California Assembly Bill AB2122 Amended / Bill

 BILL NUMBER: AB 2122AMENDED BILL TEXT AMENDED IN SENATE JUNE 13, 2012 AMENDED IN ASSEMBLY MARCH 21, 2012 INTRODUCED BY Assembly Member Lara FEBRUARY 23, 2012 An act to add Section 99161.5 to the Education Code, relating to standardized testing. LEGISLATIVE COUNSEL'S DIGEST AB 2122, as amended, Lara. Standardized testing:  reasonable   testing  accommodations. Existing law imposes various requirements on a test sponsor or test agency, as defined, 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. This bill would require the test sponsor of the Law School Admission Test to provide  reasonable   testing  accommodations to a  disabled  test subject  who is disabled  , as specified. The bill would  also  require the process for determining whether to grant  a reasonable   an  accommodation to be made public, the outcome of the request to be conveyed to the requester within a reasonable amount of time, and the reasons for a denial of a request for accommodation to be stated to the requester in writing. The bill would  also  require that test sponsor to establish a timely appeals process when a request is denied, and to clearly post on the Law School Admission Test Internet Web site information regarding refund policies for individuals whose requests for accommodation are denied. The bill would  also  prohibit that test sponsor from notifying a test score recipient that the score of any test subject was obtained by a subject who received accommodations. A violation of these requirements would subject a test sponsor to the above civil penalty. 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 99161.5 is added to the Education Code, to read: 99161.5. (a) (1) The test sponsor of the Law School Admission Test shall provide reasonable   testing  accommodations to a  disabled  test subject  with a disability  who makes a timely request  to ensure that the Law   School Admission Test accurately reflects the aptitude, achievement levels, or other factors that the test purports to   measure and does not reflect the test subject' s disability  . (2) The process for determining whether to grant  a reasonable   an  accommodation under paragraph (1) shall be made public, and the decision whether or not to approve a request for an accommodation shall be conveyed to the requester within a reasonable amount of time. If the test sponsor of the Law School Admission Test does not approve a request for accommodation, the test sponsor shall state the reasons for the denial of the request to the requester in writing. (3) The test sponsor of the Law School Admission Test shall establish a timely appeals process for a test taker who has been denied an accommodation request. The test sponsor of the Law School Admission Test shall clearly post on the Law School Admission Test Internet Web site information regarding refund policies for individuals whose requests for accommodation are denied. (b) Whenever a test subject has received formal testing accommodations from a postsecondary educational institution  for a disability as defined in subdivision (j), (l), or (m) of Section 12926 of the Government Code  , the test sponsor of the Law School Admission Test shall provide accommodations to that test subject. (c) The test sponsor of the Law School Admission Test shall not notify a test score recipient that the score of any test subject was obtained by a subject who received accommodations under paragraph (1) of subdivision (a).  (d) This section shall not be construed to limit or replace any other right or remedy that exists under state or federal law.