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

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-Introduced.html

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BILL NUMBER: SB 915	INTRODUCED
	BILL TEXT


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

                        JANUARY 27, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 915, as introduced, Hill. Standardized testing: cancellation or
invalidation of test scores.
   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, the testing agency to 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 bill would require the testing agency 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.
   The bill would require a testing agency to 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 bill
would further require a testing agency to retain and preserve each
such seating chart for at least 2 years after the administration of
the test to which that seating chart applies.
   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 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  irreguarity
  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  natural disasters, national emergencies,
inadequate or improper test conditions, answer sheet printing errors,
or testing agency errors   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.  
   (g) 
    (   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.