What's happening
This bill requires test agencies to provide standardized test questions, answers, and scores to all test-takers unless they sign a waiver.
Why it matters
Empowers test-takers with transparency. By requiring agencies to disclose actual test questions, answers, and scores to all test-takers (unless they opt out), the bill gives individuals a clearer understanding of their performance, helping them identify specific strengths and weaknesses.
Limits hidden costs and ensures fairness. Including the cost of providing these materials in the registration fee (capped at the standard cost) prevents agencies from charging additional or excessive fees, making access to this information more equitable and predictable.
Streamlines and standardizes the waiver process. The bill mandates that the option to waive receiving this information be presented both at registration and when scores are reported, reducing confusion and ensuring all test-takers are aware of their rights.
Adapts to modern testing formats. By specifying procedures for both computer-based (via email) and paper-based (via mail) test delivery, the legislation ensures that all test-takers, regardless of format, have practical access to their test materials unless they choose otherwise.
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Who cares
Standardized test takers
They would receive scored test questions, their answers, correct answers and raw scores within 90 days of receiving their scores unless they sign a waiver.
Test agencies
They would have to provide the materials by default, include disclosure costs in registration fees and offer waivers that are final except where extenuating circumstances exist.
Computer-based and written-test takers
Computer-based test takers who do not waive disclosure would have to supply an email address for delivery, while written-test takers would receive the materials by mail.
Headline styles
Give Test Scores To Students
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4124
2017-2018 Regular Sessions
IN SENATE
February 3, 2017
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the disclosure of standardized test scores
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 342 of the education law, as added by chapter 813 of the laws of 1980, the closing paragraph as amended by chapter 565 of the laws of 1986, is amended and a new subdivision 2-a is added to read as follows:
2. Within ninety days after filing a standardized test pursuant to subdivision one of this section and for a period of not less than ninety days after the offer is made, the test agency shall provide [to the test subject the opportunity to secure] all test subjects who do not sign a waiver with:
a. a copy of the test questions used to calculate the test subject's raw score;
b. a copy of the test subject's answer sheet, or answer record where there is no answer sheet, together with a copy of the correct answer sheet to the same test with questions used to calculate the test subject's raw score so marked; and
c. a statement of the raw score used to calculate the scores reported to the test subject.
[The agency may charge a nominal fee for providing such information, not to exceed the direct cost thereof. Notwithstanding any other provision in this section, a test agency shall permit a test subject to elect in writing this opportunity both at the time the test subject registers to take a test and at the time the test agency reports test scores to the test subject; provided, however, that the provisions of this paragraph shall not apply where either the materials described in paragraph (a) or (b) of this subdivision are provided during the test
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09653-01-7
S. 4124 2
administration. The form permitting such election shall describe the opportunity offered pursuant to this subdivision in clear and plain English and shall be part of and included in the test registration form and in a form provided to the test subject at the time test scores are reported to the test subject.]
The cost of providing such information shall be included in the registration fee, not to exceed the standard cost of providing such information. A test agency shall provide all test subjects with the opportunity to sign a waiver electing not to receive such information, both at the time the test subject registers to take a test and at the time the test agency reports the scores to the test subject; unless such waiver is provided during the test administration. Waivers shall be final and test information may only be made available to a test subject who has waived their right to such information where extenuating circumstances exist. Test subjects shall receive such information within a time not to exceed ninety days from such test subject's receipt of his or her score.
2-a. Test subjects who take a test via a computer and do not sign a waiver, shall provide the test agency with an e-mail address to which the information set forth in subdivision two of this section shall be delivered. Test subjects who take a written test and do not sign a waiver shall receive the information set forth in subdivision two of this section through the mail.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to the disclosure of standardized test scores
Purpose
The purpose of this bill is to require testing agencies to provide test subjects, who do not sign a waiver electing not to receive such information, with a copy of the test questions used to calculate the test subject's raw score, a copy of the test subject's answer sheet, or answer record where there is no answer sheet, together with a copy of the corrected answer sheet to the same test with questions used to calculate the test subject's raw score so marked; and a statement of the raw score used to calculate the score reported to the test subject.
Summary of provisions
Subdivision 2 of section 342 of the education law, as added by chapter 813 of the laws of 1980, the closing paragraph as amended by chapter 565 of the laws of 1986, is amended and a new subdivision 2-a is added.
Justification
Under current law, the testing agency is only required to provide test subjects with a copy of the test questions, a copy of the test subject's answer sheet or answer record, together with a copy of the corrected answer sheet, when the test subject requests that information. This bill is written to facilitate the test subjects acquisition of such information, to which they are entitled under current law, but have to pay for and specifically request at a later time. Many of these standardized tests are crucial to the test subjects future and often, the test subject is unaware of his/her right to receive the aforementioned information. This bill will require test agencies to inform test subjects of this right, by providing a waiver both at the time the test subject registers to take a test and at the time the test agency reports the scores to the test subject; unless such waiver is provided during the test administration. A test subject who signs a waiver choosing not to receive such information will be held to that decision and the information will only be made available to said test subject where extenuating circumstances exist.
Legislative history
2015-16 S.1186; 2013-14 S.3023; 2011-12 S.4882; 2009-10 S.1444; 2007-08, S.4154;
2003-2004, S.1691
Fiscal implications
None
Effective date
This act shall take effect on the sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.