§ 342 — Disclosure of test contents

§ 342. Disclosure of test contents. 1. Within thirty days after the\nresults of any standardized test are released, the test agency shall\nfile or cause to be filed with the commissioner:\n a. a copy of all test questions used in calculating the test subject's\nraw score;\n b. the corresponding acceptable answers to those questions; and\n c. all rules for converting raw scores into those scores reported to\nthe test subject together with an explanation of such rules.\n 2. Within ninety days after filing a standardized test pursuant to\nsubdivision one of this section and for a period of not less than ninety\ndays after the offer is made, the test agency shall provide to the test\nsubject the opportunity to secure:\n a. a copy of the test questions used to calculate the test subject's\nraw score;\n b. a copy of the test subject's answer sheet, or answer record where\nthere is no answer sheet, together with a copy of the correct answer\nsheet to the same test with questions used to calculate the test\nsubject's raw score so marked; and\n c. a statement of the raw score used to calculate the scores reported\nto the test subject.\n The agency may charge a nominal fee for providing such information,\nnot to exceed the direct cost thereof. Notwithstanding any other\nprovision in this section, a test agency shall permit a test subject to\nelect in writing this opportunity both at the time the test subject\nregisters to take a test and at the time the test agency reports test\nscores to the test subject; provided, however, that the provisions of\nthis paragraph shall not apply where either the materials described in\nparagraph (a) or (b) of this subdivision are provided during the test\nadministration. The form permitting such election shall describe the\nopportunity offered pursuant to this subdivision in clear and plain\nEnglish and shall be part of and included in the test registration form\nand in a form provided to the test subject at the time test scores are\nreported to the test subject.\n 3. a. Notwithstanding subdivisions one and two of this section, a test\nagency may withhold from disclosure any test forms administered in New\nYork in any given test program to not more than five percent of the\nanticipated test subjects annually or to not more than five thousand\ntest subjects annually, whichever is less.\n b. Prior to the beginning of a test agency's testing year, the test\nagency shall designate the dates upon which test forms to be filed with\nthe commissioner will be used. The test agency shall inform potential\ntest subjects of these dates.\n 4. Within three years after the administration in New York of a\nstandardized test form not required to be disclosed under subdivision\nthree of this section the test agency shall file the test form and the\ncorresponding acceptable answers with the commissioner.\n 5. Subdivisions one, two, three, and four of this section shall not\napply to the GRE Advanced Tests. With respect to such tests, the test\nagency shall file with the commissioner the following:\n a. a copy of all test questions used in calculating the test subject's\nraw score from one test form administered during the period set forth\nbelow;\n b. the corresponding acceptable answers; and\n c. all rules for converting raw scores into those scores reported to\nthe test subject together with an explanation of such rules, in\naccordance with the following schedule:\n (1) once every three years for such test administered to forty\nthousand or more test subjects in New York annually, and\n (2) once every five years for such tests administered to five thousand\nor less than forty thousand test subjects in New York annually, and\n (3) once every eight years for such tests administered to fewer than\nfive thousand test subjects in New York annually.\n 5-a. Subdivisions one, two, three, four, five and six of this section\nshall not apply to the Medical College Admission Test. With respect to\nthat test, the test agency shall file with the commissioner once every\nfour years the following:\n a. a copy of all test questions used in calculating the test subject's\nraw score from one test form administered during the previous four-year\nperiod;\n b. the corresponding acceptable answers; and\n c. all rules for converting raw scores into those scores reported to\nthe test subject together with an explanation of such rules.\n 5-b. Subdivisions one, two, three, four, five, five-a and six of this\nsection shall not apply to SAT Subject Tests. With respect to such\ntests, the test agency shall maintain on file with the commissioner a\ncomplete sample test, reflecting tests currently in use, of each type of\nSAT Subject Test to be administered in New York and provide to the test\nsubject the opportunity to secure a copy of a representative complete\nsample test of a Subject Test. Whenever a new Subject Test is added the\ntest agency shall file and publish updated information consisting of\ndescriptions and sample items prior to the administration of any such\ntest in New York. Whenever a substantial change is made in any subject,\nthe test agency shall file and publish updated information consisting of\ncomplete sample tests prior to the administration of any such test in\nNew York.\n 6. Notwithstanding other provisions of this section, if a test agency\nhas administered a standardized test to less than two thousand test\nsubjects in New York annually, the test agency shall file with the\ncommissioner at least once every three years:\n a. a copy of all test questions used in calculating the test subject's\nraw score from one test form administered during that three year period;\n b. the corresponding acceptable answers with the commissioner; and\n c. all rules for converting raw scores into those scores reported to\nthe test subject together with an explanation of such rules.\n 7. Documents submitted to the commissioner pursuant to this section\nshall be public records and, in collecting this material, the State\nEducation Department shall be considered an archive under Title 17 § 108\nU.S.C.\n 8. a. Within sixty days of the receipt of correspondence from a test\nsubject, their representative, or a user institution challenging or\nquestioning the keying, scoring, wording, or any aspect of a test\nquestion or questions used to calculate test subjects' raw scores for\nstandardized tests filed with the commissioner pursuant to subdivision\none of this section, the test agency shall place such correspondence in\na separately maintained file. Such filed correspondence must contain no\ninformation identifiable with any individual or user institution unless\nauthorized by that individual or institution.\n b. Within thirty days of the test agency's sending out a response to\nthe test subject, their representative or the user institution, the test\nagency shall place on file a copy of any of the test agency's written\nresponses to such correspondence clarifying, explaining or defending the\ntest question or questions. Such filed responses must contain no\ninformation identifiable with any individual or user institution unless\nauthorized by that individual or institution.\n c. Test subjects and any other individual shall be able to gain access\nto such file by submitting a written request to the test agency. Test\nagencies shall make copies of any of the requested contents of the file.\nTest agencies may charge nominal fees to provide copies of any of the\ncontents of the file upon request. Such fees may not exceed the direct\ncosts of administering and maintaining such files and photocopying\nrequested materials.\n 9. Each test agency shall report the following information to the\ncommissioner annually:\n a. the dates of each test administered by the test agency during the\ntesting year;\n b. the total number of test subjects who took the test at each\nadministration;\n c. the total amount of fees received from test subjects by the test\nagency for the test for that testing year; and\n d. those expenses which are directly attributable to the test and\nthose expenses which are indirectly attributable to the test. The test\nagency shall also list expenses indirectly attributable to all\nactivities of the test agency, including expenses not identifiable as\nattributable to a test.\n 10. a. Except as provided in paragraphs b, c, d and e of this\nsubdivision, subdivisions one and two of this section shall not apply to\nany test agency which discloses test forms administered to at least\ntwo-thirds of the test subjects in a test year, based on the number of\nadministrations in the most recent test year.\n b. Subdivisions one, two, three, four and six of this section shall\nnot apply to the SAT Test during the nineteen hundred\nninety-six--ninety-seven test year or to the two thousand eighteen--two\nthousand nineteen test year so long as the College Entrance Examination\nBoard discloses in each such testing year:\n (i) four test forms used to administer the SAT Test in New York, or\n (ii) if fewer than four regular SAT Test administrations are offered\nin New York during a test year, the same number of SAT Test forms as\nregular SAT Test administrations in New York in that test year.\n b-1. Subdivisions one, two, three, four and six of this section shall\nnot apply to the SAT Test during the two thousand nineteen--two thousand\ntwenty test year or any subsequent test year, so long as the college\nentrance examination board discloses in each such testing year:\n (i) if seven or more regular SAT Test administrations are offered in\nNew York during a test year, four SAT Test forms used to administer the\nSAT Test in New York;\n (ii) if four, five or six regular SAT Test administrations are offered\nin New York during a test year, three SAT Test forms used to administer\nthe SAT Test in New York; or\n (iii) if three or fewer regular SAT Test administrations are offered\nin New York during a test year, the same number of SAT Test forms used\nto administer the SAT Test in New York.\n b-2. Subdivisions one, two, three, four and six of this section shall\nnot apply to the ACT college entrance examination during the two\nthousand nineteen--two thousand twenty test year or any subsequent test\nyear, so long as the ACT college entrance examination board discloses in\neach such testing year:\n (i) if seven or more regular ACT college entrance examinations test\nadministrations are offered in New York during a test year, four ACT\ncollege entrance examinations test forms used to administer the ACT\ncollege entrance examination test in New York;\n (ii) if four, five or six regular ACT college entrance examinations\ntest administrations are offered in New York during a test year, three\nACT college entrance examinations test forms used to administer the ACT\ncollege entrance examination test in New York; or\n (iii) if three or fewer regular ACT college entrance examinations test\nadministrations are offered in New York during a test year, the same\nnumber of ACT college entrance examination test forms as regular ACT\ncollege entrance examination test administrations in New York in that\ntest year.\n c. Subdivisions one, two, three, four, and six of this section shall\nnot apply to the Graduate Record Examination ("GRE") General Test during\nthe nineteen hundred ninety-six--ninety-seven test year so long as the\nGraduate Record Examinations Board discloses in that test year the\ngreater of:\n (i) one GRE General Test form administered in New York, or\n (ii) one-half the number of GRE General Test forms administered in New\nYork in that test year.\n d. Subdivisions one, two, three, four, and six of this section shall\nnot apply to the GRE General Test during the nineteen hundred\nninety-seven--ninety-eight test year or any subsequent test year, so\nlong as the Graduate Record Examinations Board discloses in each such\ntest year one-half of the number of GRE General Test forms administered\nin regular administrations in New York in that test year if it offers at\nleast two regular administrations of that test in New York in that test\nyear.\n e. Subdivisions one, two, three, four, and six of this section shall\nnot apply to the Test of English as a Foreign Language ("TOEFL") during\nthe nineteen hundred ninety-six--ninety-seven test year or any\nsubsequent test year so long as the TOEFL Policy Council discloses in\neach such test year:\n (i) five test forms used to administer the TOEFL in New York, or\n (ii) if fewer than five regular TOEFL administrations are offered in\nNew York during a test year, the same number of TOEFL forms as such\nregular administrations in New York during that test year.\n f. Any test agency offering one or more nondisclosed administrations\npursuant to this subdivision shall provide to test subjects, in a clear\nand conspicuous manner in its registration materials, notice of which\ntest administrations will or will not be disclosed.\n g. For the purposes of this subdivision, a "regular" administration\nmeans a regular Saturday major paper-and-pencil administration of the\nSAT I or GRE General Test or a regular Friday major paper-and-pencil\nadministration of the TOEFL. A "regular" administration does not include\nany other administration (whether offered on a Friday or Saturday or\notherwise), whether a makeup administration, an administration for\nSaturday Sabbath observers, or other special-purpose administration, or\nany individual administration.\n 11. Notwithstanding subdivision one of this section, a test agency\nwhich administered a computerized standardized test in test year\nnineteen hundred ninety-four shall file with the commissioner:\n a. no later than September first, nineteen hundred ninety-six the test\nitem pool used for an operational test administered as of December\nfirst, nineteen hundred ninety-four, and the corresponding acceptable\nanswers.\n b. no later than September first, nineteen hundred ninety-seven that\nportion of the test item pool used for an operational test administered\nduring the nineteen hundred ninety-six test year equivalent to one\npaper-and-pencil test form, and the corresponding acceptable answers.\n c. no later than September first, nineteen hundred ninety-eight that\nportion of the test item pool used for an operational test administered\nduring the nineteen hundred ninety-seven test year equivalent to two\npaper-and-pencil test forms, and the corresponding acceptable answers.\n d. no later than September first, nineteen hundred ninety-nine that\nportion of the test item pool used for an operational test administered\nduring the nineteen hundred ninety-eight test year equivalent to six\npaper-and-pencil test forms, and the corresponding acceptable answers.\n