BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 915
                                                                  Page  1

          Date of Hearing:   June 11, 2014

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Joan Buchanan, Chair
                     SB 915 (Hill) - As Amended:  April 21, 2014

           SENATE VOTE :   35-0
           
          SUBJECT  :   Standardized testing:  inadequate or improper test  
          conditions

           SUMMARY  :   Imposes specified requirements on test agencies when  
          they learn of a complaint or notice of inadequate or improper  
          test conditions in the administration of the Advanced Placement  
          (AP) test.  Specifically,  this bill  :   

             1)   Requires the test agency to immediately initiate an  
               investigation upon learning of a complaint or a notice of  
               inadequate or improper test conditions relating to an  
               administration of the AP test.

             2)   Requires the school in charge of the test site to  
               cooperate with the test agency's investigation by providing  
               information requested by the test agency within seven  
               calendar days.

             3)   Requires the school in charge of the test site to  
               provide all affected test subjects with at least five  
               business days' prior notice of an opportunity to retest, if  
               the test agency determines that the inadequate or improper  
               test conditions will prevent it from reporting valid test  
               scores.

             4)   Requires the retest to be administered within 30  
               calendar days of the completion of the investigation.

             5)   Requires test proctors of an administration of an AP  
               test to create a seating chart, including the seat location  
               of each test subject, for each AP test administered at the  
               site.

             6)   Requires the test agency to provide a seating chart  
               template for use by each test site.

             7)   Requires the school in charge of the test site to retain  








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               and preserve each chart created for at least two years  
               after the administration of the AP test to which that chart  
               applies.

             8)   Requires the school in charge of the test site to submit  
               the seating charts to the test agency upon request to  
               assist with an investigation of a complaint or notice of  
               inadequate or improper test conditions.

           FISCAL EFFECT  :   This bill is keyed nonfiscal.

           COMMENTS  :   The AP tests are developed and published by the  
          College Entrance Examination Board (College Board) and  
          administered by the Educational Testing Services (ETS), which is  
          also responsible for test security.  Under the College Board's  
          AP program, high school pupils may enroll in college-level  
          courses in a variety of academic subject areas.  Pupils who  
          score well enough on an AP test may qualify for college credit.   
          The exam is administered in May.

          Schools administering an AP test must comply with detailed test  
          administration and security requirements, which include the  
          requirements that pupils taking the test be seated at least five  
          feet from each other and be facing the same direction.  Pupils  
          are specifically prohibited from being seated at round tables,  
          and the AP Coordinator's Manual states that "failure to follow  
          seating requirements could result in cancellation of exam  
          scores."

          In May 2013, 21 different AP tests were administered at Mills  
          High School in the San Mateo Union High School District.  After  
          completing an investigation of a student's complaint, the ETS  
          determined that the school violated testing protocols by having  
          the pupils sit at round tables.  Consequently, the scores for  
          286 pupils who took one or more of 11 tests  (for a total of 641  
          scores) were cancelled and the College Board notified the  
          affected pupils that they could retake the exams free of charge.

          Although ETS initiated its investigation three days after  
          receiving the complaint, it encountered several delays due to  
          the district's inability to provide documentation of all of the  
          seating arrangements.  Accordingly, the College Board's decision  
          to cancel the test scores was not announced until July 8.  At  
          that time, many pupils and their parents felt that the scores  
          from a re-administration of the test would not be received in  








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          time for college admission and placement purposes.  

          Subsequently, the district and a parent group sued the ETS and  
          College Board for a preliminary injunction that sought the  
          reinstatement of the cancelled test scores.  They argued, in  
          part, that despite the improper seating arrangements, there is  
          no evidence that cheating actually occurred.  In her order  
          denying the preliminary injunction, the judge pointed out the  
          following:

                 The AP Coordinator's Manual specifically prohibits  
               seating test takers at round tables .
                 The Manual warns in boldface type that "Failure to  
               follow seating requirements could result in cancellation of  
               exam scores."
                 Students are warned that "When the College Board  
               determines that your testing experience did not meet the  
               College Board's standards for administering exams-even  
               through no fault of your own-the College Board reserves the  
               right to cancel your AP Exam score."
                 "Improper seating" is listed as a testing irregularity  
               that could lead to cancellation of scores.
                 Test takers signify their agreement to the policies and  
               procedures by so noting on their answer sheets.

           This bill  addresses the issues raised by this case by  
          establishing timelines within which both the test agency and the  
          school district must act in response to allegations of improper  
          testing procedures.  In addition, this bill requires that  
          seating arrangements be documented, using a seating chart  
          template provided by the test agency, and requires the documents  
          be retained for at least two years.  According to the author's  
          office, only a small number of pupils were actually seated at  
          round tables, and the rest were seated correctly.  However, the  
          inability of the district to show which pupils were sitting  
          where resulted in the cancellation of a larger number of scores.

          While this bill provides for an immediate investigation upon  
          learning of an allegation of improper testing procedures, it  
          does not quite close the loop by requiring a timely notification  
          to pupils of their right to retake the test in time to meet  
          college admissions deadlines.  Accordingly, staff recommends  
          that the bill be amended to require a test agency, when it has  
          completed its investigation, to immediately notify the school in  
          charge of the test site and require the school to notify the  








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          affected test subjects within two business days.  In addition,  
          it is highly unlikely that a complaint would be made more than  
          one year after the administration of a test.  Therefore, staff  
          recommends that the length of time a school in charge of test  
          site be required to retain seating charts be reduced from two  
          years to one year.  This will reduce the administrative burden  
          to schools while still ensuring the charts will be retained long  
          enough to be used in the event of an investigation.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California School Boards Association
           
            Opposition 
           
          None received

           Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087