BILL NUMBER: AB 2122	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 13, 2012
	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   testing  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   testing
 accommodations to a  disabled  test subject
 who is disabled  , as specified. The bill would 
also  require the process for determining whether to grant
 a reasonable   an  accommodation to be
made public, 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 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   testing 
accommodations to a  disabled  test subject 
with a disability  who makes a timely request  to ensure
that the Law   School Admission Test accurately reflects the
aptitude, achievement levels, or other factors that the test
purports to   measure and does not reflect the test subject'
s disability  .
   (2) The process for determining whether to grant  a
reasonable   an  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  for
a disability as defined in subdivision (j), (l), or (m) of Section
12926 of the Government Code  , 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). 
   (d) This section shall not be construed to limit or replace any
other right or remedy that exists under state or federal law.