NY Educ L § 341-A (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 7-A - Standardized Testing 341-A - Standardized Testing; Reports.

§ 341-a. Standardized  testing;  reports.  1.  Definitions. As used in   this section and section three hundred forty-six-a of this article,  the   following words and terms shall have the following meanings:a.  "Test"  means  a  standardized  test  as  defined in section three   hundred forty of this  article;  provided  however,  that  the  test  of   English  as  a foreign language shall not constitute a test for purposes   of this section;b. "Test subject" means a test subject as  defined  in  section  three   hundred forty of this article.2.  Not  later than July first, nineteen hundred eighty-eight, and for   one year thereafter, test agencies shall ask each test subject to report   on the test answer sheet, test registration form, or  other  appropriate   means all of the following information:a.  The  test  subject's  race  or  ethnicity, including the following   groups:  Black, White, American Indian, Asian, Hispanic or other;b. The test subject's gender, expressed as male or female; andc. The test subject's  linguistic  background,  expressed  as  whether   English was the dominant language of the test subject's household.3.  The  test  agency shall advise all test subjects that they are not   required to provide the information requested under paragraphs a  and  c   of  subdivision  two of this section, that they will not be penalized if   they do not provide the information, and that the  information  provided   will   be   used   exclusively   for   research,   recruitment,   talent   identification and planning purposes.4. a. Not later than September first,  nineteen  hundred  eighty-nine,   the  test  agency  shall  prepare and file or cause to be filed with the   committee described in section three hundred forty-six-a of this article   a report relating to each test administered and  disclosed  pursuant  to   section  three  hundred  forty-two of this article by the test agency in   New York between July first,  nineteen  hundred  eighty-eight  and  July   first, nineteen hundred eighty-nine. Such report shall be subject to the   provisions  of  subdivisions  two  and  three  of  section three hundred   forty-one of this article.b. Each such test report shall show by race or  ethnicity,  linguistic   background  and  gender,  the  mean-scaled  scores of test subjects, the   standard deviation of scaled scores,  and  the  distribution  of  scaled   scores.5.  a.  Not  later than September first, nineteen hundred eighty-nine,   the test agency shall prepare and file or cause to  be  filed  with  the   committee  an  item report relating to each question used in calculating   the subject's raw score on each test  form  administered  and  disclosed   pursuant  to section three hundred forty-two of this article in New York   between July  first,  nineteen  hundred  eighty-eight  and  July  first,   nineteen  hundred  eighty-nine.  Such  report  shall  be  subject to the   provisions of subdivisions  two  and  three  of  section  three  hundred   forty-one of this article.b.  Each  such  item  report  shall  show  for  each  question used in   calculating the test  subject's  raw  score,  the  item's  content  area   specification,  and  where  disclosed  pursuant to section three hundred   forty-two of this article, information identifying the text of the item,   and the correct answer-rates and R-biserial correlations  for  all  test   subjects,   combined  and  separately  by  race,  ethnicity,  gender  or   linguistic background as reported under subdivision two of this section.   Such item report shall also  calculate  the  correct  answer  rates  and   R-biserial  correlations  comparing  performance  by gender and language   dominance,  within  race  and  ethnic  subgroups,   including   language   dominance by the total gender group. Content area specification shall be   reported  for  each exam to indicate area of knowledge, skill or ability    that  an  item  purports  to  measure  according  to  the  examination's   manufacturer   or  sponsoring  agency.  Correct  answer-rates  shall  be   calculated by dividing the number of correct answers for a question used   in  calculating  the  subject's raw score on all test forms administered   and disclosed pursuant  to  section  three  hundred  forty-two  of  this   article  between  July  first,  nineteen  hundred  eighty-eight and July   first, nineteen hundred eighty-nine by the number of  test  subjects  to   whom  those  test forms were administered. R-biserial correlations shall   be  calculated  by  correlating  performance  on  a  question  used   in   calculating  the  subject's  raw  score  on  each test form administered   between July  first,  nineteen  hundred  eighty-eight  and  July  first,   nineteen  hundred  eighty-nine with performance on the tests as shown by   total scores.c. The test agency shall not be required to include in such  test  and   item reports under this subdivision and subdivision four of this section   information  for  any  group  comprising  fewer  than  one  hundred test   subjects.d. The  test  report  will  also  include  data  showing  measures  of   differential  item  functioning  on  individual questions that take into   account differences in overall test performance. Data will  be  provided   for  test  items  which contribute to the candidate scores and for which   differential item data are available. Differential item functioning data   shall be reported for comparative purposes between the  following  pairs   of  groups:  (Black-White),  (Hispanic-White),  (American Indian-White),   (Asian-White), (Other-White) and (Male-Female). Documentation as to  the   methods  by  which  these  data  have been calculated will accompany the   data. Differential item functioning data shall not be required for pairs   of groups comprising fewer than  four  hundred  test  subjects  in  each   group.e.  The committee may request additional data, where already available   and published, from the test agencies to  clarify  the  data  previously   reported  pursuant  to  this  subdivision  and  subdivision four of this   section.