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AB-1234 Standardized tests.(2019-2020)

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Date Published: 06/11/2019 09:00 PM
AB1234:v97#DOCUMENT

Amended  IN  Senate  June 11, 2019
Amended  IN  Assembly  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1234


Introduced by Assembly Member Patterson
(Coauthors: Senators Bates and Wilk)

February 21, 2019


An act to amend Sections 99150, 99153, 99154, and 99157 of the Education Code, relating to standardized tests.


LEGISLATIVE COUNSEL'S DIGEST


AB 1234, as amended, Patterson. Standardized tests.
Existing law requires a test sponsor of a standardized test, for the purposes of postsecondary education, to submit to the appropriate state agency, or make publicly available on the test sponsor’s internet website, specified data and information relating to the standardized test, including: 3 copies of each version of the test that was disclosed in the prior testing year and the corresponding acceptable answers; the total number of test subjects who have taken the test once, twice, and more than twice; the total number of test subjects who registered for the test but did not take it; the total amount of fees received from test subjects; and when and where each test was administered in the state. Existing law requires a test sponsor to submit to the appropriate state agency or post on the test sponsor’s internet website, the major categories of revenues and expenses associated with the test within 135 days after the close of the testing year. Existing law requires a test sponsor to provide test subjects materials for not fewer than 50% of regular test administrations, rounded to the nearest larger whole number.
This bill would delete repeal the requirements for: providing or posting 3 copies of each version of the test that was disclosed in the prior testing year; for specifying the number of test subjects who have taken the test more than one time; and time, reporting the number of test subjects who registered for but did not take the test, reporting the total amount of fees received from test subjects, and reporting when and where the test was administered in the state. This bill would instead require the test sponsor to report or post the cost of the test to a test subject for the testing year and to report or post sample materials reflective of the content and method of testing that describe the test and sample test questions. year. This bill would change the required calculation for the number of test administrations from which a test sponsor must provide test materials to a test subject, as specified. This bill would permit a test sponsor to submit or post federal financial filings furnished to the Internal Revenue Service in lieu of submitting revenue and expense information.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 99150 of the Education Code is amended to read:

99150.
 (a) The Legislature finds and declares that:
(1) Education is fundamental to the development of all residents and to the progress of the state as a whole.
(2) Standardized tests are a major factor in the admission and placement of students in postsecondary education.
(3) There is increasing concern among residents, educators, and public officials regarding the proper uses of standardized tests in the admissions and placement decisions of postsecondary education institutions.
(4) The rights of test subjects should be assured without infringing upon the proprietary rights of the test agencies.
(b) It is the intent and purpose of the Legislature in enacting this chapter to do all of the following:
(1) Ensure that test subjects and persons who use test results are fully aware of the characteristics, uses, and limitations of standardized tests used in postsecondary education admissions and placement.
(2) Ensure due process protection of test subjects whose scores are being questioned for suspected inauthenticity or irregularity in test administration.
(3) Provide test subjects with the opportunity to review sample test questions.
(4) Make available to the public appropriate information regarding the procedure, development, and administration of standardized tests.
(5) Promote more knowledge about the proper use of standardized test results and promote greater accuracy, validity, and reliability in the development, administration, and interpretation of standardized tests.

SEC. 2.

 Section 99153 of the Education Code is amended to read:

99153.
 On or before November 15 of each year, the test sponsor shall submit to the appropriate state agency or make publicly available on the test sponsor’s internet website all of the following data and information:
(a) Sample materials reflective of the content and method of testing that describe the test, sample test questions, and the methods used to convert raw scores into the test scores reported to test subjects and test score recipients, together with an explanation of those methods. Three copies of each version of the test that was disclosed in the prior testing year, along with the corresponding acceptable answers, and the methods used to convert raw scores into the test scores reported to test subjects and test score recipients, together with an explanation of those methods.
(b) The dates of major or national administration of each test administered by the test agency during the testing year.
(c) The total number of test subjects who have taken the test during the testing year.
(d) The cost of the test to a test subject for that testing year.
(e) The expenses to the test sponsor of the test, as follows:
(1) Those expenses which are directly attributable to the test.
(2) (A) Those expenses which are indirectly attributable to the test. However, if the test sponsor also sponsors another test or related activities, it shall be sufficient for compliance with this section for the test sponsor to list indirectly attributable expenses, to the extent that they are identifiable, as they are proportionately related to the test. The test sponsor shall also list expenses indirectly attributable to all activities of the test’s sponsor, including expenses not identifiable as attributable to a test.
The financial disclosure required by this section shall be submitted within 135 days after the close of the testing year and in sufficient detail to indicate the major categories of revenues and expenses associated with the test. Except as provided in this section, the information for different tests administered by the same test sponsor shall be reported separately and by individual test.
(B) A test sponsor that submits federal financial filings to the Internal Revenue Service may submit to the appropriate state agency, or publish on the test sponsor’s internet website, the Internal Revenue Service filing in lieu of submitting the revenue and expense information required by this paragraph.
(f) A copy of all documents, pamphlets, and literature provided to the test subject and the test score recipient.
(g) Where applicable, the national average test scores, state average test scores, the standard deviation, and any other existing information relevant to a comparison of the test scores of the state’s test subjects with test scores of previous test subjects of the past five years.
(h) For those tests used to predict academic performance, the most recent national or regional aggregation of data concerning the predictive validity of all of the following:
(1) Academic record or grades alone.
(2) Standardized test score alone.
(3) Academic record and test score combined.
(4) Standardized test scores over and above the predictive validity of academic record alone.
(i) Using available data, the racial, ethnic, and sex breakdown of all test subjects taking each test during the testing year.
(j) If a separate fee is charged to test subjects for admissions data assembly service, the test sponsor shall report information concerning the data assembly service in substantially the same form as would be required for a test under this section.
(k) The test sponsor shall also supply to the appropriate state agency any other information mutually identified by the appropriate state agency and the test sponsor that will be reasonably available and helpful in either (1) assessing the state’s progress in increasing the number of Hispanic, Black, or American Indian students who graduate from high school eligible to enroll in either the University of California or the California State University or (2) developing strategies to involve the testing companies in cooperative actions with schools, colleges, and universities to expand access to college for Hispanic, Black, and American Indian students.
(l) This section shall not be construed to require any test agency to submit to the appropriate state agency or make publicly available on the test sponsor’s internet website any reports or documents containing information relating to any individual test subject. Any information relating to any individual test subject shall be deleted or obliterated from any reports or documents filed with the appropriate state agency or made publicly available on the test sponsor’s internet website pursuant to this section.
(m) This section shall not apply to any standardized test which is administered to fewer than 3,000 test subjects in California during a testing year.

SEC. 3.

 Section 99154 of the Education Code is amended to read:

99154.
 (a) Within 90 days of the close of each testing year, the test sponsor shall file with the appropriate state agency or make publicly available on the test sponsor’s internet website standard technical data sufficient to describe the psychometric quality of the test.
For purposes of compliance with this section, it is sufficient to deposit with the appropriate state agency information conforming to the guidelines specified in the Standards for Educational and Psychological Tests of the American Psychological Association, which were in effect 180 days before the testing year, and which are appropriate to the particular test and its uses.
(b) Data, reports, or other documents submitted to the appropriate state agency or made available on the test sponsor’s internet website pursuant to this section shall be accompanied by a description of the test, including, but not limited to, the title and purpose or purposes of the test.
(c) Data, reports, or other documents submitted to the appropriate state agency or made available on the test sponsor’s internet website pursuant to this chapter shall not contain information in a form identifiable with individuals or particular postsecondary educational institutions.

SEC. 4.

 Section 99157 of the Education Code is amended to read:

99157.
 (a) Except for test administrations described in subdivision (d), the test sponsor shall provide to test subjects the test materials specified in subdivisions (b) and (c) for not fewer than 50 percent of regular test administrations, as determined by the test sponsor. If the application of 50 percent results in a number that includes a fraction, the number shall be rounded down to the nearest whole number.
(b) Within 90 days of the release to the test subject of the results of a standardized test as specified in subdivision (a), and upon the request of the test subject, the test sponsor shall provide to the test subject an opportunity to examine operational test questions and answers under closely monitored conditions. The examination shall occur at a location to be mutually agreed upon by the test sponsor and test subject.
Unless authorized by the test sponsor, questions, answers, or copies of questions or answers shall not be removed from the facility, except by a representative of the test sponsor. During the examination of test materials, the test subject may file with a representative of the test sponsor, and with an educational institution or institutions seeking results of the test examined, a written protest to any question or answer.
(c) As an alternative to the procedure described in subdivision (b), and within 90 days of the release of the results of any standardized test score to the test subject, and upon request of the test subject, the test sponsor shall make available to the test subject the test materials, including operational test questions, a copy of the test subject’s response to each question, the test subject’s raw scores, a copy of scoring and scaling instructions, a copy of the correct responses, and a copy of the conversion factor or table, or both.
Each test sponsor shall, before the administration of a test, give written notification to the test subject of the test subject’s right to request and receive test disclosure as provided in this section.
(d) In order to accommodate test subjects who, because of religion, are unable to participate in regular test administrations, the test sponsor shall provide test materials specified in subdivisions (b) and (c) to test subjects of not fewer than one non-Saturday test administration during every 12-month period following December 1, 1984.
(e) Each test sponsor shall, before the administration of a test, give written notification to the test subjects of their right to request and receive test materials as provided in subdivisions (a), (b), and (c), provided that the request has been made within 90 days of the release of the test score to the test subject.
(f) The test sponsors may charge a nominal fee, not to exceed the direct costs thereof, for test materials provided pursuant to this section.
(g) For the purposes of this section only, a “standardized test” or “test” means any test administered in California to at least 3,000 individuals during a testing year and which is designed for, and formally required by, institutions of postsecondary education in California for the purposes of admission to those institutions for undergraduate studies. This section does not apply to tests that have been administered for less than five years, the College Board Achievement tests, the Advanced Placement tests, the Medical College Admissions tests, or the test of English as a foreign language.