Education Law Section 343
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 § 342 (Disclosure of test contents)section three hundred forty-two of this article.
g.how the test subject may obtain information required to be available under § 344-B (Due process)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 § 344-C (Additional test subject rights)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.
Section 343 — Notice,
https://www.nysenate.gov/legislation/laws/EDN/343 (updated Sep. 22, 2014; accessed Dec. 9, 2023).