NY Educ L § 342 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 7-A - 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 SAT  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 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   Test   during   the   nineteen    hundred ninety-six--ninety-seven  test year or to the two thousand eighteen--two thousand nineteen 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 Test in New York, or  (ii)  if  fewer than four regular SAT Test administrations are offered in New York during a test year, the same number of  SAT  Test  forms  as regular SAT Test administrations in New York in that test year.   b-1.  Subdivisions one, two, three, four and six of this section shall not apply to the SAT Test during the two thousand nineteen--two thousand twenty test year or any subsequent test year, so  long  as  the  college entrance examination board discloses in each such testing year:  (i)  if  seven or more regular SAT Test administrations are offered in New York during a test year, four SAT Test forms used to administer  the SAT Test in New York;  (ii) if four, five or six regular SAT Test administrations are offered in  New York during a test year, three SAT Test forms used to administer the SAT Test in New York; or  (iii) if three or fewer regular SAT Test administrations  are  offered in  New  York during a test year, the same number of SAT Test forms used to administer the SAT Test in New York.   b-2. Subdivisions one, two, three, four and six of this section  shall not  apply  to  the  ACT  college  entrance  examination  during the two thousand nineteen--two thousand twenty test year or any subsequent  test year, so long as the ACT college entrance examination board discloses in each such testing year:  (i)  if  seven  or more regular ACT college entrance examinations test administrations are offered in New York during a  test  year,  four  ACT college  entrance  examinations  test  forms  used to administer the ACT college entrance examination test in New York;  (ii) if four, five or six regular ACT  college  entrance  examinations test  administrations  are offered in New York during a test year, three ACT college entrance examinations test forms used to administer the  ACT college entrance examination test in New York; or  (iii) if three or fewer regular ACT college entrance examinations test administrations  are  offered  in  New York during a test year, the same number of ACT college entrance examination test  forms  as  regular  ACT college  entrance  examination  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.