N.Y. Education Law § 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.