(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 ยง 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.