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 SB 915 Page 2 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 SB 915 Page 3 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 SB 915 Page 4 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