BILL NUMBER: AB 2122	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2012

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 23, 2012

   An act to add Section 99161.5 to the Education Code, relating to
standardized testing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2122, as amended, Lara. Standardized testing:  reasonable
 accommodations.
   Existing law imposes various requirements on a test sponsor or
test agency, as defined, with respect to the administration of
standardized tests for purposes of postsecondary education.
   Existing law provides that a test sponsor that intentionally
violates these provisions is liable for a civil penalty not to exceed
$750 for each violation.
   This bill would require the test sponsor of the Law School
Admission Test to provide reasonable  accommodation 
 accommodations  to a disabled test subject, as specified.
The bill would also require the process for determining whether to
grant a reasonable accommodation to be made public  and
  ,  the outcome of the request to be conveyed to
the requester within a reasonable amount of time  , and the
reasons for a denial of a request for accommodation to be stated to
the requester in writing  . The bill would also require that
test sponsor to establish a timely appeals process when a request is
denied  , and to clearly post on the Law School Admission Test
Internet Web site information regarding refund policies for
individuals whose requests for accommodation are denied  . The
bill would also prohibit that test sponsor from notifying a test
score recipient  , as defined,  that the score of
any test subject was obtained by a subject who received
accommodations. A violation of these requirements would subject a
test sponsor to the above civil penalty.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 99161.5 is added to the Education Code, to
read:
   99161.5.  (a) (1) The test sponsor of the Law School Admission
Test shall provide reasonable accommodations to a disabled test
subject who makes a timely request.
   (2) The process for determining whether to grant a reasonable
accommodation under paragraph (1) shall be made public, and the
decision whether or not to approve a request for an accommodation
shall be conveyed to the requester within a reasonable amount of
time.  If the test sponsor of the Law School Admission Test does
not approve a request for accommodation, the test sponsor shall state
the reasons for the denial of the request to the requester 
 in writing. 
   (3) The test sponsor of the Law School Admission Test shall
establish a timely appeals process for a test taker who has been
denied an accommodation request.  The test sponsor of the Law
School Admission Test shall clearly post on the Law School Admission
Test Internet Web site information regarding refund policies for
individuals whose requests for accommodation are denied. 
   (b) Whenever a test subject has received formal testing
accommodations from a postsecondary educational institution, the test
sponsor of the Law School Admission Test shall provide
accommodations to that test subject.
   (c) The test sponsor of the Law School Admission Test shall not
notify a test score recipient that the score of any test subject was
obtained by a subject who received accommodations under paragraph (1)
of subdivision (a).