California Education Code

§ 99157

EDC § 99157 Effective Jan 1, 2020Div. 14 · Title 3 · Part 65 · Ch. 3

Statute text

(a)Except for test administrations described in subdivision (d), the test sponsor shall provide to test subjects the test materials specified in subdivisions (b) and (c) for 50 percent of regular test administrations, as determined by the test sponsor, unless the application of 50 percent results in a number that includes a fraction, in which case the number shall be rounded down to the nearest whole number.

(b)Within 90 days of the release to the test subject of the results of a standardized test as specified in subdivision (a), 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.

(c)As an alternative to the procedure described in subdivision (b), 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, before the administration of a test, give written notification to the test subject of the test subject’s right to request and receive test disclosure as provided in this section.

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Legislative history

Amended by Stats. 2019, Ch. 288, Sec. 1. (AB 1234) Effective January 1, 2020.