California Senate Bill SB915 Amended / Bill

 BILL NUMBER: SB 915AMENDED BILL TEXT AMENDED IN SENATE APRIL 21, 2014 INTRODUCED BY  Senators   Hill     and Yee   Senator   Hill  (Coauthor: Assembly Member Mullin) JANUARY 27, 2014 An act to  amend Section 99160 of   add Section 99160.5 to  the Education Code, relating to standardized testing. LEGISLATIVE COUNSEL'S DIGEST SB 915, as amended, Hill. Standardized testing:  cancellation or invalidation of test scores.   inadequate or improper test conditions.  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,   relating to an administration of the Advanced Placement test,  the  testing   test  agency to  conduct an immediate   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  testing   test  agency determines that the  testing irregularity is a sufficient cause for the cancellation of the   inadequate or improper test conditions will prevent it from reporting valid  test scores, the bill would require the  testing agency   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  original test date.   completion of the investigation.  The bill would require  a testing agency to require  test proctors  of an administration of the Advanced Placement test  to create a seating chart, including the seat location of each test subject, for each  Advanced Placement  test administered  by the testing agency.   at the test site.  The bill would further require  a testing agency   the school in charge of the test site  to retain and preserve each such seating chart for at least 2 years 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.  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 99160.5 is added to the   Education Code   , to read:   99160.5. (a) The test agency shall immediately initiate an investigation upon learning of a complaint or a notice of inadequate or improper test conditions relating to an administration of the Advanced Placement test. In order to expedite the investigation and ensure a timely resolution, the school in charge of the test site shall cooperate with the test agency's investigation by providing information requested by the test agency within seven calendar days. If the test agency determines that the inadequate or improper test conditions will prevent it from reporting valid test scores, the school in charge of the test site shall provide all affected test subjects with at least five business days' prior notice of an opportunity to retest. That retest shall be administered within 30 calendar days of the completion of the investigation. (b) Test proctors of an administration of the Advanced Placement test shall create a seating chart, including the seat location of each test subject, for each Advanced Placement test administered at the test site. The test agency shall provide seating chart templates for use by each test site. The school in charge of the test site shall retain and preserve each seating chart created pursuant to this subdivision for at least two years after the administration of the Advanced Placement test to which that seating chart applies. The school in charge of the test site shall 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.   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 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 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. (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.