§ 340. Definitions. As used in this article: 1. "Standardized test" or\n"test" means any test that is given in New York at the expense of the\ntest subject and designed for use and used in the process of selection\nfor post-secondary or professional school admissions. Such tests shall\ninclude, but are not limited to, the Preliminary Scholastic Aptitude\nTest, Scholastic Aptitude Test, ACT Assessment, Graduate Record\nExamination, Medical College Admission Test, Law School Admission Test,\nDental Admission Testing Program, Graduate Management Admission Test,\nMiller Analogies Test and the Test for Standard Written English. This\narticle shall not apply to any state, federal, or local civil service\ntest, any test used solely for placement, credit-by-examination or other\nnonadmission purpose or any test developed and administered by an\nindividual school or institution solely for its own purposes or any\ntest, or portion of a test, designed to evaluate manual skills or other\nphysical abilities.\n 2. "Commissioner" means the commissioner of education of the state of\nNew York.\n 3. "Test subject" means an individual to whom a test is administered.\n 4. "Test agency" means any organization, association, corporation,\npartnership, or individual or person that develops, sponsors or\nadministers a test.\n 5. "Part" means each portion of a test for which a score is\ncalculated.\n 6. "Test form" means the test booklet or instrument used for each part\nof each test.\n 7. "Pretest question" means any question or group of questions on a\ntest not used to calculate the reported scores of a test subject, nor\nused to equate scores for that test.\n 8. "Test year" means the twelve-month period commencing September\nfirst during which the test agency administers a particular test.\n 9. "Computerized test" means any test form administered to test\nsubjects by means of a computer.\n
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