanced Placement test. In order to expedite
the investigation and ensure a timely resolution, the school in
charge of the test site shall cooperate with the test agency’s
investigation by providing information requested by the test agency
within seven calendar days. If the test agency determines that the
inadequate or improper test conditions will prevent it from
reporting valid test scores, the school in charge of the test site
shall provide all affected test subjects with at least five business
days’ prior notice of an opportunity to retest. That retest shall be
administered within 30 calendar days of the completion of the
investigation.

(b) Test proctors of an administration of the Advanced
Placement test shall create a seating chart, including the seat
location of each test subject, for each Advanced Placement test
administered at the test site. The test agency shall provide seating
chart templates for use by each test site. The school in charge of
the test site shall retain and preserve each seating chart created
pursuant to this subdivision for at least two years after the
administration of the Advanced Placement test to which that
seating chart applies. The school in charge of the test site shall
submit these seating charts to the test agency upon its request to
assist with its investigation of a complaint or notice of inadequate
or improper test conditions.

end insert

begin delete

SECTION 1.  

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 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 a natural disaster, national emergency, school fire,
or fire alarm.

(g) Where there has been a complaint or a notice of testing
irregularity, for reasons including, but not necessarily limited to,
inadequate or improper test conditions, answer sheet printing errors,
or testing agency errors, the testing agency shall conduct an
immediate investigation. If the testing agency determines that the
testing irregularity is a sufficient cause for the cancellation of the
test scores, the testing agency shall provide all affected test subjects
with at least five business days’ prior notice of an opportunity to
retest, and that retest shall be administered within 30 calendar days
of the original test date. If a retest is not administered within 30
calendar days of the original test date as required by this
subdivision, the procedures prescribed in Section 99159 and this
section shall apply.

(h) The testing agency shall require test proctors to create a
seating chart, including the seat location of each test subject, for
each test administered by the testing agency. The testing agency
shall provide an appropriate seating chart template to each test site
and each test proctor. The testing agency shall retain and preserve
each seating chart created pursuant to this subdivision for at least
two years after the administration of the test to which that seating
chart applies.

(i) 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.

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