§ 340. Definitions. As used in this article: 1. “Standardized test” or “test” means any test that is given in New York at the expense of the test subject and designed for use and used in the process of selection for post-secondary or professional school admissions. Such tests shall include, but are not limited to, […]
§ 341. Background reports. 1. Whenever any test agency prepares or causes to have prepared research which is used in any study, evaluation or statistical report pertaining to a test operational after January first, nineteen hundred eighty, such study, evaluation or report shall be filed with the commissioner. This section shall apply to any unpublished […]
§ 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 […]
§ 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; […]
§ 342-a. Special administrations. 1. When regular test administrations are given on days of religious observance which prevent attendance by test subjects at such regular administrations special administrations shall be offered with the same frequency as regular administrations as soon after or before as is possible, at comparable times, places and cost. 2. Provided, however, […]
§ 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 […]
§ 344. Disclosure of test scores. The score of any test subject shall not be released or disclosed by the test agency to any person, organization, corporation, association, college, university, or governmental agency or subdivision unless specifically authorized by the test subject. A test agency may, however, release all scores received by a test subject […]
§ 344-a. Pretest questions. The test agency shall cooperate with a study conducted under the auspices of the National Research Council of the effects of pretesting on test subjects’ performance. The results of such study shall be made available to the chair of the higher education committee in the senate and the chair of the […]
§ 344-b. Due process. Each test agency shall ensure due process protection of test subjects whose scores are being questioned for suspected inauthenticity or irregularity in test administration. 1. When a test agency is presented with information which renders the test subject’s test score suspect, whether that information is in the form of allegations of […]
§ 344-c. Additional test subject rights. A test subject who must retake a test because of an error by the test agency, may not be charged for taking the retest.
§ 345. Regulations. The commissioner shall promulgate regulations to implement the provisions of this article.
§ 346. Test subject review of computerized test. Beginning in the test year two thousand, a test agency which administered a computerized test in test year nineteen hundred ninety-four shall offer test subjects who take a computerized test a process whereby test subjects are afforded the opportunity to review questions and answers from their computerized […]
§ 346-a. Advisory committee. 1. There shall be created a temporary committee to advise the legislature and make findings and recommendations with respect to the effect of standardized tests used in the process of post secondary admissions on test subjects of varying racial, ethnic, linguistic background and gender and consider other possible analytical methods to […]
§ 347. Violations. Any test agency which violates any section of this article shall be liable for a civil penalty of not more than one thousand dollars for each violation.
§ 348. Severability. If any provision of this article shall be declared unconstitutional or invalid, the other provisions shall remain in effect notwithstanding.
