BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 1548
AUTHOR: Mullin
AMENDED: June 18, 2014
FISCAL COMM: Yes HEARING DATE: June 25, 2014
URGENCY: No CONSULTANT:Daniel Alvarez
SUBJECT : Standardized tests: reports.
SUMMARY
This bill requires, 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.
BACKGROUND
Current law imposes a number of requirements on test
sponsors or test agencies (defined as any individual,
partnership, corporation, association, company, firm,
institution, society, trust, or joint stock company) that
develop, sponsor or administer standardized tests (defined
as any test administered in California at the expense of
the test subject and used for purposes of admission to, or
class placement in, postsecondary institutions or their
programs, or preliminary preparation for those tests).
Current law also specifies that 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:
a) A cancellation of the test scores in question, with
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full refund of all test fees.
b) Opportunity to take the test again privately and
without charge.
c) Opportunity to seek judicial review of the matter.
However, these options are not applicable in instances of
inadequate or improper test conditions. Finally, current
law also provides that a test sponsor who violates any of
these provisions is liable for a civil penalty not to
exceed $750 per violation. (Education Code � 99150 et.
seq.)
ANALYSIS
This bill requires, 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.
In addition, this bill requires that reporting currently
required under law to be sent to the California
Postsecondary Education Commission, now also be sent to the
Superintendent of Public Instruction and the Legislature
for review.
STAFF COMMENTS
1) Need for the bill . According to the author's office,
this bill will provide an annual report to the
Superintendent of Public Instruction and the
Legislature detailing the number of tests that were
cancelled for each kind of test administered the
previous year and for what reason they were cancelled.
2) Genesis of this measure is related to noncompliance by
Mills High School of tests protocols . In May 2013,
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over 640 Advanced Placement (AP) exams taken by 286
Mills high school (San Mateo Union High School
District) students were invalidated. The invalidation
was the result of testing irregularities - some
students were seated at round tables and not facing
the same direction - in violation of testing
protocols. 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.
3) Investigation of complaints requires cooperation by
all . Underlying the court decision was that the San
Mateo Union High School District did not comply with
the requirements of the AP Coordinator's Manual.
However, in this instance, upon a student's complaint
directly to the Educational Testing Service (ETS),
regarding among other things, seating irregularities,
the ETS commenced an investigation. The final results
of the investigation were significantly delayed due to
an inability to obtain information from key Mills High
school administrators, consequently the decision to
invalidate the AP exam scores did not occur until
early July 2013.
The College Board attempted to provide for retesting
immediately following completion of its investigation.
However, a mutually agreeable date, with the school,
could not be quickly scheduled thereby delaying
possible retests until August 2013.
4) Opponents argue that this legislation is in response
to a singular incident in which the school test
coordinator violated the test administration protocols
by seating students facing each other. To
successfully implement standardized assessments,
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common test administration procedures must be followed
at all test sites to ensure that each student has fair
and equal testing conditions. Annual reporting of
such isolated incidents would not address improper
test administration.
5) Related legislation . SB 915 (Hill) requires a test
agency to initiate an investigation upon learning of a
compliant or a notice of inadequate or improper test
conditions relating to the administration of the
Advanced Placement (AP) test. In addition, this bill
requires the creation and preserving of seating
charts, as specified. SB 915 passed this Committee on
8-0 vote, and is awaiting action in the Assembly.
6) It is unclear why the Legislature would need to
receive voluminous amounts of information contained
within the requirements of Education Code sections
99152 and 99153, rather than appropriate education
entities already prescribed in the measure for
analysis and referral when necessary, therefore, staff
recommends amendments that:
On page 2, line 4, after "commission"
insert: "or successor entity"
On page 2, line 5, and strike "and the
Legislature"
On page 2, line 13, after "commission"
insert: "or successor entity"
On page 2, lin3 14, strike "and the
Legislature"
SUPPORT
None on file.
OPPOSITION
The College Board
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