AB 1971: Administration of standardized tests.

The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to opt out of the selling or sharing of personal information about the consumer to third parties. Additionally, the CCPA prohibits a business from selling or sharing the personal information of a consumer if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of a consumer at least 13 years of age and less than 16 years of age, or the consumers parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sale or sharing of the consumers personal information.

The Student Online Personal Information Protection Act (SOPIPA) prohibits an operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K12 school purposes and was designed and marketed for K12 school purposes from knowingly engaging in certain activities with respect to the operators site, service, or application, including selling a students information, including covered information, as defined, or using information, including persistent unique identifiers, created or gathered by the operators site, service, or application, to amass a profile about a K12 student except in furtherance of K12 school purposes.

This bill would prohibit a national assessment provider, as defined, from knowingly doing certain things with respect to its administration of, or publishing or distributing the scores with respect to, a standardized test, including selling personal information provided by an individual, or the individuals 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, except as prescribed. The bill would define standardized test to mean a test administered in California at the expense of the test subject that is, among other things, not a test administered for K12 purposes, as described above.