Section 99159 Of Chapter 3. Standardized Tests From California Education Code >> Division 14. >> Title 3. >> Part 65. >> Chapter 3.
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.