PRINTER'S NO. 2558
No. 2024 Session of 1979
INTRODUCED BY COHEN, IRVIS, GREENFIELD, DiCARLO, POTT,
GIAMMARCO, DeWEESE, ITKIN, PISTELLA, BORSKI, PETRARCA, FEE,
YAHNER, RICHARDSON, KUKOVICH, SCHMITT, ALDEN AND WHITE,
NOVEMBER 28, 1979
REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 28, 1979
AN ACT
1 Providing for disclosure and reporting in relation to
2 standardized testing.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Definitions.
6 The following words and phrases when used in this act shall
7 have, unless the context clearly indicates otherwise, the
8 meanings given to them in this section:
9 "Secretary." The Secretary of Education.
10 "Standardized test" or "test." Any test that is given at the
11 expense of the test subject and designed for use or used in the
12 process of selection for post-secondary or professional school
13 admissions. Such tests shall include, but are not limited to,
14 the Preliminary Scholastic Aptitude Test, Scholastic Aptitude
15 Test, ACT Assessment, Graduate Record Examination, Medical
16 College Admission Test, Law School Admission Test, Dental
17 Admission Testing Program, Graduate Management Admission Test,
1 and Miller Analogies Test. The term shall not include any State,
2 Federal, or local civil service test, any test designed and used
3 solely for nonadmission placement or credit-by-examination, or
4 any test developed and administered by an individual school or
5 institution for its own purpose only.
6 "Test agency." Any organization, association, corporation,
7 partnership, or individual or person that develops, sponsors or
8 administers a test.
9 "Test subject." An individual to whom a test is
10 administered.
11 Section 2. Background reports and statistical data.
12 (a) Whenever any test agency prepares, causes to have
13 prepared or provides the data which are used in any study,
14 evaluation or statistical report pertaining to a test, such
15 study, evaluation or report shall be filed with the secretary.
16 (b) If any reports or other documents submitted pursuant to
17 this section contain information identifiable with any
18 individual test subject, such information shall be deleted or
19 obliterated prior to submission.
20 (c) All data, reports or other documents submitted pursuant
21 to this section shall be public records.
22 Section 3. Disclosure of test contents.
23 (a) Within 30 days after the results of any standardized
24 test are released, the test agency shall file or cause to be
25 filed in the office of the secretary:
26 (1) a copy of all test questions used in calculating the
27 test subject's raw score;
28 (2) the corresponding acceptable answers to those
29 questions; and
30 (3) all rules for transferring raw scores into those
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1 scores reported to the test subject together with an
2 explanation of such rules.
3 (b) After the test has been filed with the secretary, and
4 upon the request of the test subject, the test agency shall send
5 to the test subject:
6 (1) a copy of the test questions used in determining the
7 subject's raw score;
8 (2) the subject's individual answer sheet together with
9 a copy of the correct answer sheet to the same test with
10 questions counting toward the subject's raw score so marked;
11 and
12 (3) a statement of the raw score used to calculate the
13 scores already sent to the subject, provided that such
14 request has been made within 90 days of the release of the
15 test score to the test subject.
16 (c) The agency may charge a nominal fee for sending out such
17 information, not to exceed the direct cost of providing the
18 information.
19 (d) This section shall not apply to College Board
20 Achievement Tests or GRE Advanced Tests.
21 (e) Documents submitted to the secretary pursuant to this
22 section shall be public records.
23 Section 4. Notice.
24 (a) Each test agency shall provide, along with the
25 registration form for a test, the following information:
26 (1) The purposes for which the test is constructed and
27 is intended to be used.
28 (2) The subject matters included on such test and the
29 knowledge and skills which the test purports to measure.
30 (3) Statements designed to provide information for
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1 interpreting test results, including but not limited to
2 explanations of the test score scale, the standard error of
3 measurement of the test, and a list of available correlations
4 between test scores and grades, successful completion of a
5 course of study and parental income.
6 (4) How the test scores will be reported, whether the
7 raw test scores will be altered in any way before being
8 reported to the test subject and whether and how the test
9 agency will use the test score in raw or transformed form by
10 itself or together with any other information about the test
11 subject to predict in any way the subject's future academic
12 performance for any post-secondary educational institution.
13 (5) A complete description of any promises or covenants
14 that the test agency makes to the test subject with regard to
15 accuracy of scoring, timely forwarding of information,
16 policies for notifying test subjects regarding inaccuracies
17 in scoring or score reporting and privacy of information
18 relating to the test subject.
19 (6) Whether or not the test scores are the property of
20 the test subject, how long they will be retained by the test
21 agency, and policies regarding storage, disposal and future
22 use of test score data.
23 (b) Any institution which is a test score recipient shall be
24 provided with the information specified in this section. The
25 test agency shall provide such information prior to or
26 coincident with the first reporting of a test score or scores to
27 a recipient institution. Such institution shall be encouraged to
28 provide interpretive processing by qualified personnel where
29 such personnel are available.
30 Section 5. Disclosure of test scores.
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1 (a) The score of any test subject shall not be released or
2 disclosed by the test agency to any person, organization,
3 corporation association, college university, or governmental
4 agency or political subdivision unless specifically authorized
5 by the test subject. A test agency may, however, release all
6 previous scores received by a test subject on a test to anyone
7 designated by the test subject to receive the current score.
8 (b) This section shall not be construed to prohibit release
9 of scores and other information in the possession of a test
10 agency for purposes of research leading to studies and reports
11 concerning the test themselves. Such studies and reports must
12 contain no information identifiable with any individual test
13 subject.
14 Section 6. Regulations.
15 The secretary shall promulgate regulations to implement the
16 provisions of this act.
17 Section 7. Violations.
18 Any test agency which violates any section of this act shall
19 be liable for a civil penalty of not more than $500 for each
20 violation.
21 Section 8. Effective date.
22 This act shall take effect January 1, 1980.
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