PRINTER'S NO. 1553
No. 1304 Session of 1985
INTRODUCED BY RICHARDSON AND COHEN, JUNE 3, 1985
REFERRED TO COMMITTEE ON EDUCATION, JUNE 3, 1985
AN ACT
1 Relating to the openness of standardized tests used for
2 occupational licensing; and imposing powers and duties on the
3 Department of Education.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Truth in
8 Occupational Testing Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Education of the
14 Commonwealth.
15 "Standardized test" or "test." Any form of a test given at
16 the expense of the test subject which is machine scored and is
17 designed for use or used in the process of occupational
18 licensing and certification. The term includes all preliminary
1 or preparatory tests. The term does not include any local, State
2 or Federal civil service test, any test designed and used solely
3 for nonadmission placement or credit or any test administered by
4 an individual institution solely for its own purposes.
5 "Test agency." Any organization, association, corporation,
6 partnership or individual who develops, sponsors or administers
7 a test. The term does not include any organization, association,
8 corporation, partnership or individual that solely provides
9 space or proctoring services for the administration of a test.
10 "Test results" or "test scores." The evaluation of the
11 performance of a test subject on a test, as determined by the
12 test agency.
13 "Test subject." Any individual to whom a test is
14 administered in this Commonwealth.
15 Section 3. Filing materials relating to tests.
16 The test agency shall file or cause to be filed with the
17 department a copy of any study, evaluation or report that
18 pertains to the reliability, validity, bias, standard deviation
19 or any other quality of a test administered in this
20 Commonwealth. If any material submitted contains any information
21 identifiable with an individual test subject, that information
22 shall be expunged from the material prior to submission. All
23 materials submitted shall be a matter of public record.
24 Section 4. Submission to department of test materials.
25 (a) Contents of submission.--Within 30 days after the
26 results of any test have been released, the test agency shall
27 submit to the department:
28 (1) A copy of all test questions used in computing the
29 raw score of the test subject.
30 (2) A copy of the corresponding acceptable answers.
19850H1304B1553 - 2 -
1 (3) All rules used to transfer raw scores into those
2 scores reported to the test subjects, together with an
3 explanation of the rules.
4 (b) Public record.--All information submitted shall be a
5 matter of public record.
6 Section 5. Information for test subject.
7 (a) General rule.--After the test has been filed with the
8 department and upon the request of a test subject, tendered
9 within 90 days after the test results have been released, the
10 test agency shall send to the test subject:
11 (1) A copy of the test questions used to determine the
12 raw score of the test subject.
13 (2) A copy of the individual answer sheet of the test
14 subject, together with a copy of the acceptable answers to
15 that test with the questions used to determine the raw score
16 of the test subject appropriately marked.
17 (3) A statement of the raw score used to calculate the
18 test results already received by the test subject, together
19 with the rules used for transforming the raw score into the
20 reported test results.
21 (b) Denial of request.--A test agency may deny a request
22 from a test subject received more than 90 days after the test
23 results have been released to the test subject.
24 (c) Fee.--The test agency may charge a nominal fee for the
25 processing of the information, not to exceed the actual cost of
26 processing.
27 Section 6. Information for prospective test subject.
28 A test agency shall furnish a prospective test subject the
29 following information attached to the registration form:
30 (1) The purpose for which the test is constructed,
19850H1304B1553 - 3 -
1 together with the subject matter of the test and the
2 knowledge and skills the test purports to measure.
3 (2) Statements in clear, nontechnical language designed
4 to facilitate the understanding by the test subject of the
5 methods of reporting test results and the rules for
6 transforming and interpreting the raw scores into the test
7 results received by the test subject, including the
8 reliability and standard error of measurement of the test and
9 the predictive validity of the test including correlations
10 between test scores and the future work performance of the
11 test subject.
12 (3) A complete description of any promises or covenants
13 that the test agency makes to the test subject with regard to
14 accuracy of scoring, timely forwarding of information,
15 policies for notifying the test subject regarding
16 inaccuracies in scoring or score reporting and privacy of
17 information relating to the test subject.
18 (4) Statements in regard to whether or not the test
19 results are the property of the test subject, the length of
20 time the test agency will retain the individual results of
21 the test subject and the policies regarding storage, disposal
22 and future use of test result data.
23 (5) A complete description of the opportunity of the
24 test subject to request information pursuant to section 5,
25 together with the amount of the fee charged for this
26 material.
27 Section 7. Confidentiality.
28 Unless specifically authorized by the test subject, or the
29 parent or guardian if the test subject is a minor, the test
30 agency shall not release or disclose the test results of any
19850H1304B1553 - 4 -
1 test subject to any person, organization, corporation,
2 association, college, university or governmental agency or
3 subdivision. A test agency may, however, release all previous
4 results received by a test subject on a test to anyone
5 designated by the test subject to receive the current results.
6 This section shall not be construed to prohibit the release of
7 test results and other information in possession of the test
8 agency for the purposes of research leading to studies and
9 reports concerning the tests themselves. Any information
10 directly identifiable with any individual test subject shall be
11 expunged from the material prior to its disclosure.
12 Section 8. Regulations.
13 The department shall, in the manner provided by law,
14 promulgate regulations to implement this act.
15 Section 9. Penalty.
16 Any test agency which violates this act commits a summary
17 offense and shall, upon conviction, be sentenced to pay a fine
18 of $300 for each violation.
19 Section 10. Effective date.
20 This act shall take effect in 60 days.
L20L24DGS/19850H1304B1553 - 5 -