BILL ANALYSIS �
AB 1548
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Date of Hearing: May 6, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
AB 1548 (Mullin) - As Introduced: January 27, 2014
SUBJECT : Standardized tests: withholding test scores.
SUMMARY : Would prohibit a test agency from withholding a test
subject's test score for irregular test administration,
irregular statistical data, or any reason unrelated to
misconduct by the test subject; requires a test agency that
invalidates a test score for any reason other than misconduct to
release the score to the test subject and any authorized test
score recipients with an explanation of why the test score was
invalidated and a statement that the decision was not based on
misconduct; and, provides that a postsecondary educational
institution may accept an invalidated test score released
pursuant to the aforementioned.
EXISTING LAW imposes a number of requirements on test sponsors
that develop, sponsor or administer standardized tests
including, requiring the test agency to have substantial
evidence from an investigation that supports the decision to
cancel or invalidate a score; and, requiring, upon a
cancellation or invalidation of a test score, the test agency to
provide the test subject with the option of a refund of all test
fees, the opportunity to take the test again privately and
without charge, and the opportunity to seek judicial review of
the matter. However, these options are not applicable in
instances of complete disruption of a test due to, among other
exceptions, inadequate or improper test conditions. A test
sponsor who violates provisions of law is liable for a civil
penalty not to exceed $750 per violation (Education Code
�99150-�99164.)
FISCAL EFFECT : Unknown. This bill has been keyed non-fiscal by
Legislative Counsel.
COMMENTS : Purpose of this bill . In May of 2013, 259 Mills High
School students had 641 of their Advanced Placement (AP) test
scores cancelled by the College Board and Educational Testing
Service (ETS) because of seating irregularities - some students
were seated at round tables and not facing the same direction -
in violation of testing protocols. The author notes that no
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evidence of student misconduct was identified. Students were
provided an opportunity to retest, however due to a number of
factors, the retest did not occur until August, long after the
school year had concluded and some students had already left for
college. This bill, according to the author, "would provide
equity to the students whom, through no fault of their own, had
their test scores invalidated."
Background . The College Board AP Program provides AP courses in
34 subjects, culminating in an exam which College Board
recommends that colleges use to award credit to students who
score three or higher. However, the college ultimately makes
the decision of whether to confer credit. According to College
Board, most four-year colleges and universities in the United
States grant credit, advanced placement or both on the basis of
successful AP Exam scores.
ETS is responsible for test security with respect to a variety
of College Board tests, including the AP exams. In that
capacity, ETS develops test administration procedures for AP
exams; conducts security investigations where appropriate (i.e.,
cases where the high school failed to comply with test
administration procedures); makes recommendations to the College
Board as to how cases should be resolved. The College Board
makes the final decision about what action, if any, should be
taken in the event of testing irregularities.
All administers of AP exams are required to comply with test
administration requirements, as set forth in the AP
Coordinator's Manual. Explicitly outlined in the AP
Coordinator's Manual, among several other seating requirements,
students must face in the same direction and round tables are
prohibited for testing. The AP Coordinator's Manual notes that
failure to follow seating requirements could result in
cancellation of exam scores.
Court decision on AP tests . In August 2013, the US District
Court for Northern California denied an application for a
temporary restraining order and a motion for a preliminary
injunction seeking the reinstatement of the invalidated AP test
scores. Among other things, court documents indicate the San
Mateo Union High School District failed to administer some of
the AP exams in a manner consistent with the seating
requirements specified in the AP Coordinator's Manual.
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Requiring colleges to determine test reliability . This bill
would require test agencies to release test scores invalidated
for irregular test administration, irregular statistical data,
or any reason unrelated to misconduct by students.
Postsecondary educational institutions would be authorized to
accept the invalidated test scores. Opponents have raised
concerns that releasing invalidated test scores (1) undermines
the reliability of testing, and (2) inappropriately places
college personnel in a position to determine whether an
invalidated test is reliable.
To address these concerns, the author has proposed amendments to
delete the current contents of the bill and instead require test
agencies to report regarding testing cancellations. If the
Committee chooses to approve the author's amendments, committee
staff also suggests an amendment to ensure reporting is
consistent with student privacy rights and to sunset the
reporting requirement after two years.
Related legislation . SB 915 (Hill) was recently approved by the
Senate Education Committee, and would require a test agency to
initiate an investigation upon learning of a complaint or a
notice of inadequate or improper test conditions relating to the
administration of the Advanced Placement test. In addition, the
bill would require the creation and preserving of seating
charts.
REGISTERED SUPPORT / OPPOSITION :
Support
Several Individuals
Opposition
Association of American Medical Colleges
College Board
Education Testing Services
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960
AB 1548
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