N.Y. Education Law § 343: Notice

§ 343. Notice. 1. Each test agency shall provide, along with the

registration form or score report for a test, the following information:

a. the purposes for which the test is constructed and is intended to

be used;

b. statements designed to provide information for interpreting test

results, including but not limited to, explanations of the test score

scale, the standard error of measurement of the test, and a list of

available correlations between test scores and grades, successful

completion of a course of study and parental income; however, where a

range of the correlations of such studies is given, a median correlation

must also be provided;

c. how the test scores will be reported, whether the raw test scores

will be converted in any way before being reported to the test subject

and whether and how the test agency will use the test score in raw or

transformed form by itself or together with any other information about

the test subject to predict in any way the subject's future academic

performance for any post secondary educational institution;

d. a complete description of any promises or covenants that the test

agency makes to the test subject with regard to accuracy of scoring,

timely forwarding of information, policies for notifying test subjects

regarding inaccuracies in scoring or score reporting, any procedures to

increase fairness and equity with respect to race, ethnicity and

linguistic background and gender for test subjects with regard to test

questions and test forms, procedures for reviewing challenges by test

subjects, their representatives or user institutions to the keying,

scoring, wording or any aspect of a test question or questions used to

calculate test subjects' raw scores, and privacy of information relating

to the test subject;

e. whether or not the test scores are the property of the test

subject, the time period during which the results will be retained by

the test agency, and policies regarding storage, disposal and future use

of test score data; and

f. how the test subject may obtain the information required to be

dislcosed under section three hundred forty-two of this article.

g. how the test subject may obtain information required to be

available under section three hundred forty-four-b of this article;

h. a clear, easily understood written description of each section of

the test, including an indication of whether the test contains sections

of equating questions together with a statement of the purpose of such,

and an indication of whether the test contains sections of pretest

questions together with a statement of the purpose of such;

i. a description of all services which will be provided at the

location of the test administration to accommodate handicapped or

disabled test subjects;

j. a concise summary of test administration procedures which provides

essential information to the test subject about the conduct of the test

including the duties and responsibilities of the test proctor or

supervisor and the actions a test subject may take in the event of any

problems which may arise in the course of taking the test;

k. a statement of the test agency's recommendations as to how test

scores shall be used by an institution to which scores are reported,

including any recommendation regarding the importance that the

institution should give to such scores relative to other factors, such

as prior academic record, in making any decision affecting a test

subject;

l. a description of how test subjects can receive additional

information from test sponsors about the appropriate use of test scores;

m. information which clearly describes the test subjects' rights

included in section three hundred forty-four-c of this article; and

n. information documenting procedures used by the test agency to

insure that the test is fair to all test takers regardless of racial,

ethnic, gender or regional background.

2. Any institution which is a test score recipient shall be provided

with the information specified in this section. The test agency shall

provide such information prior to or coincident with the first reporting

of a test score or scores to a recipient institution. Such institution

shall be encouraged to provide interpretive processing by qualified

personnel where such personnel are available.

4. Each public postsecondary institution shall include in its catalog

or bulletin a statement whether applicants for undergraduate admission

are required to submit test scores. Such statement shall clearly state

how test scores are used in the decision process, how multiple score

reports are treated, whether component scores are summed or averaged,

and how test scores are used in placement decisions.