BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 176
AUTHOR: Lara
AMENDED: March 31, 2011
FISCAL COMM: No HEARING DATE: June 8, 2011
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Standardized Testing Valid Identification.
SUMMARY
This bill requires a test sponsor to provide alternative
methods for verifying the identity of test subjects who are
unable to provide other required forms of identification
for purposes of admission to a standardized test
administered by the test sponsor.
BACKGROUND
Current law imposes a number of requirements on test
sponsors (defined as any individual, partnership,
corporation, association, company, firm, institution,
society, trust, or joint stock company) that develop,
sponsor or administer standardized tests (defined as any
test administered in California at the expense of the test
subject and used for purposes of admission to, or class
placement in, postsecondary institutions or their programs,
or preliminary preparation for those tests). These
requirements include specified reporting requirements,
specified administration and financial data and
information, technical psychometric data, test descriptions
with specified information to be provided to test subjects,
and other miscellaneous items. (Education Code �
99150-99164)
Current law also provides that a test sponsor who violates
any of these provisions is liable for a civil penalty not
to exceed $750 per violation.
(EC � 99163)
Current law, (established by AB 540, Chapter 814, Statutes
of 2001) exempts specified California nonresidents from
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paying nonresident tuition at UC, CSU and the CCCs if they
meet all of the following:
1) Attended a California high school for three or more
years.
2) Graduated from a California high school or attained an
equivalent degree.
3) Registered or attended an accredited California higher
education
institution not before fall of the 2001-02 academic
year.
4) Filed an affidavit, if an alien without lawful
immigration status,
stating that the student has filed an application to
legalize their immigration status or will file such an
application as soon as they are eligible to so do.
(Education Code � 68130)
ANALYSIS
This bill :
1) Requires a test sponsor to provide alternative methods
to verify the identity of test subjects unable to
provide other required forms of identification for
purposes of admission to a standardized test
administration.
2) Authorizes a test sponsor to require test subjects
seeking admission to a test administration with an
alternate form of identification to obtain approval
from the test sponsor in advance of the test deadline.
STAFF COMMENTS
1) Need for the bill . As noted in the background of this
analysis, students without legal immigration status
are eligible to receive in-state tuition at
California's public postsecondary institutions under
specified conditions (AB 540, Chapter 814, Statutes of
2001). According to the author, many of these students
face challenges when taking the standardized exams
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required for admission to post-baccalaureate programs,
as test sponsors often require government issued
identification which many of these students cannot
produce. Currently, the only valid identification
option for these non-citizen students is the
presentation of a passport, issued for 3 and 6 years
and costing between $74 and $101. This bill would
ensure that all students are treated equally when
seeking admission to post-secondary standardized exams
by affording additional identification options for any
test subject unable to provide the required government
issued identification. Staff notes that test sponsors
report that they do currently work with test subjects
to provide options for students who request assistance
with alternative forms of identification. This bill
would codify that practice.
2) Prior legislation . AB 2026 (Arambula, 2010) would
have required a test sponsor to accept the Matricula
Consular de Alta Seguridad (MCAS) as a valid form of
identification for purposes of admitting a test
subject to a standardized test. AB 2026 was ultimately
vetoed by the Governor who's veto message read, in
pertinent part:
Current law already allows individual entities,
such as a test sponsor specified in this bill, to
accept the Matricula Consular de Alta Seguridad
as a valid form of identification. The State
should not have to require any entity to accept
it. Testing sponsors should have the freedom to
decide whether the Matricula Consular de Alta
Seguridad is a valid form of identification for
its purposes.
This bill does not require a specific form of
identification, but instead, it provides the test
sponsor with the flexibility to verify identity using
alternative methods as identified by the test sponsor.
3) Clarifying and technical amendments . Staff recommends
the bill be amended on page 2, line 8 to clarify that
the test sponsor may require a student to obtain
approval for alternative identification in advance of
the test "registration" deadline. In addition, to
ensure that test subjects are aware that alternate
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forms of identification may be acceptable, staff
recommends the bill be amended to add, "Test sponsors
shall clearly post on their website contact
information for test subjects who are unable to
provide the required identification and need further
assistance."
SUPPORT
California State Student Association
Coalition for Humane Immigrant Rights of Los Angeles
University of California Student Association
OPPOSITION
None received.