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 to notify the school in charge of the test site of the decision within 2 business days. The bill would require the school in charge of the test site, following notification from the test agency of the
decision that scores will not be reported, to notify the affected test subjects of the decision within 2 business days. The bill would require the 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 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.
An intentional violation of these requirements would subject a test sponsor to the civil penalty referenced above.