BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 176
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          Date of Hearing:   March 29, 2011

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Marty Block, Chair
                   AB 176 (Lara) - As Introduced:  January 24, 2011
           
          SUBJECT  :   Standardized testing: valid identification. 

           SUMMARY :   Requires a test sponsor to accept university 
          transcript and university identification issued within the last 
          five years as valid identification (ID) for purposes of 
          admitting a test subject to take a standardized test, and 
          provides that a test sponsor shall not require any additional 
          form of ID to admit a test subject.

           EXISTING LAW:  

          1)Establishes various requirements and procedures for test 
            sponsors to follow in administering standardized tests for 
            admission to, or placement in, postsecondary educational 
            institutions and programs and subjects any test sponsor who 
            violates the requirements or procedures of administering 
            standardized tests to a civil penalty of up to $750 per 
            violation.

          2)Exempts specified nonresident students of California from 
            paying nonresident tuition at the California State University 
            (CSU) and the California Community Colleges (CCC) under the 
            provisions of AB 540 (Firebaugh), Chapter 814, Statutes of 
            2001.  The University of California (UC), by resolution, 
            complies with existing law established by AB 540.

           FISCAL EFFECT  :  Unknown.  This bill has been keyed non-fiscal by 
          Legislative Counsel.

           COMMENTS  :   Background  :  AB 540 was enacted in part to address 
          circumstances when a student, who was brought to the U.S. as a 
          child by his or her parents, was deemed a nonresident for 
          tuition purposes when attending UC, CSU, or CCC.  Often, these 
          students were unaware that they were not legal U.S. residents, 
          having spent most of their live in this country.  AB 540 
          provides access to in-state tuition based on high school 
          attendance and other factors rather than legal status, 
          recognizing that the state and its economy benefits from the 
          educational successes of these students.  








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           Purpose of this bill  :  According to the author, undocumented 
          students attempting to take standardized tests to enter 
          postsecondary education graduate programs often find that they 
          cannot meet the identification requirements of test sponsors.  
          This bill would require test sponsors to accept university 
          identification and transcript as valid ID, thereby ensuring 
          undocumented students who wish to pursue graduate school the 
          opportunity to take the tests required for admittance into these 
          programs.  

           Current test sponsor requirements  :  There are numerous test 
          sponsors conducting testing services in California.  Test 
          subject identification requirements are established by test 
          sponsors.  Educational Testing Service, which administers the 
          Graduate Record Examinations, generally requires test subjects 
          testing outside of their country of citizenship to present a 
          valid passport as primary ID, although some other ID documents, 
          including permanent and temporary residency cards and border 
          crossing cards, are also allowed when combined with 
          supplementary ID.  The Law School Admissions Council (LSAC), 
          which administers the Law School Admissions Test, requires a 
          valid passport or government-issued ID from test subjects.  
          College Board, which administers the Scholastic 
          Aptitude/Assessment Test required for college admissions in the 
          United States, requires acceptable identification to be current, 
          include a recognizable photo, bear the student's name in 
          English, and match the name shown on the student's admission 
          ticket.  Acceptable identification includes a driver's license 
          or other state-issued ID, school ID card, or valid passport.  
          The College Board has established an ID verification process for 
          home-schooled students who cannot meet the ID requirements; the 
          process involves the student working with his/her local school 
          district to complete a Student ID Form.

           Requirements for obtaining a university identification and 
          transcript  :  According to UC and CSU, there are no systemwide 
          standards for issuance of student ID cards.  According to UC, 
          requirements at campuses generally include the student providing 
          their student ID number, address, phone number, and signing a 
          statement certifying the accuracy of the information.  Student 
          ID cards are generally valid as long as the student is enrolled 
          and has paid for the term.  Requirements for obtaining student 
          transcripts also vary by campus; however many campuses provide 
          students the ability to review and print unofficial transcripts 








                                                                  AB 176
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          as well as order official transcripts online.  This bill would 
          require test sponsors to accept university ID cards (up to five 
          years old) and university transcripts as proof of 
          identification.  This provision would apply to any test subject, 
          not just those students who are unable to obtain currently 
          required ID.  

           Concerns regarding security  :  The Association of American 
          Medical Colleges (AAMC) and LSAC have an "oppose unless amended" 
          position on this bill and have expressed concerns that the 
          provisions of this bill would undermine the security of 
          admissions tests.  AAMC and LSAC argue that university IDs are 
          not issued with the rigor needed to adequately verify ID; there 
          is no standard industry practice for the issuance of university 
          IDs, many lack an expiration date, some lack a photo, and none 
          include the electronic information contained in 
          government-issued ID cards that is necessary to verify their 
          validity.          

           Committee suggested amendments  :  Committee staff recommends 
          amending the bill to require test sponsors establish alternative 
          ID verification for those students unable to obtain required ID, 
          but allow test sponsors flexibility in what that process 
          includes and the types of ID required.  According to information 
          provided by test sponsors, the process would likely include 
          students contacting test sponsors prior to testing registration 
          deadlines, and test sponsors working with individual students to 
          verify ID based on the documents the student is able to obtain.  
          Acceptable documents might include combinations of university 
          IDs and bank/credit cards with photos.  Committee staff proposes 
          the following:

          Section 99155. (a) A test sponsor shall provide alternative 
          methods to verify a test subject's identity for those test 
          subjects who are unable to provide the required identification 
          for purposes of admitting a test subject to take a standardized 
          test administered by the sponsor. 

          (b) Test sponsors may require test subjects to obtain approval 
          from the test sponsor in advance of the test registration 
          deadline in order to be admitted to the test with an alternate 
          form of identification.     
           
          AAMC/LSAC requested amendment  :  AAMC and LSAC have requested an 
          amendment to clarify that nothing in the provisions established 








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          by the bill precludes a test sponsor from taking steps to 
          confirm a test subject's identity on the day of the test, just 
          prior to testing.  Committee staff understands that test 
          sponsors often uses thumb printing, photographing, videotaping 
          or other forms of electronic ID confirmation in additional to 
          the requirement for valid ID.  These verification systems are 
          designed to ensure that the test subject has not previously 
          tested under a different identity.  Committee staff notes that 
          this amendment is likely unnecessary since the bill in its 
          current form does not prohibit those types of ID verification 
          activities.               

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
          
          California State Student Association (sponsor)
          Bay Area Dream Act Coalition
          California Immigrant Policy Center
          Coalition for Humane Immigrant Rights of Los Angeles
          Hispanic Association of Colleges and Universities

           Opposition 
           
          Association of American Medical Colleges (Oppose Unless Amended)
          Law School Admissions Council (Oppose Unless Amended)
           

          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916) 
          319-3960