BILL NUMBER: SB 915	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 19, 2014
	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senator Hill
   (Coauthor: Assembly Member Mullin)

                        JANUARY 27, 2014

   An act to add Section 99160.5 to the Education Code, relating to
standardized testing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 915, as amended, Hill. Standardized testing: inadequate or
improper test conditions.
   Existing law imposes various requirements on a test 
sponsor or   sponsor, also known as a  test
 agency   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  require,   require a test
agency,  where there has been a complaint or a notice of
inadequate or improper test conditions relating to an administration
of  the   an  Advanced Placement test,
 the test agency  to immediately initiate an
investigation. 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. If
the test agency  , upon completing the investigation, 
determines that the inadequate or improper test conditions will
prevent it from reporting valid test scores, the bill would require
the  school in charge of the test site   test
agency to immediately notify the school in charge of the test site of
the decision and the school to notify the affected test subjects of
the decision within 2 business days, and  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 completion of the
investigation.
   The bill would require  test  proctors 
of an administration of the   administering an 
Advanced Placement test to create a seating chart, including the seat
location of each test subject, for each Advanced Placement test
administered at the test site. The bill would further require the
school in charge of the test site to retain and preserve each such
seating chart for at least  2 years   one year
 after the administration of the Advanced Placement test to
which that seating chart applies. 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.
   A violation of these requirements would subject a test sponsor to
the civil penalty referenced above.
   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 99160.5 is added to the Education Code, to
read:
   99160.5.  (a)  The   A  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   an 
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   five business  days. If  , upon
completing the investigation,  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   the test agency shall immediately notify the
school in charge of the test site of the decision and the school
shall notify the affected test subjects of the decision within two
business days, and  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 
 Proctors administering an  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   one year  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.