SB 915, as amended, Hill. Standardized testing: inadequate or improper test conditions.
Existing law imposes various requirements on a test sponsor, also known as a test agency, with respect to the administration of standardized tests for purposes of postsecondary education. Existing law provides that a test sponsor that intentionally violates these provisions is liable for a civil penalty not to exceed $750 for each violation. Existing law provides that these requirements 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.
This bill would require a test agency, where there has been a complaint or a notice of inadequate or improper test conditions relating to an administration of an Advanced
Placement test, to immediately initiate an investigation. The bill would require the school in charge of the test site to cooperate with the test agency’s investigation by providing information requested by the test agency, as specified. If the test agency, upon completing the investigation, determines that the inadequate or improper test conditions will prevent it from reporting valid test scores, the bill would require the test agency tobegin delete immediatelyend delete notify the school in charge of the test site of the decisionbegin delete and theend deletebegin insert within 2 business days. The bill would require theend insert schoolbegin insert in charge of the test site, following notification from the test agency of the
decision that scores will not be reported,end insert to notify the affected test subjects of the decision within 2 businessbegin delete days, andend deletebegin insert days. The bill would require the school in charge of the test siteend insert to provide all affected test subjects with at least 5 business days’ prior notice of an opportunity to retest. The bill would require such a retest to be administered within 30 calendar days of the completion of the investigation.
The bill would require proctors administering an Advanced Placement test to create a seating chart, including the seat location of each test subject, for each Advanced Placement test administered at the test site. The bill would further require the school in charge of the test site to retain and preserve each such seating chart for at least one year after the administration of the Advanced Placement test to which that seating chart applies. The bill would require the school in charge of the test site to submit these seating charts to the test agency upon its request to assist with its investigation of a complaint or notice of inadequate or improper test conditions.
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end deletebegin insertAn intentionalend insert violation of these requirements would subject a test sponsor to the civil penalty referenced above.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 99160.5 is added to the Education Code,
2to read:
(a) A test agency shall immediately initiate an
4investigation upon learning of a complaint or a notice of inadequate
5or improper test conditions relating to an administration of an
6Advanced Placement test. In order to expedite the investigation
7and ensure a timely resolution, the school in charge of the test site
8shall cooperate with the test agency’s investigation by providing
9
information requested by the test agency within
five business days.
P3 1If, upon completing the investigation, the test agency determines
2that the inadequate or improper test conditions will prevent it from
3reporting valid test scores, the test agency shallbegin delete immediatelyend delete notify
4the school in charge of the test site of the decisionbegin delete andend deletebegin insert within two
5business days. Upon notification from the test agency that the test
6agency has determined that the inadequate or improper test
7conditions will prevent it from reporting valid test scores,end insert the
8schoolbegin insert in charge of the test siteend insert shall notify the affected test subjects
9of the decision
within two businessbegin delete days, andend deletebegin insert
days. The school in
10charge of the test siteend insert shall provide all affected test subjects with
11at least five business days’ prior notice of an opportunity to retest.
12That retest shall be administered within 30 calendar days of the
13completion of the investigation.
14(b) Proctors administering an Advanced Placement test shall
15create a seating chart, including the seat location of each test
16subject, for each Advanced Placement test administered at the test
17site. The test agency shall provide seating chart templates for use
18by each test site. The school in charge of the test site shall retain
19and preserve each seating chart created pursuant to this subdivision
20for at least
one year after the administration of the Advanced
21
Placement test to which that seating chart applies. The school in
22charge of the test site shall submit these seating charts to the test
23agency upon its request to assist with its investigation of a
24complaint or notice of inadequate or improper test conditions.
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