New York Standardized Test Disclosure Law
- Within 90 days after the filing of the test contents, the test-taker has the right to secure a copy of the test questions, a copy of the answer sheet and a copy of the raw score used to calculate the score reported to the test-taker. The test-taker may obtain these materials for a nominal fee not exceeding the cost to the testing agency of providing the materials.
- The testing agency may choose not to release a portion of test content that was administered to less than 5 percent of the anticipated number of test-takers for a given year. This provision holds as long as the agency announces the dates on which tests that will not be disclosed are to be administered prior to the start of the given year.
- The testing agency must make an annual report detailing the dates on which tests will be administered in the upcoming year and the number of test-takers who participated in each administration during the past year. Additionally, within 30 days of each administration, the testing agency must file a copy of the test questions, the answer sheet and the formula used to calculate the official score from the raw score.
- Certain specific tests are exceptions to parts of the content disclosure law. These include the Graduate Record Examination (GRE) General Test, GRE Advanced Tests, Scholastic Assessment Test (SAT) I Reasoning Test, SAT II Subject Tests and the Test of English as a Foreign Language.
- The test-taker may decide to which (if any) individuals, organizations or other entities his test score will be disclosed. The testing agency may, however, release a test-taker's score for the purposes of studies leading to reports on the test as long as the resulting reports protect the test-taker's anonymity.
- Any test-taker who prepares diligently by selecting a test date that is marked for full disclosure and consulting the specific guidelines for the tests that are identified as exceptions (if applicable) is entitled to the full disclosure of the questions, answers and scoring calculations that contributed to her performance on the test. In every case, the test-taker is in complete control of the disclosure of her score that is tied to her identity.