Amended in Senate July 2, 2014

Amended in Senate June 18, 2014

Amended in Assembly May 12, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1548

Introduced by Assembly Member Mullin

(Coauthor: Assembly Member Ting)

(Coauthor: Senator Hill)

January 27, 2014

An act to amend Sections 99152 and 99153 of, and to add and repeal Section 99160.7 of, the Education Code, relating to standardized tests.

LEGISLATIVE COUNSEL’S DIGEST

AB 1548, as amended, Mullin. Standardized tests: reports.

Existing law imposes various requirements on a test agency, as defined, with respect to the administration of standardized tests for purposes of postsecondary education, and requires a test sponsor to submit certain information and data to the California Postsecondary Education Commission. A test agency that intentionally violates any of those provisions is subject to a civil penalty not to exceed $750 for each violation. Existing law authorizes a test agency to cancel or invalidate a test score where substantial evidence exists to support cancellation or invalidation of the test score.

This bill would require a test sponsor to also submit specified information that is required to be submitted to the California Postsecondary Education Commission begin insert , or its successor entity, end insert to the Superintendent of Public begin delete Instruction and the Legislature, end delete begin insert Instruction, end insert and would authorize the submission of that information in digital format. The bill would, until January 1, 2017, require a test agency to submit a report, on or before March 1 of each year, 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 99152 of the Education Code is amended
to read:

99152.  

Each test sponsor shall report the closing date of its
testing year to the begin delete commission, end delete begin insert commission, or its successor entity,
and end insert the Superintendent of Public begin delete Instruction, and the Legislature, end delete
begin insert Instruction end insert by February 1, 1985, or within 90 days after it first
becomes a test sponsor, whichever is later. Each test sponsor shall
report any change in the closing date of its testing year within 90
days after the change. The report may be submitted in a digital
format.

SEC. 2.  

Section 99153 of the Education Code is amended to
read:

99153.  

On or before November 15 of each year, the test sponsor
shall submit to the begin delete commission, end delete begin insert commission, or its successor entity,
and end insert the Superintendent of Public begin delete Instruction, and the Legislature end delete
begin insert Instruction end insert all of the following data and information:

(a) Three copies of each version of the test that was disclosed
in the prior testing year, along with the corresponding acceptable
answers, and the methods used to convert raw scores into the test
scores reported to test subjects and test score recipients, together
with an explanation of that method.

(b) The dates of major or national administration of each test
administered by the test agency during the testing year.

(c) The total number of test subjects who have taken the test
once, who have taken it twice, and who have taken it more than
twice during the testing year.

(d) The total number of test subjects who registered for, but did
not take, the test.

(e) The total amount of fees received from test subjects by the
test agency for the test for that testing year.

(f) The expenses to the test sponsor of the test, as follows:

(1) Those expenses that are directly attributable to the test.

(2) Those expenses that are indirectly attributable to the test.
However, if the test sponsor also sponsors another test or related
activities, it shall be sufficient for compliance with this section for
the test sponsor to list indirectly attributable expenses, to the extent
that they are identifiable, as they are proportionately related to the
test. The test sponsor shall also list expenses indirectly attributable
to all activities of the test’s sponsor, including expenses not
identifiable as attributable to a test.

The financial disclosure required by this section shall be
submitted within 135 days after the close of the testing year and
in sufficient detail to indicate the major categories of revenues and
expenses associated with the test. Except as provided in this
section, the information for different tests administered by the
same test sponsor shall be reported separately and by individual
test.

(g) A copy of all documents, pamphlets, and literature provided
to the test subject and the test score recipient.

(h) Where applicable, the national average test scores, state
average test scores, the standard error of measurement, and any
other existing information relevant to a comparison of the test
scores of the state’s test subjects with test scores of previous test
subjects of the past five years.

(i) For those tests used to predict academic performance, the
most recent national or regional aggregation of data concerning
the predictive validity of all of the following:

(1) Academic record or grades alone.

(2) Standardized test score alone.

(3) Academic record and test score combined.

(4) Standardized test scores over and above the predictive
validity of academic record alone.

(j) Using available data, the racial, ethnic, and sex breakdown
of all test subjects taking each test during the testing year.

(k) If a separate fee is charged test subjects for admissions data
assembly service, the test sponsor shall report information
concerning the data assembly service in substantially the same
form as would be required for a test under this section.

(l) The test sponsor shall also supply to the commission any
other information mutually identified by the commission and the
test sponsor that will be reasonably available and helpful in either
(1) assessing the state’s progress in increasing the number of
Hispanic, Black, or American Indian students who graduate from
high school eligible to enroll in either the University of California
or the California State University or (2) developing strategies to
involve the testing companies in cooperative actions with schools,
colleges, and universities to expand access to college for Hispanic,
Black, and American Indian students.

(m) This section shall not be construed to require any test agency
to submit to the commission any reports or documents containing
information relating to any individual test subject. Any information
relating to any individual test subject shall be deleted or obliterated
from any reports or documents filed with the commission pursuant
to this section.

(n) This section shall not apply to any standardized test that is
administered to fewer than 3,000 test subjects in California during
a testing year.

(o) The information required to be submitted pursuant to this
section may be submitted in a digital format.

SEC. 3.  

Section 99160.7 is added to the Education Code, to
read:

99160.7.  

(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.