Bill Text: CA SB915 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Standardized testing: inadequate or improper test conditions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-08-22 - Chaptered by Secretary of State. Chapter 245, Statutes of 2014. [SB915 Detail]

Download: California-2013-SB915-Amended.html

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BILL NUMBER: SB 915	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY    Senators   Hill 
   and Yee   Senator  
Hill 
   (Coauthor: Assembly Member Mullin)

                        JANUARY 27, 2014

   An act to  amend Section 99160 of   add
Section 99160.5 to  the Education Code, relating to standardized
testing.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 915, as amended, Hill. Standardized testing: 
cancellation or invalidation of test scores.  
inadequate or improper test conditions. 
   Existing law imposes various requirements on a test sponsor or
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  instead  require, where there
has been a complaint or a notice of  testing irregularity,
for reasons including  inadequate or improper test
conditions  , answer sheet printing errors, or testing agency
errors,   relating to an administration of the Advanced
Placement test,  the  testing   test 
agency to  conduct an immediate   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  testing   test
 agency determines that the  testing irregularity is a
sufficient cause for the cancellation of the  
inadequate or improper test conditions will prevent it from reporting
valid  test scores, the bill would require the  testing
agency   school in charge of the test site  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 
original test date.   completion of the investigation.

   The bill would require  a testing agency to require
 test proctors  of an administration of the Advanced
Placement test  to create a seating chart, including the seat
location of each test subject, for each  Advanced Placement 
test administered  by the testing agency.   at
the test site.  The bill would further require  a
testing agency   the school in charge of the test site
 to retain and preserve each such seating chart for at least 2
years 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. 
   A 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 1.    Section 99160.5 is added to the 
 Education Code   , to read:  
   99160.5.  (a) The test agency shall immediately initiate an
investigation upon learning of a complaint or a notice of inadequate
or improper test conditions relating to an administration of the
Advanced Placement test. In order to expedite the investigation and
ensure a timely resolution, the school in charge of the test site
shall cooperate with the test agency's investigation by providing
information requested by the test agency within seven calendar days.
If the test agency determines that the inadequate or improper test
conditions will prevent it from reporting valid test scores, the
school in charge of the test site shall provide all affected test
subjects with at least five business days' prior notice of an
opportunity to retest. That retest shall be administered within 30
calendar days of the completion of the investigation.
   (b) Test proctors of an administration of the Advanced Placement
test shall create a seating chart, including the seat location of
each test subject, for each Advanced Placement test administered at
the test site. The test agency shall provide seating chart templates
for use by each test site. The school in charge of the test site
shall retain and preserve each seating chart created pursuant to this
subdivision for at least two years after the administration of the
Advanced Placement test to which that seating chart applies. The
school in charge of the test site shall 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.
 
  SECTION 1.    Section 99160 of the Education Code
is amended to read:
   99160.  (a) 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:
   (1) A cancellation of the test scores in question, with full
refund of all test fees.
   (2) Opportunity to take the test again privately and without
charge.
   (3) Opportunity to seek judicial review of the matter.
   (b) The test subject shall have 30 days following receipt of the
notice by registered mail to respond to the notice of inauthenticity.

   (c) If the test subject responds to the notice of inauthenticity
or irregularity of test scores sent by the test agency within the
time period specified by subdivision (b), the test agency shall
review the contents of the response and comply with one of the
following:
   (1) If the test subject requests cancellation of the test scores,
a full refund of all test fees will be provided within a reasonable
period.
   (2) If the test subject requests an opportunity to take the test
again privately and without charge, the test agency shall make
appropriate accommodations that are mutually agreed upon by the test
agency and test subject so that the test subject has sufficient time
to prepare for the retest. The retest shall be given in a reasonable
and timely manner.
   (3) Nothing in this section precludes the parties from seeking
resolution of the testing problems by either judicial review or
arbitration.
   (d) The test agency shall not release confidential information to
any authorized test score recipients regarding a test subject under
pending investigation, unless authorized to do so by the test
subject.
   (e) The test agency shall immediately release the test score to
the test subject and the test score recipients where no substantial
evidence exists to render the inauthenticity or irregularity of the
test score.
   (f) The procedures prescribed in Section 99159 and this section 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 a natural disaster, national emergency, school fire,
or fire alarm.
   (g) Where there has been a complaint or a notice of testing
irregularity, for reasons including, but not necessarily limited to,
inadequate or improper test conditions, answer sheet printing errors,
or testing agency errors, the testing agency shall conduct an
immediate investigation. If the testing agency determines that the
testing irregularity is a sufficient cause for the cancellation of
the test scores, the testing agency shall provide all affected test
subjects with at least five business days' prior notice of an
opportunity to retest, and that retest shall be administered within
30 calendar days of the original test date. If a retest is not
administered within 30 calendar days of the original test date as
required by this subdivision, the procedures prescribed in Section
99159 and this section shall apply.
   (h) The testing agency shall require test proctors to create a
seating chart, including the seat location of each test subject, for
each test administered by the testing agency. The testing agency
shall provide an appropriate seating chart template to each test site
and each test proctor. The testing agency shall retain and preserve
each seating chart created pursuant to this subdivision for at least
two years after the administration of the test to which that seating
chart applies.
   (i) Time procedures described in Section 99159 and this section
shall not apply in those instances where test scores have already
been reported to test score recipients.