BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1548
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1548 (Mullin)
          As Amended  May 12, 2014
          Majority vote 

           HIGHER EDUCATION    9-2         APPROPRIATIONS      12-4        
           
           ----------------------------------------------------------------- 
          |Ayes:|Williams, Bloom, Fong,    |Ayes:|Gatto, Bocanegra,         |
          |     |Fox,                      |     |Bradford,                 |
          |     |Jones-Sawyer, Levine,     |     |Ian Calderon, Campos,     |
          |     |Medina, Quirk-Silva,      |     |Eggman, Gomez, Holden,    |
          |     |Weber                     |     |Pan, Quirk,               |
          |     |                          |     |Ridley-Thomas, Weber      |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Ch�vez, Olsen             |Nays:|Bigelow, Donnelly, Jones, |
          |     |                          |     |Wagner                    |
           ----------------------------------------------------------------- 
           SUMMARY  :  Would require, until January 1, 2017, any agency that  
          administers standardized college admission tests to report  
          annually to the Superintendent of Public Instruction and the  
          Legislature regarding the number of test scores for each type of  
          standardized test that were canceled or invalidated, and the  
          associated reasons for cancellation or invalidation. The report  
          is not to include identifiable information on the test subjects.

           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  
          Sections 99150 to 99164.)

           FISCAL EFFECT  :  According to the Assembly Appropriations  








                                                                  AB 1548
                                                                  Page  2


          Committee, negligible fiscal impact.

           COMMENTS  :  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 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.  

          In August 2013, the United States 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.
           
           According to the author, this bill will help the Legislature  
          determine if the cancellation of test scores that occurred at  
          Mills High School was an isolated incident, or if there is a  
          larger problem that needs to be addressed more thoroughly in  
          state law.

           
          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960 


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