California Assembly Bill AB928 Amended / Bill

 BILL NUMBER: AB 928AMENDED BILL TEXT AMENDED IN SENATE JULY 10, 2013 AMENDED IN ASSEMBLY MAY 14, 2013 INTRODUCED BY Assembly Member Olsen FEBRUARY 22, 2013 An act to add Chapter 11 (commencing with Section 60910) to Part 33 of Division 4 of Title 2 of the Education Code, relating to standardized  tests.   assessments.  LEGISLATIVE COUNSEL'S DIGEST AB 928, as amended, Olsen. Standardized  tests   assessments  : sale to private schools or private school organizations. Existing law requires the Superintendent of Public Instruction to  provide for the development of an assessment instrument, to be called the California Standards Tests, that measures the degree to which pupils are achieving the academically rigorous   design and implement a statewide pupil assessment program based on  content standards and performance standards  , to the extent standards have been  adopted by the State Board of Education.  Existing law establishes the Standardized Testing and Reporting Program, which includes various   assessments, such as the California Standards Tests.  Existing law requires, in approving a contract for the development or administration of the California Standards Tests, the state board to consider certain things, including the ability of the contractor to produce valid, reliable individual pupil scores. Existing law requires test publishers to agree in writing to meet certain requirements, including the requirement that the tests be aligned to the academically rigorous content and performance standards adopted by the state board. Existing law authorizes the State Department of Education to develop the contract through negotiations with the publisher.  Existing law makes those provisions inoperative on July 1, 2014, and repeals them on January 1, 2015.  This bill would allow standardized  tests   assessments  created for use in California public schools in kindergarten and grades 1 to 12, inclusive, to be available for purchase by a private school or a private school organization  that has a certain affidavit or statement on file with the Superintendent,  to the extent that the purchase would not violate the terms of any contract entered into between the publisher  or vendor  of the  test   assessment  and the State of California. The bill would require a private school or private school organization that chooses to purchase a standardized  test   assessment to be responsible for the costs associated with the  test,   assessment,  including administration costs, and to obtain a surety bond, as provided. The bill would require the Superintendent to determine the principal sum of the bond, as provided. The bill would require the private school or private school organization that chooses to purchase and administer a standardized  test   assessment to make the results of the  test   assessment  available to the public on its Internet Web site and to the department for posting on its Internet Web site. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 11 (commencing with Section 60910) is added to Part 33 of Division 4 of Title 2 of the Education Code, to read: CHAPTER 11. SALE OF STANDARDIZED  TESTING   ASSESSMENT  MATERIALS 60910. (a) Standardized  tests   assessments  created for use in kindergarten and grades 1 to 12, inclusive, in the state's public schools, including  tests   assessments  required pursuant to Chapter 5 (commencing with Section 60600), shall be available for purchase by a private school or private school organization, to the extent that the purchase would not violate the terms of any contract entered into between the publisher  or vendor  of the  test   assessment  and the State of California. (b) If a private school or private school organization chooses to purchase a standardized  test   assessment  pursuant to subdivision (a), the private school or private school organization shall be responsible for all costs associated with the  test,   assessment,  including administering the  test,   assessment,  training, posting  test   assessment  results on the department's Internet Web site, and security costs, and shall obtain a surety bond issued by a surety company admitted to do business in this state. The principal sum of the bond shall be determined by the Superintendent but shall not exceed one million dollars ($1,000,000). The bond shall be in favor of and payable to the people of the State of California when a breach of security has compromised the validity or the reliability, or both, of the  test,   assessment,  the  test   assessment  items, or the  test   assessment  scale. (c) A private school or private school organization that chooses to purchase and administer a standardized  test   assessment  pursuant to subdivision (a) shall make the results of that  test   assessment  available to the public on its Internet Web site and to the department for posting on its Internet Web site.  (d) The purchase of a standardized assessment under this section is available only to a private school or entity that has a current affidavit or statement on file with the Superintendent in accordance with Section 33190.