2013 New York Consolidated Laws
EDN - Education
Title 1 - GENERAL PROVISIONS
Article 7-A - (340 - 348) STANDARDIZED TESTING
342 - Disclosure of test contents.

 
    § 342. Disclosure  of  test  contents. 1. Within thirty days after the
  results of any standardized test are released,  the  test  agency  shall
  file or cause to be filed with the commissioner:
    a. a copy of all test questions used in calculating the test subject's
  raw score;
    b. the corresponding acceptable answers to those questions; and
    c.  all  rules for converting raw scores into those scores reported to
  the test subject together with an explanation of such rules.
    2. Within ninety days after filing a  standardized  test  pursuant  to
  subdivision one of this section and for a period of not less than ninety
  days  after the offer is made, the test agency shall provide to the test
  subject the opportunity to secure:
    a. a copy of the test questions used to calculate the  test  subject's
  raw score;
    b.  a  copy of the test subject's answer sheet, or answer record where
  there is no answer sheet, together with a copy  of  the  correct  answer
  sheet  to  the  same  test  with  questions  used  to calculate the test
  subject's raw score so marked; and
    c. a statement of the raw score used to calculate the scores  reported
  to the test subject.
    The  agency  may  charge a nominal fee for providing such information,
  not to  exceed  the  direct  cost  thereof.  Notwithstanding  any  other
  provision  in this section, a test agency shall permit a test subject to
  elect in writing this opportunity both at  the  time  the  test  subject
  registers  to  take  a test and at the time the test agency reports test
  scores to the test subject; provided, however, that  the  provisions  of
  this  paragraph  shall not apply where either the materials described in
  paragraph (a) or (b) of this subdivision are provided  during  the  test
  administration.  The  form  permitting  such election shall describe the
  opportunity offered pursuant to this  subdivision  in  clear  and  plain
  English  and shall be part of and included in the test registration form
  and in a form provided to the test subject at the time test  scores  are
  reported to the test subject.
    3. a. Notwithstanding subdivisions one and two of this section, a test
  agency  may  withhold from disclosure any test forms administered in New
  York in any given test program to not more  than  five  percent  of  the
  anticipated  test  subjects  annually  or to not more than five thousand
  test subjects annually, whichever is less.
    b. Prior to the beginning of a test agency's testing  year,  the  test
  agency  shall designate the dates upon which test forms to be filed with
  the commissioner will be used. The test agency  shall  inform  potential
  test subjects of these dates.
    4.  Within  three  years  after  the  administration  in New York of a
  standardized test form not required to be  disclosed  under  subdivision
  three  of  this section the test agency shall file the test form and the
  corresponding acceptable answers with the commissioner.
    5. Subdivisions one, two, three, and four of this  section  shall  not
  apply  to  the  GRE Advanced Tests. With respect to such tests, the test
  agency shall file with the commissioner the following:
    a. a copy of all test questions used in calculating the test subject's
  raw score from one test form administered during the  period  set  forth
  below;
    b. the corresponding acceptable answers; and
    c.  all  rules for converting raw scores into those scores reported to
  the test  subject  together  with  an  explanation  of  such  rules,  in
  accordance with the following schedule:
    (1)  once  every  three  years  for  such  test  administered to forty
  thousand or more test subjects in New York annually, and

    (2) once every five years for such tests administered to five thousand
  or less than forty thousand test subjects in New York annually, and
    (3)  once  every eight years for such tests administered to fewer than
  five thousand test subjects in New York annually.
    5-a. Subdivisions one, two, three, four, five and six of this  section
  shall  not  apply to the Medical College Admission Test. With respect to
  that test, the test agency shall file with the commissioner  once  every
  four years the following:
    a. a copy of all test questions used in calculating the test subject's
  raw  score from one test form administered during the previous four-year
  period;
    b. the corresponding acceptable answers; and
    c. all rules for converting raw scores into those scores  reported  to
  the test subject together with an explanation of such rules.
    5-b.  Subdivisions one, two, three, four, five, five-a and six of this
  section shall not apply to the SAT II: Subject Tests.  With  respect  to
  such tests, the test agency shall maintain on file with the commissioner
  a  complete sample test, reflecting tests currently in use, of each type
  of SAT II: Subject Test to be administered in New York  and  provide  to
  the  test  subject  the opportunity to secure a copy of a representative
  complete sample test of a Subject Test. Whenever a new Subject  Test  is
  added  the  test  agency  shall  file  and  publish  updated information
  consisting of descriptions and sample items prior to the  administration
  of  any  such test in New York. Whenever a substantial change is made in
  any subject, the test agency shall file and publish updated  information
  consisting  of  complete sample tests prior to the administration of any
  such test in New York.
    6. Notwithstanding other provisions of this section, if a test  agency
  has  administered  a  standardized  test  to less than two thousand test
  subjects in New York annually, the  test  agency  shall  file  with  the
  commissioner at least once every three years:
    a. a copy of all test questions used in calculating the test subject's
  raw score from one test form administered during that three year period;
    b. the corresponding acceptable answers with the commissioner; and
    c.  all  rules for converting raw scores into those scores reported to
  the test subject together with an explanation of such rules.
    7. Documents submitted to the commissioner pursuant  to  this  section
  shall  be  public  records  and,  in collecting this material, the State
  Education Department shall be considered an archive under Title 17 § 108
  U.S.C.
    8. a. Within sixty days of the receipt of correspondence from  a  test
  subject,  their  representative,  or  a  user institution challenging or
  questioning the keying, scoring,  wording,  or  any  aspect  of  a  test
  question  or  questions  used to calculate test subjects' raw scores for
  standardized tests filed with the commissioner pursuant  to  subdivision
  one  of this section, the test agency shall place such correspondence in
  a separately maintained file. Such filed correspondence must contain  no
  information  identifiable with any individual or user institution unless
  authorized by that individual or institution.
    b. Within thirty days of the test agency's sending out a  response  to
  the test subject, their representative or the user institution, the test
  agency  shall  place  on file a copy of any of the test agency's written
  responses to such correspondence clarifying, explaining or defending the
  test question  or  questions.  Such  filed  responses  must  contain  no
  information  identifiable with any individual or user institution unless
  authorized by that individual or institution.
    c. Test subjects and any other individual shall be able to gain access
  to such file by submitting a written request to the  test  agency.  Test

  agencies shall make copies of any of the requested contents of the file.
  Test  agencies  may  charge nominal fees to provide copies of any of the
  contents of the file upon request. Such fees may not exceed  the  direct
  costs  of  administering  and  maintaining  such  files and photocopying
  requested materials.
    9. Each test agency shall report  the  following  information  to  the
  commissioner annually:
    a.  the  dates of each test administered by the test agency during the
  testing year;
    b. the total number of  test  subjects  who  took  the  test  at  each
  administration;
    c.  the  total  amount of fees received from test subjects by the test
  agency for the test for that testing year; and
    d. those expenses which are directly  attributable  to  the  test  and
  those  expenses  which are indirectly attributable to the test. The test
  agency  shall  also  list  expenses  indirectly  attributable   to   all
  activities  of  the  test agency, including expenses not identifiable as
  attributable to a test.
    10. a. Except as provided  in  paragraphs  b,  c,  d  and  e  of  this
  subdivision, subdivisions one and two of this section shall not apply to
  any  test  agency  which  discloses  test forms administered to at least
  two-thirds of the test subjects in a test year, based on the  number  of
  administrations in the most recent test year.
    b.  Subdivisions  one,  two, three, four and six of this section shall
  not apply to the SAT I:  Reasoning  Test  during  the  nineteen  hundred
  ninety-six--ninety-seven  test  year or any subsequent test year so long
  as the College Entrance Examination Board discloses in each such testing
  year:
    (i) four test forms used to administer the SAT I:  Reasoning  Test  in
  New York, or
    (ii)  if fewer than four regular SAT I: Reasoning Test administrations
  are offered in New York during a test year, the same number  of  SAT  I:
  Reasoning Test forms as regular SAT I: Reasoning Test administrations in
  New York in that test year.
    c.  Subdivisions  one, two, three, four, and six of this section shall
  not apply to the Graduate Record Examination ("GRE") General Test during
  the nineteen hundred ninety-six--ninety-seven test year so long  as  the
  Graduate  Record  Examinations  Board  discloses  in  that test year the
  greater of:
    (i) one GRE General Test form administered in New York, or
    (ii) one-half the number of GRE General Test forms administered in New
  York in that test year.
    d. Subdivisions one, two, three, four, and six of this  section  shall
  not   apply  to  the  GRE  General  Test  during  the  nineteen  hundred
  ninety-seven--ninety-eight test year or any  subsequent  test  year,  so
  long  as  the  Graduate Record Examinations Board discloses in each such
  test year one-half of the number of GRE General Test forms  administered
  in regular administrations in New York in that test year if it offers at
  least  two regular administrations of that test in New York in that test
  year.
    e. Subdivisions one, two, three, four, and six of this  section  shall
  not  apply to the Test of English as a Foreign Language ("TOEFL") during
  the  nineteen  hundred  ninety-six--ninety-seven  test   year   or   any
  subsequent  test  year  so long as the TOEFL Policy Council discloses in
  each such test year:
    (i) five test forms used to administer the TOEFL in New York, or

    (ii) if fewer than five regular TOEFL administrations are  offered  in
  New  York  during  a  test  year, the same number of TOEFL forms as such
  regular administrations in New York during that test year.
    f.  Any  test agency offering one or more nondisclosed administrations
  pursuant to this subdivision shall provide to test subjects, in a  clear
  and  conspicuous  manner  in its registration materials, notice of which
  test administrations will or will not be disclosed.
    g. For the purposes of this subdivision,  a  "regular"  administration
  means  a  regular  Saturday major paper-and-pencil administration of the
  SAT I or GRE General Test or a  regular  Friday  major  paper-and-pencil
  administration of the TOEFL. A "regular" administration does not include
  any  other  administration  (whether  offered on a Friday or Saturday or
  otherwise), whether  a  makeup  administration,  an  administration  for
  Saturday  Sabbath observers, or other special-purpose administration, or
  any individual administration.
    11. Notwithstanding subdivision one of this  section,  a  test  agency
  which  administered  a  computerized  standardized  test  in  test  year
  nineteen hundred ninety-four shall file with the commissioner:
    a. no later than September first, nineteen hundred ninety-six the test
  item pool used for an  operational  test  administered  as  of  December
  first,  nineteen  hundred  ninety-four, and the corresponding acceptable
  answers.
    b. no later than September first, nineteen hundred  ninety-seven  that
  portion  of the test item pool used for an operational test administered
  during the nineteen hundred  ninety-six  test  year  equivalent  to  one
  paper-and-pencil test form, and the corresponding acceptable answers.
    c.  no  later than September first, nineteen hundred ninety-eight that
  portion of the test item pool used for an operational test  administered
  during  the  nineteen  hundred  ninety-seven test year equivalent to two
  paper-and-pencil test forms, and the corresponding acceptable answers.
    d. no later than September first, nineteen  hundred  ninety-nine  that
  portion  of the test item pool used for an operational test administered
  during the nineteen hundred ninety-eight test  year  equivalent  to  six
  paper-and-pencil test forms, and the corresponding acceptable answers.