§ 342. Disclosure of test contents. 1. Within thirty days after the\nresults of any standardized test are released, the test agency shall\nfile or cause to be filed with the commissioner:\n a. a copy of all test questions used in calculating the test subject's\nraw score;\n b. the corresponding acceptable answers to those questions; and\n c. all rules for converting raw scores into those scores reported to\nthe test subject together with an explanation of such rules.\n 2. Within ninety days after filing a standardized test pursuant to\nsubdivision one of this section and for a period of not less than ninety\ndays after the offer is made, the test agency shall provide to the test\nsubject the opportunity to secure:\n a. a copy of the test questions used to calculate the test subject's\nraw score;\n b. a copy of the test subject's answer sheet, or answer record where\nthere is no answer sheet, together with a copy of the correct answer\nsheet to the same test with questions used to calculate the test\nsubject's raw score so marked; and\n c. a statement of the raw score used to calculate the scores reported\nto the test subject.\n The agency may charge a nominal fee for providing such information,\nnot to exceed the direct cost thereof. Notwithstanding any other\nprovision in this section, a test agency shall permit a test subject to\nelect in writing this opportunity both at the time the test subject\nregisters to take a test and at the time the test agency reports test\nscores to the test subject; provided, however, that the provisions of\nthis paragraph shall not apply where either the materials described in\nparagraph (a) or (b) of this subdivision are provided during the test\nadministration. The form permitting such election shall describe the\nopportunity offered pursuant to this subdivision in clear and plain\nEnglish and shall be part of and included in the test registration form\nand in a form provided to the test subject at the time test scores are\nreported to the test subject.\n 3. a. Notwithstanding subdivisions one and two of this section, a test\nagency may withhold from disclosure any test forms administered in New\nYork in any given test program to not more than five percent of the\nanticipated test subjects annually or to not more than five thousand\ntest subjects annually, whichever is less.\n b. Prior to the beginning of a test agency's testing year, the test\nagency shall designate the dates upon which test forms to be filed with\nthe commissioner will be used. The test agency shall inform potential\ntest subjects of these dates.\n 4. Within three years after the administration in New York of a\nstandardized test form not required to be disclosed under subdivision\nthree of this section the test agency shall file the test form and the\ncorresponding acceptable answers with the commissioner.\n 5. Subdivisions one, two, three, and four of this section shall not\napply to the GRE Advanced Tests. With respect to such tests, the test\nagency shall file with the commissioner the following:\n a. a copy of all test questions used in calculating the test subject's\nraw score from one test form administered during the period set forth\nbelow;\n b. the corresponding acceptable answers; and\n c. all rules for converting raw scores into those scores reported to\nthe test subject together with an explanation of such rules, in\naccordance with the following schedule:\n (1) once every three years for such test administered to forty\nthousand or more test subjects in New York annually, and\n (2) once every five years for such tests administered to five thousand\nor less than forty thousand test subjects in New York annually, and\n (3) once every eight years for such tests administered to fewer than\nfive thousand test subjects in New York annually.\n 5-a. Subdivisions one, two, three, four, five and six of this section\nshall not apply to the Medical College Admission Test. With respect to\nthat test, the
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