SECTIONS 99150-99164 - California Statutes

EDUCATION CODE

SECTION 99150-99164

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 the basis
on which the test subject has been scored.
(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.

99151. (a) "Admissions data assembly service" means any summary or
report of grades, grade point averages, standardized test scores, or
any combination of grades and test scores, of a test subject used by
any test score recipient.
(b) "Commission" means the California Postsecondary Education
Commission.
(c) "Standardized test" or "test" means any test administered in
California at the expense of the test subject which is used for the
purposes of admission to, or class placement in, postsecondary
educational institutions or their programs, or any test used for
preliminary preparation for those tests.
"Standardized test" or "test" includes, but is not limited to, the
Preliminary Scholastic Aptitude Test, the Scholastic Aptitude Test,
the College Board Achievement Tests and Advanced Placement Tests, the
ACT Assessment, the Graduate Record Examination, the Medical College
Admission Test, the Law School Admission Test, the Dental Admission
Testing Program, the Graduate Management Admission Test, and the
Miller Analogies Test.
The standardized test does not include a test, or part of a test,
which has been in use for less than five years, or which is
administered to a selected group of individuals principally for
research, pre-test, equating, guidance, counseling, or for the
purposes of meeting graduation requirements of secondary schools and
postsecondary educational institutions.
Tests which are administered as supplements or auxiliaries to
another test, or which form a specialized component of a test, may be
combined for the purposes of this chapter.
(d) "Secure test" means any test which contains items not
available to the public and which, to allow the further use of test
items and to protect the validity and reliability of the test, is
subject to special security procedures in its publication,
distribution, and administration.
(e) "Test subject" or "subject" means an individual who takes a
standardized test.
(f) "Test sponsor" or "test agency" means an individual,
partnership, corporation, association, company, firm, institution,
society, trust, or joint stock company which develops, sponsors, or
administers standardized tests.
(g) "Testing year" means the 12 calendar months which the test
agency considers either its operational cycle or its fiscal year.
(h) "Test score" or "score" means the value given to the test
subject's performance on a standardized test, administered by the
test agency, whether reported in numerical, percentile, or any other
form.
(i) "Test score recipient" means any person, organization,
association, corporation, postsecondary education institution, or
governmental agency or subdivision to which the test subject requests
or designates that a test agency report a test score.
(j) "Score reporting service" means the reporting of a test
subject's standardized score to a test score recipient by a test
agency.
(k) "Test preparation course" means any curriculum, course of
study, plan of instruction, or method of preparation given for a fee
which is specifically designed or constructed to prepare or improve a
test subject's score on a standardized test.
(l) "Test program" means all of the administrations of a test of
the same name during a testing year.

99152. Each test sponsor shall report the closing date of its
testing year to the commission by February 1, 1985, or within 90 days
after it first becomes a test sponsor, whichever is later. Each test
sponsor shall report any change in the closing date of its testing
year within 90 days after the change.

99153. On or before November 15 of each year, the test sponsor
shall submit to the commission all of the following data and
information:
(a) Three copies of each version of the test which 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 that method.
(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
once, who have taken it twice, and who have taken it more than twice
during the testing year.
(d) The total number of test subjects who registered for, but did
not take, the test.
(e) The total amount of fees received from test subjects by the
test agency for the test for that testing year.
(f) The expenses to the test sponsor of the test, as follows:
(1) Those expenses which are directly attributable to the test.
(2) 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.
(g) A copy of all documents, pamphlets, and literature provided to
the test subject and the test score recipient.
(h) Where applicable, the national average test scores, state
average test scores, the standard error of measurement, 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.
(i) 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.
(j) Using available data, the racial, ethnic, and sex breakdown of
all test subjects taking each test during the testing year.
(k) If a separate fee is charged 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.
(l) The test sponsor shall also supply to the commission any other
information mutually identified by the commission 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.
(m) This section shall not be construed to require any test agency
to submit to the commission 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 commission
pursuant to this section.
(n) 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.

99154. (a) Within 90 days of the close of each testing year, the
test sponsor shall file with the commission 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 commission 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 prior to the testing year, and which are appropriate to the
particular test and its uses.
(b) Data, reports, or other documents submitted pursuant to this
section shall be accompanied by a description of the test, including,
but not limited to, the title, purpose or purposes of the test, and
when and where the test was administered in the state.
(c) Data, reports, or other documents submitted pursuant to this
chapter shall not contain information in a form identifiable with
individuals or particular postsecondary educational institutions.

99156. A test agency shall prepare a clear, easily understandable
written description of each standardized test it administers. A copy
of the appropriate description shall be provided to the test subject
or the test score recipient prior to the administration of the test
or coinciding with the initial reporting of a test score. The
description shall include all of the following information:
(a) The purposes for which the test is constructed and intended to
be used.
(b) For those tests used to predict performance, the subject
matter included on these tests and the knowledge and skills that the
test purports to measure.
(c) Statements designed to provide information for interpreting
the test scores, including the explanations of the test, the standard
error of measurement, and for those tests used to predict
performance, the correlation between test score and performance.
(d) Statements concerning the effects and uses of test scores,
including both of the following:
(1) If the test score is used by itself or with other information
to predict future grade point average, a summary of existing data on
the extent to which the use of this test score will improve the
accuracy of predicting future grade point average, over and above all
other information used.
(2) A summary of existing data on the extent to which the
improvement in test scores results from test preparation courses.
(e) A description of the form in which test scores will be
reported, and whether the raw test scores will be altered in any way
before being reported to the test subject.
(f) A complete description of any promises or covenants that the
test agency makes to the test subject with regard to any of the
following matters:
(1) The accuracy of scoring.
(2) The time period within which the test subject's score will be
reported to the test subject and to the test score recipients.
(3) The privacy of information relating to the test subject,
including his or her test scores.
(g) The property interest in the test score held by the test
subject, if any.
(h) The period of time the test agency will retain the test score,
and the test agency's policies regarding the storage, disposal, and
future use of test scores.
(i) A description of all special services that will be provided at
the location of the test administration to accommodate handicapped
or disabled test subjects.
(j) The policies and procedures of the test agency when there is a
delay in reporting the test scores pursuant to Section 99158.
(k) A representative set of sample test items.
(l) The fees to be charged by the test sponsor for various
services made available to the test subject.
(m) Each test agency shall comply with the requirements of this
section beginning with the start of its testing year that begins
after January 1, 1985.

99157. (a) Within 90 days of the release to the test subject of the
results of a standardized test as specified in subdivision (c), 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.
(b) As an alternative to the procedure described in subdivision
(a), 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, prior to the administration of a test,
give written notification to the test subject of his or her right to
request and receive test disclosure as provided in this section.
(c) Except for test administrations described in subdivision (d),
the test sponsor shall provide to test subjects the test materials
specified in subdivisions (a) and (b) 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 which includes a
fraction, the number shall be rounded to the nearest larger whole
number.
(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 (a) and (b) 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, prior to 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.

99158. If the test agency will be delayed in reporting a test
subject's score for a time period amounting to 10 calendar days
beyond the period specified in paragraph (2) of subdivision (f) of
Section 99156, the test agency shall notify the test subject
immediately. The notice shall indicate the reasons for delay,
including, but not limited to, incorrect, incomplete, or inconsistent
personal identifying information furnished by a test subject.

99159. (a) Whenever a test agency is presented with information
which renders the test subject's test score suspect, whether that
information is in the form of allegations of collusion or cheating,
or irregular test administration, or irregular statistical data, or
any other form, the test agency is responsible for reviewing the
information and determining if withholding the test subject's score
is warranted.
(b) If the test agency determines that withholding the test
subject's score is warranted, the test agency shall give the test
subject written notice of the test agency's decision. The notice
shall be sent by registered mail not later than five working days
after the test agency's decision.
(c) The notice to the test subject shall include all of the
following:
(1) A complete summary of the information submitted to the test
agency and relied upon by the test agency to withhold the score.
(2) A complete summary of the pertinent facts surrounding the
investigation.
(3) A statement of the test subject's right to receive, upon
request, details supporting complete summaries referred to in
paragraphs (1) and (2).
(4) The policies and procedures that were followed by the test
agency in reviewing and rendering a decision to withhold the test
score.
(5) The potential consequences which may result from the
investigation, such as withholding or invalidating the test scores.
(6) A summary of the information that may be submitted to the test
agency by the test subject to support the authenticity of the test
score.
(7) A statement informing the test subject that the opportunity to
respond to the notice will be afforded for not more than 15 working
days following the date the notice was delivered. No final decision
on the question of suspected irregularity or inauthenticity shall be
rendered by the test agency until the test subject under
investigation has responded, or the time for doing so has expired,
whichever occurs first.
(d) After the time period specified in paragraph (7) of
subdivision (c) has expired, the test agency shall review all of the
evidence and shall render a decision regarding the authenticity of
the score.
No test agency shall cancel or invalidate a test subject's test
scores on the basis of an alleged irregularity or inauthenticity
unless, after all evidence has been considered by the test agency,
substantial evidence resulting from an investigation conducted
pursuant to this section supports the cancellation or invalidation.

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 irreguarity 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 natural disasters, national emergencies, inadequate
or improper test conditions, answer sheet printing errors, or testing
agency errors.
(g) 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.

99161. (a) No test agency shall release or disclose any test score
identifiable with any individual test subject, in any form
whatsoever, to any test score recipient, unless the agency is
specifically authorized by the test subject to release that test
score to the recipient. A test agency may, however, release all
scores received by a test subject on a test to anyone designated by
the test subject to receive the test score.
(b) A test agency may release test scores and other information in
a form which does not identify any individual test subject for
purposes of research, studies, and reports primarily concerning the
test itself.

99162. Any information or report required to be submitted to the
commission pursuant to this chapter shall be public record subject to
disclosure under the provisions of Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code.
Nothing in this section shall be construed to diminish or
authorize the infringement of any rights protected by law relating to
copyright, to the protection of trade secrets, or other proprietary
rights.

99163. Any test sponsor who intentionally violates any provision of
this chapter shall be liable for a civil penalty not to exceed seven
hundred fifty dollars ($750) for each violation.

99164. If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, the invalidity shall
not affect other provisions or applications of the chapter which can
be given effect without the invalid provision or application, and to
this end the provisions of this chapter are severable.