State of Illinois
90th General Assembly

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      215 ILCS 5/494.2          from Ch. 73, par. 1065.41-2
          Amends  the  Illinois  Insurance  Code.    Requires   the
      analysis of data collected regarding the scoring of insurance
      producer  examinations  to  be performed with the methodology
      recommended in the Final Report  of  the  Illinois  Insurance
      Producer's  Licensing  Examination  Advisory  Committee dated
      November 19, 1991.  Removes the authority of the Director  of
      Insurance to select a different methodology.
 1        AN  ACT  to amend the Illinois Insurance Code by changing
 2    Section 494.2.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Insurance  Code is amended by
 6    changing Section 494.2 as follows:
 7        (215 ILCS 5/494.2) (from Ch. 73, par. 1065.41-2)
 8        Sec. 494.2.  Insurance producers; examination statistics.
 9        (a)  The  use  of  examinations  for   the   purpose   of
10    determining  qualifications  of  persons  to  be  licensed as
11    insurance producers has a direct and far-reaching  effect  on
12    persons seeking such licenses, on insurance companies, and on
13    the public.  It is in the public interest and it will further
14    the  public  welfare  to  insure  that  such examinations for
15    licensing not have the effect  of  unlawfully  discriminating
16    against  applicants  for  licensing as insurance producers on
17    the basis of race, color, national origin, or sex.
18        (b)  As used in this Section, the  following  words  have
19    the meanings ascribed herein.
20        Examination.  "Examination" means the examination in each
21    line  of  insurance administered pursuant to Section 494.1 of
22    this Code.
23        Examinee.  "Examinee" means  each  person  who  takes  an
24    examination.
25        Part.   "Part"  means  each portion of an examination for
26    which a score is calculated.
27        Operational  item.   "Operational  item"  means  a   test
28    question considered in determining an examinee's score.
29        Test  form.   "Test  form"  means  the  test  booklet  or
30    instrument used for each part of each examination.
31        Pretest  item.   "Pretest  item" means a prospective test
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 1    question which is included in a test form in order to  assess
 2    its  performance,  but which is not considered in determining
 3    an examinee's score.
 4        Minority  group  or  examinees.   "Minority   group"   or
 5    "minority examinees" means African American, American Indian,
 6    Asian, and Hispanic examinees.
 7        Correct-answer  rate.   "Correct-answer rate" for an item
 8    means the number of examinees who provided the correct answer
 9    on an item divided by the number of  examinees  who  answered
10    the item.
11        Correlation.   "Correlation"  means a statistical measure
12    of the  relationship  between  performance  on  an  item  and
13    performance on a part of the examination.
14        (c)  The  Director shall ask each examinee to self-report
15    on a voluntary basis on the answer sheet,  application  form,
16    or by other appropriate means, the following information:
17             (1)  race  or  ethnicity  (African  American; white;
18        American Indian; Asian; Hispanic; or other);
19             (2)  education (8th grade or less;  less  than  12th
20        grade;  high  school diploma or G.E.D.; some college, but
21        no 4 year degree; or 4 year degree or more); and
22             (3)  sex (male or female).
23        The Director shall advise all examinees that they are not
24    required to provide such information, that they will  not  be
25    penalized  for  not  doing so, and that the Director will use
26    the  information  provided  exclusively  for   research   and
27    statistical  purposes and to improve the quality and fairness
28    of the examinations.
29        (d)  No later than May 1, 1993, and no later than  May  1
30    of each year thereafter, the Director shall prepare, publicly
31    announce,  and  publish  an  Examination  Report  of  summary
32    statistical   information   relating   to   each  examination
33    administered  during  the  preceding  calendar  year.    Each
34    Examination   Report   shall   show   with  respect  to  each
                            -3-                LRB9007344JSgc
 1    examination:
 2             (1)  For all examinees combined  and  separately  by
 3        race  or  ethnicity,  by  educational  level,  by sex, by
 4        educational level within race or ethnicity, by  education
 5        level within sex, and by race or ethnicity within sex:
 6                  (A)  number of examinees;
 7                  (B)  percentage  and  number  of  examinees who
 8             passed each part;
 9                  (C)  percentage and  number  of  examinees  who
10             passed all parts;
11                  (D)  mean scaled scores on each part; and
12                  (E)  standard  deviation  of  scaled  scores on
13             each part.
14             (2)  For male examinees, female  examinees,  African
15        American  examinees,  white  examinees,  American  Indian
16        examinees,   Asian  examinees,  and  Hispanic  examinees,
17        respectively, with a high school diploma or  G.E.D.,  the
18        distribution of scaled scores on each part.
19        No  later  than  May  1, 1993, and no later than May 1 of
20    each year thereafter, the Director  shall  prepare  and  make
21    available  on  request  an Item Report of summary statistical
22    information relating to each operational item  on  each  test
23    form  administered  during  the preceding calendar year. Each
24    Item Report shall show, for each operational  item,  for  all
25    examinees   combined  and  separately  for  African  American
26    examinees, white examinees, American Indian examinees,  Asian
27    examinees,  Hispanic  examinees,  and  other  examinees,  the
28    correct-answer rates and correlations.
29        The  Director  shall  not  be required to report separate
30    statistical information for any group or subgroup  comprising
31    fewer than 50 examinees.
32        (e)  The  Director shall obtain a regular analysis of the
33    data collected under this Section,  and  any  other  relevant
34    information,  for  purposes  of  the  development of new test
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 1    forms. Any such analysis shall continue the implementation of
 2    the item selection methodology as recommended  in  the  Final
 3    Report   of   the  Illinois  Insurance  Producer's  Licensing
 4    Examination Advisory Committee dated November 19,  1991,  and
 5    filed  with  the  Department unless some other methodology is
 6    determined by the Director to be as effective  in  minimizing
 7    differences  between  white  and  minority examinee pass-fail
 8    rates.
 9        (f)  The Director has the discretion to set cutoff scores
10    for the examinations, provided that  scaled  scores  on  test
11    forms   administered  after  July  1,  1993,  shall  be  made
12    comparable to scaled scores on  test  forms  administered  in
13    1991  by  use  of  professionally acceptable methods so as to
14    minimize changes in passing rates related to the presence  or
15    absence  of  or  changes  in equating or scaling equations or
16    methods or content outlines. Each calendar year,  the  scaled
17    cutoff   score  for  each  part  of  each  examination  shall
18    fluctuate by no more than the standard error  of  measurement
19    from  the  scaled  cutoff score employed during the preceding
20    year.
21        (g)  No later than May 1, 1995, and no later than  May  1
22    of  every  fourth year thereafter, the Director shall release
23    to the public and make generally available one representative
24    test form and set of  answer  keys  for  each  part  of  each
25    examination.
26        (h)  The Director shall maintain, for a period of 3 years
27    after then are prepared or used, all registration forms, test
28    forms,  answer  sheets,  operational items and pretest items,
29    item analyses, and other statistical analyses relating to the
30    examinations. All personal identifying information  regarding
31    examinees  and  the content of test items shall be maintained
32    confidentially as necessary for purposes  of  protecting  the
33    personal  privacy  of  examinees  and the maintenance of test
34    security.
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 1        (i)  In  administering  the  examinations,  the  Director
 2    shall make such accommodations for disabled examinees as  are
 3    reasonably  warranted  by the particular disability involved,
 4    including the provision of additional time  if  necessary  to
 5    complete  an  examination  or special assistance in taking an
 6    examination.
 7    (Source: P.A. 87-1216.)

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