BILL ANALYSIS
AB 2026
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Date of Hearing: May 4, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2026 (Arambula) - As Introduced: February 17, 2010
As Proposed to Be Amended
SUBJECT : STANDARDIZED TESTING: MATRICULA CONSULAR: VALID
IDENTIFICATION
KEY ISSUE : SHOULD TEST SPONSORS THAT ADMINISTER STANDARDIZED
TESTS, COMMONLY USED BY POSTSECONDARY EDUCATIONAL INSTITUTIONS
FOR ADMISSIONS PURPOSES, BE REQUIRED TO ACCEPT THE MATRICULA
CONSULAR, AN IDENTIFICATION CARD ISSUED BY THE MEXICAN
GOVERNMENT, AS A VALID FORM OF IDENTIFICATION TO ADMIT TEST
SUBJECTS TO TAKE THE STANDARDIZED TESTS?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This bill represents the latest in a number of recent bills
seeking to require acceptance of the Matricula Consular, an
identification card issued by the government of Mexico, as a
valid form of identification for certain purposes in California.
As proposed to be amended, this bill would require a test
sponsor that administers standardized tests to admit a test
subject to take the test even when the test subject presents
only a valid MCAS issued within the last five years, without any
other forms of primary or secondary identification. In other
words, presentation of a MCAS alone would be sufficient to
ensure the test subject is admitted to take the standardized
test. Test sponsors generally require valid identification for
the purpose of verifying that the person presenting the ID to be
admitted to take the test is the same person who registered in
advance to take the test. A review of the identification
requirements now used by ETS, the test sponsor of the GRE,
reveals that the Matricula Consular satisfies the criteria of
other currently permitted forms of primary identification-namely
that the card contains the name, photograph, and signature of
the ID holder. In addition, according to information provided
by the author, the MCAS has been updated with a number of
visible and hidden security features that make it more secure,
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and is gaining increased acceptance in California by local
governments, banks, and other entities for a variety of purposes
requiring personal identification. This bill passed by a
7-1 vote in the Assembly Higher Education Committee, and has no
known opposition.
SUMMARY : Expands the types of identification that sponsors of
standardized tests must accept from prospective test takers to
gain admission to administration of the test. Specifically,
this bill requires a test sponsor to accept a Matricula Consular
de Alta Seguridad (MCAS), issued by the government of Mexico
through one of its consular offices within the last five years,
as a valid form of identification for purposes of admitting a
test subject to take a standardized test administered by the
sponsor.
EXISTING LAW , Chapter 3 of Part 65, Division 14 of the Education
Code:
1)States Legislative findings that:
a) Education is fundamental to the development of all
residents and to the progress of the state as a whole.
b) Standardized tests are a major factor in the admission
and placement of students in postsecondary education.
c) There is increasing concern among residents, educators,
and public officials regarding the proper uses of
standardized tests in the admissions and placement
decisions of postsecondary education institutions.
d) The rights of test subjects should be assured without
infringing upon the proprietary rights of the test
agencies. (Education Code 99150.)
2)Defines "standardized test" to mean any test administered in
California at the expense of the test subject which is used
for the purposes of admission to, or class placement in,
postsecondary educational institutions or their programs, or
any test used for preliminary preparation for those tests.
Provides that "standardized test" includes, but is not limited
to, the Preliminary Scholastic Aptitude Test, the Scholastic
Aptitude Test, the College Board Achievement Tests and
Advanced Placement Tests, the ACT Assessment, the Graduate
Record Examination, the Medical College Admission Test, the
Law School Admission Test, the Dental Admission Testing
Program, the Graduate Management Admission Test, and the
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Miller Analogies Test.
3)Establishes various requirements and procedures for the
administration of standardized tests, including:
a) An annual disclosure to the California Postsecondary
Education Commission of financial and test
performance-related data. (Section 99153.)
b) An annual filing with the Commission of standard
technical data required to describe the psychometric
quality of the test. (Section 99154.)
c) Preparation and dissemination to test subjects of a
clear, easily understandable written description of each
standardized test administered, including numerous items of
information as specified. (Section 99156.)
d) Specific procedures for investigating allegations of
collusion or cheating against a test subject whose score is
suspect and unwarranted. (Section 99159.)
e) Specific procedures to follow when substantial evidence
exists to support cancellation or invalidation of a test
subject's score. (Section 99160.)
4)Provides that any test sponsor who intentionally violates any
provision of this Chapter shall be liable for a civil penalty
not to exceed seven hundred fifty dollars ($750) for each
violation. (Section 99163.)
COMMENTS : As almost anyone who has attended a university in the
U.S. in the last 50 years can attest, taking one or more
standardized tests is now a necessary rite of passage of the
admissions process. High school students take the Scholastic
Aptitude Test (SAT) when preparing their applications for
college. Prospective law students take the Law School Admission
Test (LSAT), aspiring medical students take the Medical College
Admission Test (MCAT), and those planning to pursue graduate
studies in a host of other fields take the Graduate Record
Examination (GRE).
On the day a standardized test is administered, an employee of
the test sponsor company will generally require the test subject
to present picture identification in order to verify that the
person presenting the ID to be admitted to take the test is the
same person who registered in advance to take the test. This
bill would require a test sponsor to accept a Matricula Consular
de Alta Seguridad (MCAS), an identification card issued by the
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government of Mexico, as a valid form of identification for the
purpose of admitting the test subject to take the standardized
test, as long as the MCAS was issued within the last five years.
Need for the bill. The author generally contends that current
policies of test sponsors for the presentation of only certain
forms of identification to gain admittance to take a test pose a
formidable obstacle to undocumented students who wish to take
standardized tests necessary to enter graduate school-an
obstacle they did not face in taking the SAT test to enroll in
college. According to the author, the College Board, the
sponsor of the SAT, does accept the Matricula Consular for the
purpose of admitting students to take the test, but this is not
true of many sponsors of standardized tests for graduate school
admissions. In support of this measure, the author writes:
Access to the SAT is not a problem for undocumented
students. The problem arises when students attempt to
take standardized tests to enter graduate school.
Test sponsors do not accept student IDs issued by
universities, which are typically the only
identification that undocumented students have. AB
2026 helps undocumented students who wish to pursue
graduate school by facilitating their ability to take
standardized testing required for admission to a
graduate or doctorate program. This bill makes it
possible for undocumented students to pursue their
dreams of becoming lawyers, doctors, etc.
This bill represents the latest in a number of recent bills
seeking to require acceptance of the Matricula Consular as a
valid form of identification in California for certain purposes.
It should be pointed out that although the author refers to
"undocumented persons" without respect to nationality,
recognition of the MCAS as proposed by this bill would, by
definition, only benefit undocumented persons from Mexico, the
country that issues the MCAS.
Undocumented Students Eligible for Graduate School. In 2001,
the Legislature passed and the Governor signed AB 540
(Firebaugh) into law, authorizing any students, including
undocumented students, who meet specified criteria to pay
in-state tuition at California public colleges and universities.
Although AB 540 did not provide eligible students with access
to financial aid resources nor affect their resident status, the
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laudable objective of that bill was to assist undocumented
students in the pursuit of higher education.
This bill seems to share that same objective, and to the extent
that AB 540 was successful in graduating more students from
college, this bill would potentially help those students and
others gain access to standardized testing-testing that is
necessary to take the next step forward and gain entrance into
graduate school.
Background on the Matricula Consular: The Matricula Consular de
Alta Seguridad ("Matricula Consular" or "MCAS" is a personal
identification card issued by the Mexican government through its
consulate offices that serves as the official record for its
citizens living outside of Mexico. The registration of
nationals through the consulate offices is a practice recognized
by the Vienna Convention on Consular Relations, and Mexican
Consulates have legally issued these documents since 1871.
According to materials published by the Consulate of Mexico, the
purpose of consular registration is to enable consular officers
to provide protection and access to consular services, as well
as to help relatives and Mexican authorities to locate their
nationals abroad.
Identification Requirements for Taking the GRE: A Case Study.
For the purpose of evaluating whether test sponsors should be
required to accept presentation of a MCAS for admission to take
a standardized test, it is necessary to take a look at an
example of current identification requirements currently being
employed. The Graduate Record Examination (GRE), perhaps the
most commonly taken test among people applying to graduate or
professional schools, provides an excellent case study.
According to the website of Education Testing Service (ETS), the
sponsor of the GRE:
Each year, more than 600,000 prospective graduate
school applicants from approximately 230 countries
take the GRE General Test. Applicants come from
varying educational backgrounds and countries, and the
GRE General Test provides the only common measure for
comparing their qualifications. GRE scores are used by
admissions or fellowship panels to supplement
undergraduate records, recommendation letters and
other qualifications for graduate study. The GRE
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General Test is accepted at more than 3,200 graduate
and business schools as well as departments and
divisions within these schools.
(http://www.ets.org/gre)
On its website, ETS outlines general identification requirements
for test takers. These rules require the test taker to present
an acceptable and valid identification with his or her name,
signature and photograph to be admitted to the test center. The
ID must be original and current, and contain a photograph that
is recent and recognizable. ETS also provides additional
requirements for identification that differ based on whether the
test taker is taking the test within or outside of his or her
country of citizenship.
In the case of a U.S. citizen taking the GRE in this country,
ETS guidelines state that only one form of primary ID is needed
if the test taker's primary ID document contains his or her
name, photograph and signature. Examples of acceptable primary
ID documents are a passport, valid driver's license, state or
province ID issued by the motor vehicle agency, national ID, or
military ID, as long as each document contains the test taker's
name, photograph and signature.
In the case of a person taking the GRE outside his or her
country of citizenship (for example, a Mexican national taking
the GRE in the U.S.), the ETS guidelines require the test taker
to present a valid passport with his or her name, photograph,
and signature as the primary ID document, or else the person is
not allowed to take the test. In addition, diplomatic and
embassy ID cards cannot be used as primary identification in
place of a passport. The ETS rules also provide that the
following documents, if accompanied by a supplemental ID that
contains the test taker's name, photograph and signature, are
also acceptable for admission:
1) Permanent Resident Card/Resident Alien Card (Form I-551
or I-151)
2) Temporary Resident Card (Form I-688)
3) Employment Authorization Card (Form I-688A, I-688B, or
I-766)
4) Mexican Border Crosser Card (This form of ID may be
accepted only at test centers within 25 miles of the
Mexican border.)
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Acceptable forms of "supplemental identification" for this
purpose include any of the primary ID documents (listed above),
a student ID, or a confirmation of identity letter from the test
taker's educational institution, as provided.
Finally, the ETS guidelines specify a number of unacceptable ID
documents, including any expired ID, international driver's
license, draft classification card, international student ID,
credit/debit card of any kind, notary-prepared letter or
document, Social Security card, employee ID card, learner's
permit or any temporary ID (for example, a temporary driver's
license), birth certificate, or any photocopied document.
Under these guidelines, a person from Mexico seeking to take the
GRE in the U.S. must present either (1) a valid passport; or (2)
a permanent resident card, temporary resident card, employment
authorization card, or Mexican Border Crosser card and an
additional form of identification containing name, photograph
and signature (including a passport, valid driver's license,
state or province ID issued by the motor vehicle agency,
national ID, military ID, student ID, or a confirmation of
identity letter from the school.) Furthermore, the ETS
guidelines specifically bar presentation of "diplomatic and
embassy ID cards." Practically speaking, an undocumented person
will not be able to present a valid passport, permanent resident
card, temporary resident card, or CA driver's license, nor will
that person likely to be able to obtain any of the type of
primary identification documents that U.S. citizens may present
for admission to the test.
This bill would require a test sponsor to accept a MCAS issued
within the last five years as a valid form of identification,
for the purpose of admitting the test subject to take a
standardized test administered by the sponsor. At least with
respect to ETS guidelines for taking the GRE, the Matricula
Consular meets the general criteria of other currently permitted
forms of primary identification-namely that the card contains
the name, photograph, and signature of the ID holder.
Finally, the Committee contacted a representative of the College
Board, the sponsor of the SAT, who confirmed that the College
Board's identification requirement policies allow a student to
present the Matricula Consular to take the SAT, and that there
is no known case of a student being prohibited from taking the
SAT because the student presented only the MCAS. In addition,
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the College Board representative reiterated that the primary
purpose of its identification policy is simply to prevent fraud
by verifying that the person presenting the ID to be admitted to
take the test is the same person who registered in advance to
take the test.
Author's Amendment : The author proposes the following amendment
to clarify his intent that the bill would require a test sponsor
to admit a test subject to take the standardized test when the
test subject presents only a valid MCAS issued within the last
five years, without any other forms of primary or secondary
identification.
On page 2, after line 6, insert: "No other forms of
identification shall be required to admit the test subject
to take the standardized test if that person presents a
valid Matricula Consular meeting these requirements."
Security features of the Matricula Consular. Although there is
no formal opposition to the bill in this Committee, it should be
noted that opposition to previous bills seeking recognition of
the Matricula Consular has invariably centered around the
contention that the MCAS is not a secure or reliable form of
identification, and that the consequence of its use in other
contexts (usually legal or financial) is a potential threat to
the safety or security of people or property. In the context of
this bill, presentation of a MCAS is made to whether the test
sponsor shall admit a person to take a standardized test to
which that person might not otherwise be allowed to take. Test
sponsors are private companies that administer standardized
tests for a fee, and taking a standardized test does not
necessarily guarantee admission to any graduate school for the
test subject. Although the security and integrity of the
testing process is not to be discounted, these factors suggest
that any threat to public safety or property by this proposed
use of the MCAS is minimal.
Nevertheless, a review of the security features of the
identification card itself may be helpful. According to the
Mexican Ministry of Foreign Affairs, the MCAS now contains a
number of visible and embedded state-of-the-art security
features-features that that supporters contend refute the
contention that the MCAS is easily forged or an otherwise
insecure form of identification.
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In 2002, Mexican Consulates began to issue the MCAS, a new
high-security version of the Matricula Consular identification
card. The MCAS bears an official government-issued ID number,
and the photograph and address of the Mexican national to whom
it is issued. The identification cards are printed on green
security paper with the official Mexican seal, which is printed
with a special security pattern. The back of the card includes
a copper-colored hologram "Advantage Seal" and the Secretaria de
Relaciones Exteriores (SRE) seal appears over the holder's
picture, and changes color from green to brown when tilted.
When viewed under a fluorescent light, the letters "SRE" can be
seen all over the front of the identification card. The MCAS
also includes an infrared band on the upper back of the card.
The MCAS also incorporates invisible security features that can
only be seen with a special decoder provided by the Mexican
Consulate. The decoder is a plastic slipcover that fits over
the identification card to allow the embedded information to be
read. On the front side, the invisible security features
include "Mexico" printed on the left side of the card near the
photograph, "Matricula Consular - Consular ID" printed at the
bottom of the card, and the letters "SRE" printed over the
holder's picture along with the holder's name and date of birth.
On the back side of all previous Matricula Consulars, the
holder's name and identification number can be read on the left
side, while the card's expiration date and the issuing office's
name appear on the right side. Finally, when held at an angle
and viewed through the decoder, the letters "SRE" appear several
times in specified locations on the back of the card.
Common Uses of the Matricula Consular: Although this bill
pertains only to use of the Matricula Consular to gain admission
to take standardized tests for graduate studies, supporters of
the bill accurately point out that, for some local governmental
purposes the Matricula Consular is already recognized in
California as valid identification. For example, in some
jurisdictions the Matricula Consular can be used to identify
oneself to law enforcement agencies, to apply for public
utilities, and to identify oneself at schools and public
libraries as a parent or user. In 2003, at least 12 counties,
25 cities, and dozens of police and sheriff's departments in
California were accepting the Matricula Consular as a form of
identification. (Senate Floor Analysis of AB 25 (N??ez), of
2003-04, dated 8/27/2003.)
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Anecdotal evidence indicates increasing acceptance of the
Matricula Consular by U.S. banking institutions for the purpose
of opening new accounts. For example, Wells Fargo estimates
that it has used the Matricula Consular to open over 70,000 new
accounts since it began accepting the card in November 2001.
("Consular ID Cards: Mexico and Beyond", Migration Policy
Institute, April 2003.) Recently, in March 2009, the City of
Los Angeles announced a new program to help at least 10,000
low-income households open bank accounts every year. Banks
participating in the program, including Bank of America and
Citibank, will not require new applicants to produce a Social
Security number and will accept other forms of recognized
identification, including the Matricula Consular. ("Program
Aims to Help Low-Income Angelenos Open Bank Accounts", Los
Angeles Times, March 24, 2009.)
ARGUMENTS IN SUPPORT : Supporters of the bill generally contend
that this bill will help certain students get one step closer
towards attending graduate school and achieve their educational
goals. For example, the Hispanic Association of Colleges and
Universities writes:
By accepting the Matricula Consular as identification
to take a standardized test, deserving students will
be closer to meeting all requirements to attend a
post-secondary institution. This will help them
further their education and become a pivotal part of
California's educated workforce. The College Board
already accepts the Matricula Consular, however there
are other testing agencies that do not accept this
form of identification and this lack of acceptance can
pose a barrier to educational access. AB 2026 has no
cost to the state, but does increase educational
access for all students.
Previous Related Legislation: SB 804 (Polanco), of 2001-02,
sought to allow a person applying for a California Driver's
License to present a Matricula Consular for the purpose of
establishing his or her identification. SB 804 was vetoed. AB
25 (N??ez), of 2003-04, sought to require state agencies to
accept identification cards issued by foreign countries,
including the Matricula Consular, if the card met specified
requirements. AB 25 died in committee. Similarly AB 522
(Diaz), of 2003-04, sought to require local officers and
employees to accept the Matricula Consular for identification
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purposes. AB 522 was also vetoed.
SB 60 (Cedillo), Chapter 326, Stats. 2003, authorized the
Department of Motor Vehicles to accept a birth certificate
presented together with a Matricula Consular to establish proof
of identity for a driver's license application. However, this
provision was later repealed by 2003-2004 SB 1, 3rd
Extraordinary Session. SB 1162 (Cedillo), of 2005-06, attempted
to reenact provisions similar to those that were repealed in SB
60, but was vetoed.
AB 1870 (De Le?n), of 2007-08, sought to permit secondhand coin
dealers to rely on presentation of the Matricula Consular by
coin sellers as proof of identity. AB 1870 was vetoed.
AB 442 (Arambula), of 2009 sought to allow notaries public to
reasonably rely on presentation of a Matricula Consular as
proper identification to prove the identity of an individual
executing a written instrument, but was also vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Student Association (CSSA)
Hispanic Association of Colleges and Universities
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334