Assigned to ED & JUD                                                                               AS PASSED BY THE SENATE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1096

 

hazing; educational institutions; prohibition

(NOW:  nationally standardized tests; public view)

 

Purpose

 

Exempts from public records law any nationally standardized test administered to pupils in Arizona under specified conditions, and requires the State Board of Education to adopt rules to allow parents and the general public to view the state’s nationally standardized test.

 

Background

 

State law requires the State Board of Education to adopt and implement a nationally standardized norm-referenced achievement test that measures skills in the subject areas of reading, language arts and mathematics.  Nationally standardized norm-referenced achievement tests are designed to measure student performance compared to students in the same grade in other states. Currently, Arizona administers the nationally norm-referenced Stanford 9 achievement test. 

 

While the State Board of Education has adopted a policy relating to the public viewing of the state’s criterion-referenced Arizona Instrument to Measure Standards (AIMS) test, the adopted rules relating to the Stanford 9 test do not specifically address public viewing requirements.  S.B. 1096 requires the State Board of Education to adopt such rules. 

 

Additionally, the bill exempts the Stanford 9 and other nationally standardized student tests and related materials administered in the state from being subject to public records laws.  States such as Georgia, Mississippi, Arkansas and Kentucky have similar state regulations related to public viewing exemptions of nationally norm-referenced achievement tests.  

 

There is no discernable fiscal impact to the state general fund associated with this bill.    

 

Provisions

 

1.      Exempts from public records laws a nationally standardized student test administered to pupils in Arizona and specified documentation or materials related to the test, if the test is both copyrighted and will be deprived of value if the test content is known to pupils before administration of the test. 

 

2.      Requires the State Board of Education to adopt rules that allow parents of pupils and the general public to view the statewide nationally standardized norm-referenced test.

 

(a)   Requires the rules to include procedures that prohibit pupils from viewing the test and the secure form of the test before the test is administered to those pupils.

(b)   Requires the rules to prohibit the duplication or photocopying of both the nationally standardized norm-referenced test or the secure form of that test. 

(c)   Requires the rules to prohibit any other activities that violate the copyright protection afforded by federal law to the copyright holders of both the tests and related testing materials.

 

3.      Makes technical and clarifying changes.

 

4.      Provides for a general effective date.

 

Amendments Adopted by the Education Committee

 

1.      Adopted the strike everything amendment.

 

2.      Makes technical and clarifying changes.

 

Amendments Adopted by the Judiciary Committee

 

1.      Changes hazing from a class 6 felony to a class 3 misdemeanor.

 

2.      Specifies that activities necessary for the athletic training of school teams are not considered hazing or activities condoned by the school.

 

3.      Clarifies that constitutionally protected activities are not considered hazing.

 

4.      Makes technical, conforming and clarifying changes.

 

Amendments Adopted by Committee of the Whole

 

1.      Withdrew the Judiciary Committee amendment.

 

2.      Adopted the Education Committee amendment.

 

Senate Action

 

JUD                 2/13/01       DPA         6-2-0-0

ED                   3/8/01         DPA/SE    6-0-2-0

3rd Read           3/20/01                        30-0-0-0

 

 

Prepared by Senate Staff

March 22, 2001