National Assessment Providers - Special Business Regulations - Business & Professions - CA

Section § 22585.5

This law defines key terms related to standardized testing in California. 'Covered information' refers to personal details given by an individual or their guardian to a test provider for scoring or administering a standardized test. A 'national assessment provider' is any entity that creates or runs standardized tests. 'Standardized test' refers to exams given for college admissions or placement, but not K-12 tests. 'Personal information' has the same definition as another state law.

For purposes of this chapter:

(a) “Covered information” means personal information provided by an individual, or the individual’s parent or legal guardian, to a national assessment provider for the purposes of administering, or publishing or distributing the scores with respect to, a standardized test.

(b) “National assessment provider” means a person that develops, sponsors, or administers standardized tests.

(d)

(1) “Standardized test” means a test administered in California at the expense of the test subject that meets either of the following criteria:

(A) The test is used for the purposes of admission to, or class placement in, postsecondary educational institutions or their programs.

(B) The test is used for preliminary preparation for a test described in subparagraph (A).

(2) “Standardized test” does not mean a test administered for K–12 purposes, as defined in Section 22584.

covered information personal information national assessment provider

Section § 22585.6

This law says that national assessment providers (like companies that give standardized tests) can't sell or share personal information from test-takers, also known as "covered information," unless specific exceptions apply. They can sell the information if they're acquired by another entity that follows the same rules or if it's to certain educational or government organizations—if the person, or their guardian, agrees. They can share the information only for specific purposes, like furthering educational opportunities, complying with laws, or ensuring safety, and they must have consent unless it's an emergency or required by law. These providers are also required to protect the information with strong security measures. If this law conflicts with another, the one providing greater privacy protection prevails.

(a) A national assessment provider shall not knowingly do any of the following with respect to its administration of, or publishing or distributing the scores with respect to, a standardized test:

(1)

(A) Except as provided in subparagraph (B), sell covered information.

(B) A national assessment provider may sell covered information if either of the following apply:

(i) The sale is incident to the purchase, merger, or other type of acquisition of a national assessment provider by another entity, if that entity complies with this chapter as if it were a national assessment provider.

(ii)

(I) The sale is to colleges, universities, financial aid and scholarship agencies, government agencies, and organizations that offer educational, community involvement, extracurricular, and career opportunities products and services solely to provide access to employment, educational scholarships or financial aid, or educational opportunities.

(II) This clause applies only if the individual, or the individual’s parent or legal guardian, identified by the covered information expressly consented to the sale of the covered information.

(2) Disclose covered information to a third party, including, but not limited to, social media providers through cookies, pixels, or similar tracking technologies on the national assessment provider’s internet website.

(3) Disclose covered information unless any of the following is true:

(A)

(i) The disclosure is made in furtherance of the purposes of the standardized test, including, but not limited to, disclosure to postsecondary institutions, scholarship providers, or government agencies for the purpose of an individual’s admission, course credit, or placement in an institution or facilitating an individual’s eligibility for recognition, a scholarship, or financial aid.

(ii) This subparagraph applies only if the individual identified by the covered information expressly consented to the disclosure, and the recipient of the covered information agreed not to further disclose the information without the consent of the individual or as required by law.

(B) The disclosure is made to ensure legal and regulatory compliance.

(D) The disclosure is made to protect personal safety or the safety of others.

(E) The disclosure is made to a service provider if a national assessment provider contractually does all of the following:

(i) Prohibits the service provider from using any covered information for a purpose other than providing the contracted service to, or on behalf of, the national assessment provider.

(ii) Prohibits the service provider from disclosing any covered information provided by the national assessment provider to other third parties.

(iii) Requires the service provider to implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure.

(F) The disclosure is made for legitimate research purposes required by state or federal law.

(G) The disclosure is made to a state or local educational agency, including a school or school district.

(H) The disclosure is made to a parent or legal guardian of the individual identified by the covered information if that individual is under the age of 18.

(b) This section does not prohibit a national assessment provider from using covered information for maintaining, developing, supporting, improving, or diagnosing the national assessment provider’s programs and services.

(c) A national assessment provider shall implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure.

(d) If there is a conflict between any other law, including the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code) and this chapter, the law that affords the greatest protection of the right of privacy shall control.

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Special Business Regulations

Special Business Regulations 18400-22949.92.2National Assessment Providers

Section § 22585.5

Section § 22585.6

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