Amended in Assembly May 12, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1548

Introduced by Assembly Member Mullin

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(Coauthor: Assembly Member Ting)

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(Coauthor: Senator Hill)

January 27, 2014

An act to begin delete amend Sections 99159 and 99160 of end delete begin insert add and repeal Section 99160.7 of end insert the Education Code, relating to standardized tests.

LEGISLATIVE COUNSEL’S DIGEST

AB 1548, as amended, Mullin. Standardized tests: begin delete withholding end delete begin insert canceled or invalidated end insert test begin delete scores. end delete begin insert scores: report. end insert

Existing law imposes various requirements on a begin delete test sponsor or end delete test begin delete agency end delete begin insert agency, as defined, end insert with respect to the administration of standardized tests for purposes of postsecondary education. begin insert A test agency that intentionally violates any of those provisions is subject to a civil penalty not to exceed $750 for each violation. end insert Existing law authorizes a test agency to begin delete withhold a test subject’s score for specified reasons, including collusion or cheating, irregular test administration, or irregular statistical data, and further authorizes a test agency to end delete cancel or invalidate a test score where substantial evidence exists to support cancellation or invalidation of the test score.

This bill would begin delete prohibit a test agency from withholding a test subject’s score for any reason other than a test subject’s misconduct. The bill would require a test agency that cancels or invalidates a test subject’s test score for any reason other than the test subject’s misconduct to release the test score to the test subject and any authorized test score recipients with an explanation of why the test agency invalidated the test score and a statement that the decision to invalidate the test score was not based on misconduct by the test subject. The bill would specify that a postsecondary educational institution may accept an invalidated test score released pursuant to those provisions. end delete begin insert require a test agency, on or before March 1 of each year, to submit a report to the Superintendent of Public Instruction and to the Legislature that contains specified information on test scores that were canceled or invalidated in the prior year. The bill would repeal those provisions on January 1, 2017. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 99160.7 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

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begin insert 99160.7. end insert   

(a) On or before March 1 of each year, a test agency
shall submit a report to the Superintendent of Public Instruction
and to the Legislature that contains all of the following information
for the prior year:

(1) The number of test scores for each type of standardized test
that were canceled or invalidated.

(2) The reasons the test scores were canceled or invalidated,
including, but not limited to, irregular test administration, irregular
statistical data, or cheating.

(b) A report submitted pursuant to this section shall not include
specific or identifiable information on the test subjects.

(c) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

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SECTION 1.  

Section 99159 of the Education Code is amended
to read:

99159.  

(a) Whenever a test agency is presented with
information that renders the test subject’s test score suspect,
whether that information is in the form of allegations of collusion,
cheating, or any other information relating to misconduct by the
test subject, the test agency is responsible for reviewing the
information and determining if withholding the test subject’s score
is warranted.

(b) If the test agency determines that withholding the test
subject’s score is warranted, the test agency shall give the test
subject written notice of the test agency’s decision. The notice
shall be sent by registered mail not later than five working days
after the test agency’s decision.

(c) The notice to the test subject shall include all of the
following:

(1) A complete summary of the information submitted to the
test agency and relied upon by the test agency to withhold the
score.

(2) A complete summary of the pertinent facts surrounding the
investigation.

(3) A statement of the test subject’s right to receive, upon
request, details supporting complete summaries referred to in
paragraphs (1) and (2).

(4) The policies and procedures that were followed by the test
agency in reviewing and rendering a decision to withhold the test
score.

(5) The potential consequences that may result from the
investigation, such as withholding or invalidating the test scores.

(6) A summary of the information that may be submitted to the
test agency by the test subject to support the authenticity of the
test score.

(7) A statement informing the test subject that the opportunity
to respond to the notice will be afforded for not more than 15
working days following the date the notice was delivered. No final
decision on the question of suspected irregularity or inauthenticity
shall be rendered by the test agency until the test subject under
investigation has responded, or the time for doing so has expired,
whichever occurs first.

(d) After the time period specified in paragraph (7) of
subdivision (c) has expired, the test agency shall review all of the
evidence and shall render a decision regarding the authenticity of
the score.

(e) A test agency shall not cancel or invalidate a test subject’s
test scores on the basis of an alleged irregularity or inauthenticity
unless, after all evidence has been considered by the test agency,
substantial evidence resulting from an investigation conducted
pursuant to this section supports the cancellation or invalidation.

(f) A test agency shall not withhold a test subject’s test score
for irregular test administration, irregular statistical data, or any
reason unrelated to misconduct by the test subject.

SEC. 2.  

Section 99160 of the Education Code is amended to
read:

99160.  

(a) Whenever the test agency determines that
substantial evidence exists to support cancellation or invalidation
of a test score, the test agency shall provide the test subject with
a choice of the following options:

(1) A cancellation of the test scores in question, with full refund
of all test fees.

(2) Opportunity to take the test again privately and without
charge.

(3) Opportunity to seek judicial review of the matter.

(b) The test subject shall have 30 days following receipt of the
notice by registered mail to respond to the notice of inauthenticity.

(c) If the test subject responds to the notice of inauthenticity or
irregularity of test scores sent by the test agency within the time
period specified by subdivision (b), the test agency shall review
the contents of the response and comply with one of the following:

(1) If the test subject requests cancellation of the test scores, a
full refund of all test fees shall be provided within a reasonable
period.

(2) If the test subject requests an opportunity to take the test
again privately and without charge, the test agency shall make
appropriate accommodations that are mutually agreed upon by the
test agency and test subject so that the test subject has sufficient
time to prepare for the retest. The retest shall be given in a
reasonable and timely manner.

(3) Nothing in this section precludes the parties from seeking
resolution of the testing problems by either judicial review or
arbitration.

(d) The test agency shall not release confidential information
to any authorized test score recipients regarding a test subject under
pending investigation, unless authorized to do so by the test subject.

(e) The test agency shall immediately release the test score to
the test subject and the test score recipients where no substantial
evidence exists to render the inauthenticity or irregularity of the
test score.

(f) The procedures prescribed in Section 99159 and this section
do not apply to instances where the cancellation of all test scores
results from the complete disruption of the administration of the
test, such as by natural disasters, national emergencies, inadequate
or improper test conditions, answer sheet printing errors, or testing
agency errors.

(g) Time procedures described in Section 99159 and this section
shall not apply in those instances where test scores have already
been reported to test score recipients.

(h) If a test agency invalidates a test score for a reason other
than the test subject’s misconduct, the test agency shall not
withhold the test subject’s score, and shall release the invalidated
test score to the test subject and any authorized test score recipients
with an explanation of why the test agency invalidated the test
score, and a statement that the decision to invalidate the test score
was not based on misconduct by the test subject. A postsecondary
educational institution may accept an invalidated test score released
pursuant to this subdivision.

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