Senate Bill S3565

2009-2010 Legislative Session

Provides for disclosure of licensing examination questions and sets procedures for re-scoring upon request

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
Mar 24, 2009	referred to higher education

2009-S3565 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6507-a, Ed L; add §2137, Ins L; add §440-c, RP L; add §90-a, Exec L

2009-S3565 (ACTIVE) - Summary

Provides that any question appearing on an examination prepared or administered by the education department for the purpose of licensing professionals under their jurisdiction, on the test for licensing of real estate professionals, and on tests for licensing by the insurance and other state departments shall be made available for review pursuant to the state's Truth in Testing Law; defines terms.

2009-S3565 (ACTIVE) - Sponsor Memo

2009-S3565 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3565

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 24, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, the insurance law, the real  property
  law and the executive law, in relation to disclosing examination ques-
  tions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent and declaration of purpose. It is in the
public interest to insure that individuals taking examinations  used  in
the  process  of licensing professionals or occupations have a degree of
opportunity to review actual past test  questions.  Such  disclosure  is
important for test takers to be able to study and learn from the subject
areas  on  past  examinations  and for independent researchers to review
these tests for validity and fairness.
  S 2. The education law is amended by adding a new  section  6507-a  to
read as follows:
  S  6507-A.  LICENSING  EXAMINATION  AND RE-EXAMINATIONS. IN CONNECTION
WITH ANY EXAMINATION PREPARED OR ADMINISTERED BY THE  DEPARTMENT  OR  IN
CONJUNCTION WITH THE DEPARTMENT FOR THE PURPOSE OF LICENSING OR CERTIFY-
ING THE PROFESSIONS AND OCCUPATIONS DEFINED IN THIS ARTICLE:
  A.  THE  DEPARTMENT,  BOARD  OR  AGENCY SHALL PLACE ON FILE, AS PUBLIC
RECORDS, WITH THE COMMISSIONER THE FOLLOWING:
  (1) A COPY OF ALL QUESTIONS USED IN CALCULATING A TEST  SUBJECT'S  RAW
SCORE FROM ONE EXAMINATION FORM ADMINISTERED DURING THE PERIOD SET FORTH
BELOW;
  (2) THE CORRESPONDING ACCEPTABLE ANSWERS; AND
  (3)  ALL  RULES FOR DETERMINING A SCORE WHICH QUALIFIES AN EXAMINATION
SUBJECT FOR LICENSURE OR CERTIFICATION IN ACCORDANCE WITH THE  FOLLOWING
SCHEDULE:
  (I)  FOR EXAMINATIONS ADMINISTERED TO FIFTY THOUSAND OR MORE PEOPLE IN
NEW YORK EVERY YEAR, ALL TESTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10120-01-9

S. 3565                             2

  (II) FOR EXAMINATIONS ADMINISTERED TO TEN THOUSAND OR MORE PEOPLE  BUT
FEWER THAN FIFTY THOUSAND PEOPLE IN NEW YORK EVERY YEAR, TWICE ANNUALLY;
  (III)  FOR  EXAMINATIONS  ADMINISTERED TO FIVE THOUSAND OR MORE PEOPLE
BUT FEWER THAN TEN THOUSAND PEOPLE IN NEW YORK EVERY YEAR, ANNUALLY;
  (IV) FOR EXAMINATIONS ADMINISTERED TO TWO THOUSAND OR MORE PEOPLE  BUT
FEWER THAN FIVE THOUSAND PEOPLE IN NEW YORK EVERY YEAR, ONCE EVERY THREE
YEARS;
  (V) FOR EXAMINATIONS ADMINISTERED TO FEWER THAN TWO THOUSAND PEOPLE IN
NEW YORK EVERY YEAR, ONCE EVERY FIVE YEARS.
  B. THE DEPARTMENT OR BOARD SHALL PROMULGATE REGULATIONS:
  (1) GIVING ANY EXAMINATION SUBJECT THE OPPORTUNITY TO SECURE THE EXAM-
INATIONS DISCLOSED UNDER THIS SECTION PRIOR TO THE ADMINISTRATION OF THE
EXAMINATION SUBJECT'S EXAMINATION; AND
  (2)  TO  IMPLEMENT  THE  PROVISIONS OF THIS SECTION.   THE DEPARTMENT,
BOARD OR EXAMINATION AGENCY MAY CHARGE A NOMINAL FEE FOR PROVIDING  SUCH
INFORMATION, NOT TO EXCEED THE DIRECT COST THEREOF.
  C.  THE  DEPARTMENT, BOARD, OR EXAMINATION AGENCY SHALL PROVIDE, ALONG
WITH THE EXAMINATION QUESTIONS ALREADY DISCLOSED UNDER THIS SECTION, THE
FOLLOWING INFORMATION TO THE EXAMINATION SUBJECT:
  (1) HOW THE EXAMINATION SUBJECT MAY OBTAIN THE  EXAMINATION  QUESTIONS
ALREADY  DISCLOSED UNDER THIS SECTION PRIOR TO THE ADMINISTRATION OF THE
EXAMINATION FOR WHICH THE EXAMINATION SUBJECT HAS REGISTERED;
  (2) STATEMENTS DESIGNED TO PROVIDE INFORMATION FOR INTERPRETING  EXAM-
INATION  RESULTS, INCLUDING BUT NOT LIMITED TO, EXPLANATION OF ALL RULES
FOR DETERMINING A SCORE  WHICH  QUALIFIES  AN  EXAMINATION  SUBJECT  FOR
LICENSURE OR CERTIFICATION;
  (3)  A  COMPLETE  DESCRIPTION  OF  ANY  PROMISES OR COVENANTS THAT THE
DEPARTMENT, BOARD,  OR  EXAMINATION  AGENCY  MAKES  TO  ANY  EXAMINATION
SUBJECT  WITH REGARD TO ACCURACY OF SCORING, TIMELY FORWARDING OF INFOR-
MATION, POLICIES FOR NOTIFYING ANY EXAMINATION SUBJECT REGARDING INACCU-
RACIES IN SCORING OR SCORE REPORTING,  PROCEDURES  FOR  REVIEWING  CHAL-
LENGES BY ANY EXAMINATION SUBJECT TO THE KEYING, SCORING, WORDING OR ANY
ASPECT  OF AN EXAMINATION QUESTION OR QUESTIONS USED TO CALCULATE A TEST
SUBJECT'S RAW SCORES AND PRIVACY OF INFORMATION RELATING TO THE EXAMINA-
TION SUBJECT.
  D. THE DEPARTMENT, BOARD OR EXAMINATION AGENCY SHALL GRANT EXAMINATION
SUBJECTS WHO FAIL EXAMINATIONS THE FOLLOWING PROCEDURES:
  (1) AN EXAMINATION SUBJECT SHALL HAVE SIXTY DAYS FROM THE  DATE  EXAM-
INATION  RESULTS  ARE REPORTED TO HIM TO REQUEST THAT HIS EXAMINATION BE
RE-SCORED. SUCH RE-SCORING SHALL BE COMPLETED AND PROVIDED TO THE  EXAM-
INATION  SUBJECT WITHIN SIXTY DAYS. THE DEPARTMENT, BOARD OR EXAMINATION
AGENCY MAY CHARGE A NOMINAL FEE FOR RE-SCORING, NOT TO EXCEED THE DIRECT
COST THEREOF;
  (2) AN EXAMINATION SUBJECT SHALL BE PROVIDED WITH  AN  OPPORTUNITY  TO
REVIEW  THE  EXAMINATION  QUESTIONS  USED IN CALCULATING THE EXAMINATION
SUBJECT'S RAW SCORE, THE CORRECT ANSWER KEY FOR SUCH QUESTIONS  AND  THE
EXAMINATION  SUBJECT'S  ANSWER SHEET. SUCH OPPORTUNITY SHALL BE PROVIDED
WITHIN SIXTY DAYS FROM THE DATE THE EXAMINATION RESULTS ARE REPORTED  TO
THE EXAMINATION SUBJECT AND SHALL REMAIN AVAILABLE FOR AT LEAST A PERIOD
OF  ONE HUNDRED EIGHTY DAYS. THE DEPARTMENT, BOARD OR EXAMINATION AGENCY
MAY REQUIRE THE EXAMINATION SUBJECT TO FOLLOW  SUCH  PROCEDURES  AS  ARE
NECESSARY  TO  SAFEGUARD THE SECURITY OF EXAMINATION QUESTIONS WHICH ARE
NOT DISCLOSED PURSUANT  TO  THIS  SECTION.  SUCH  PROCEDURES  SHALL  NOT
PROHIBIT THE EXAMINATION SUBJECT FROM PREPARING WRITTEN NOTES SUFFICIENT
TO FILE AN APPEAL AS DEFINED IN PARAGRAPH THREE OF THIS SUBDIVISION;

S. 3565                             3

  (3)  AN  EXAMINATION  SUBJECT  MAY  FILE AN APPEAL OF HIS SCORE TO THE
DEPARTMENT, BOARD OR EXAMINATION AGENCY DURING THE PERIOD  IN  WHICH  HE
CAN REVIEW HIS EXAMINATION AND MUST RECEIVE A WRITTEN REPLY WITHIN NINE-
TY DAYS;
  (4)  AN  EXAMINATION  SUBJECT SHALL BE NOTIFIED OF THESE PROCEDURES IN
WRITING AT THE TIME HE REGISTERS FOR AN  EXAMINATION,  AT  THE  TIME  AN
EXAMINATION  IS  ADMINISTERED,  AND  AT  THE TIME EXAMINATION SCORES ARE
REPORTED TO HIM.
  E. AS USED IN THIS SECTION:
  (1) "EXAMINATION" MEANS ANY WRITTEN  EXAMINATION  GIVEN  IN  NEW  YORK
WHICH  IS  DESIGNED  FOR USE AND USED IN THE PROCESS OF ADMISSION TO THE
PRACTICE OF THE  PROFESSIONS  DEFINED  IN  SECTIONS  SIX  THOUSAND  FIVE
HUNDRED TWENTY THROUGH EIGHT THOUSAND TWO HUNDRED NINE OF THIS CHAPTER;
  (2)  "EXAMINATION  SUBJECT" MEANS AN INDIVIDUAL TO WHOM AN EXAMINATION
IS ADMINISTERED;
  (3) "EXAMINATION AGENCY" MEANS ANY ORGANIZATION,  ASSOCIATION,  CORPO-
RATION,  PARTNERSHIP, OR INDIVIDUAL OR PERSON THAT DEVELOPS, SPONSORS OR
ADMINISTERS AN EXAMINATION.
  S 3. The insurance law is amended by adding a new section 2137 to read
as follows:
  S 2137. TESTING. FOR ANY EXAMINATION PREPARED OR ADMINISTERED  BY  THE
SUPERINTENDENT OR IN CONJUNCTION WITH THE SUPERINTENDENT FOR THE PURPOSE
OF  LICENSING INSURANCE AGENTS, INSURANCE BROKERS, INSURANCE CONSULTANTS
OR INSURANCE ADJUSTERS AS DEFINED IN SECTIONS TWO THOUSAND  ONE  HUNDRED
THREE, TWO THOUSAND ONE HUNDRED FOUR, TWO THOUSAND ONE HUNDRED SEVEN AND
TWO THOUSAND ONE HUNDRED EIGHT OF THIS ARTICLE:
  (A)  THE  SUPERINTENDENT OR EXAMINATION AGENCY SHALL PLACE ON FILE, AS
PUBLIC RECORDS, WITH THE SUPERINTENDENT THE FOLLOWING:
  (1) A COPY OF ALL QUESTIONS USED IN CALCULATING A TEST  SUBJECT'S  RAW
SCORE FROM ONE EXAMINATION FORM ADMINISTERED DURING THE PERIOD SET FORTH
BELOW;
  (2) THE CORRESPONDING ACCEPTABLE ANSWERS; AND
  (3)  ALL  RULES FOR DETERMINING A SCORE WHICH QUALIFIES AN EXAMINATION
SUBJECT FOR LICENSURE OR CERTIFICATION IN ACCORDANCE WITH THE  FOLLOWING
SCHEDULE:
  (A)  FOR EXAMINATIONS ADMINISTERED TO FIFTY THOUSAND OR MORE PEOPLE IN
NEW YORK EVERY YEAR, ALL TESTS;
  (B) FOR EXAMINATIONS ADMINISTERED TO TEN THOUSAND OR MORE  PEOPLE  BUT
FEWER THAN FIFTY THOUSAND PEOPLE IN NEW YORK EVERY YEAR, TWICE ANNUALLY;
  (C) FOR EXAMINATIONS ADMINISTERED TO FIVE THOUSAND OR MORE PEOPLE  BUT
FEWER THAN TEN THOUSAND PEOPLE IN NEW YORK EVERY YEAR, ANNUALLY;
  (D)  FOR  EXAMINATIONS ADMINISTERED TO TWO THOUSAND OR MORE PEOPLE BUT
FEWER THAN FIVE THOUSAND PEOPLE IN NEW YORK EVERY YEAR, ONCE EVERY THREE
YEARS;
  (E) FOR EXAMINATIONS ADMINISTERED TO FEWER THAN TWO THOUSAND PEOPLE IN
NEW YORK EVERY YEAR, ONCE EVERY FIVE YEARS.
  (B) THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS:
  (1) GIVING ANY EXAMINATION SUBJECT THE OPPORTUNITY TO SECURE THE EXAM-
INATIONS DISCLOSED UNDER THIS SECTION PRIOR TO THE ADMINISTRATION OF THE
EXAMINATION SUBJECT'S EXAMINATION; AND
  (2) TO IMPLEMENT THE PROVISIONS OF THIS SECTION. THE SUPERINTENDENT OR
EXAMINATION AGENCY MAY CHARGE A NOMINAL FEE FOR PROVIDING SUCH  INFORMA-
TION, NOT TO EXCEED THE DIRECT COST THEREOF.
  (C) THE SUPERINTENDENT OR EXAMINATION AGENCY SHALL PROVIDE, ALONG WITH
THE  EXAMINATION  QUESTIONS  ALREADY  DISCLOSED  UNDER THIS SECTION, THE
FOLLOWING INFORMATION TO THE EXAMINATION SUBJECT:

S. 3565                             4

  (1) HOW THE EXAMINATION SUBJECT MAY OBTAIN THE  EXAMINATION  QUESTIONS
ALREADY  DISCLOSED UNDER THIS SECTION PRIOR TO THE ADMINISTRATION OF THE
EXAMINATION FOR WHICH THE EXAMINATION SUBJECT HAS REGISTERED;
  (2)  STATEMENTS DESIGNED TO PROVIDE INFORMATION FOR INTERPRETING EXAM-
INATION RESULTS, INCLUDING BUT NOT LIMITED TO, EXPLANATION OF ALL  RULES
FOR  DETERMINING  A  SCORE  WHICH  QUALIFIES  AN EXAMINATION SUBJECT FOR
LICENSURE OR CERTIFICATION;
  (3) A COMPLETE DESCRIPTION OF  ANY  PROMISES  OR  COVENANTS  THAT  THE
SUPERINTENDENT  OR  EXAMINATION  AGENCY MAKES TO ANY EXAMINATION SUBJECT
WITH REGARD TO ACCURACY OF SCORING, TIMELY  FORWARDING  OF  INFORMATION,
POLICIES FOR NOTIFYING ANY EXAMINATION SUBJECT REGARDING INACCURACIES IN
SCORING  OR  SCORE REPORTING, PROCEDURES FOR REVIEWING CHALLENGES BY ANY
EXAMINATION SUBJECT TO THE KEYING, SCORING, WORDING OR ANY ASPECT OF  AN
EXAMINATION QUESTION OR QUESTIONS USED TO CALCULATE A TEST SUBJECT'S RAW
SCORES AND PRIVACY OF INFORMATION RELATING TO THE EXAMINATION SUBJECT.
  (D)  THE  SUPERINTENDENT OR EXAMINATION AGENCY SHALL GRANT EXAMINATION
SUBJECTS WHO FAIL EXAMINATIONS THE FOLLOWING PROCEDURES:
  (1) AN EXAMINATION SUBJECT SHALL HAVE SIXTY DAYS FROM THE  DATE  EXAM-
INATION  RESULTS  ARE REPORTED TO HIM TO REQUEST THAT HIS EXAMINATION BE
RE-SCORED. SUCH RE-SCORING SHALL BE COMPLETED AND PROVIDED TO THE  EXAM-
INATION  SUBJECT  WITHIN  SIXTY  DAYS. THE SUPERINTENDENT OR EXAMINATION
AGENCY MAY CHARGE A NOMINAL FEE FOR RE-SCORING, NOT TO EXCEED THE DIRECT
COST THEREOF;
  (2) AN EXAMINATION SUBJECT SHALL BE PROVIDED WITH  AN  OPPORTUNITY  TO
REVIEW  THE  EXAMINATION  QUESTIONS  USED IN CALCULATING THE EXAMINATION
SUBJECT'S RAW SCORE, THE CORRECT ANSWER KEY FOR SUCH QUESTIONS, AND  THE
EXAMINATION  SUBJECT'S  ANSWER SHEET. SUCH OPPORTUNITY SHALL BE PROVIDED
WITHIN SIXTY DAYS FROM THE DATE THE EXAMINATION RESULTS ARE REPORTED  TO
THE EXAMINATION SUBJECT AND SHALL REMAIN AVAILABLE FOR AT LEAST A PERIOD
OF ONE HUNDRED EIGHTY DAYS. THE SUPERINTENDENT OR EXAMINATION AGENCY MAY
REQUIRE  THE EXAMINATION SUBJECT TO FOLLOW SUCH PROCEDURES AS ARE NECES-
SARY TO SAFEGUARD THE SECURITY OF EXAMINATION QUESTIONS  WHICH  ARE  NOT
DISCLOSED  PURSUANT  TO THIS SECTION. SUCH PROCEDURES SHALL NOT PROHIBIT
THE EXAMINATION SUBJECT FROM PREPARING WRITTEN NOTES SUFFICIENT TO  FILE
AN APPEAL AS DEFINED IN PARAGRAPH THREE OF THIS SUBSECTION;
  (3)  AN  EXAMINATION  SUBJECT  MAY  FILE AN APPEAL OF HIS SCORE TO THE
SUPERINTENDENT OR EXAMINATION AGENCY DURING THE PERIOD IN WHICH  HE  CAN
REVIEW  HIS  EXAMINATION  AND MUST RECEIVE A WRITTEN REPLY WITHIN NINETY
DAYS;
  (4) AN EXAMINATION SUBJECT SHALL BE NOTIFIED OF  THESE  PROCEDURES  IN
WRITING  AT  THE  TIME  HE  REGISTERS FOR AN EXAMINATION, AT THE TIME AN
EXAMINATION IS ADMINISTERED AND  AT  THE  TIME  EXAMINATION  SCORES  ARE
REPORTED TO HIM.
  (E) AS USED IN THIS SECTION:
  (1)  "EXAMINATION"  MEANS  ANY  WRITTEN  EXAMINATION GIVEN IN NEW YORK
WHICH IS DESIGNED FOR USE AND USED IN THE PROCESS OF  LICENSING  OCCUPA-
TIONS  DEFINED  IN SECTIONS TWO THOUSAND ONE HUNDRED THREE, TWO THOUSAND
ONE HUNDRED FOUR, TWO THOUSAND ONE HUNDRED SEVEN AND  TWO  THOUSAND  ONE
HUNDRED EIGHT OF THIS ARTICLE;
  (2)  "EXAMINATION  SUBJECT" MEANS AN INDIVIDUAL TO WHOM AN EXAMINATION
IS ADMINISTERED;
  (3) "EXAMINATION AGENCY" MEANS ANY ORGANIZATION,  ASSOCIATION,  CORPO-
RATION,  PARTNERSHIP, OR INDIVIDUAL OR PERSON THAT DEVELOPS, SPONSORS OR
ADMINISTERS AN EXAMINATION.
  S 4. The real property law is amended by adding a new section 440-c to
read as follows:

S. 3565                             5

  S 440-C. TESTING. FOR ANY EXAMINATION PREPARED OR ADMINISTERED BY  THE
DEPARTMENT  OR  IN  CONJUNCTION  WITH  THE DEPARTMENT FOR THE PURPOSE OF
LICENSING REAL ESTATE BROKERS OR REAL  ESTATE  SALESMEN  AS  DEFINED  IN
SECTION FOUR HUNDRED FORTY OF THIS ARTICLE:
  1. THE DEPARTMENT OR EXAMINATION AGENCY SHALL PLACE ON FILE, AS PUBLIC
RECORDS, WITH THE SECRETARY OF STATE THE FOLLOWING:
  (A)  A  COPY OF ALL QUESTIONS USED IN CALCULATING A TEST SUBJECT'S RAW
SCORE FROM ONE EXAMINATION FORM ADMINISTERED DURING THE PERIOD SET FORTH
BELOW;
  (B) THE CORRESPONDING ACCEPTABLE ANSWERS; AND
  (C) ALL RULES FOR DETERMINING A SCORE WHICH QUALIFIES  AN  EXAMINATION
SUBJECT  FOR LICENSURE OR CERTIFICATION IN ACCORDANCE WITH THE FOLLOWING
SCHEDULE:
  (I) FOR EXAMINATIONS ADMINISTERED TO FIFTY THOUSAND OR MORE PEOPLE  IN
NEW YORK EVERY YEAR, ALL TESTS;
  (II)  FOR EXAMINATIONS ADMINISTERED TO TEN THOUSAND OR MORE PEOPLE BUT
FEWER THAN FIFTY THOUSAND PEOPLE IN NEW YORK EVERY YEAR, TWICE ANNUALLY;
  (III) FOR EXAMINATIONS ADMINISTERED TO FIVE THOUSAND  OR  MORE  PEOPLE
BUT FEWER THAN TEN THOUSAND PEOPLE IN NEW YORK EVERY YEAR, ANNUALLY;
  (IV)  FOR EXAMINATIONS ADMINISTERED TO TWO THOUSAND OR MORE PEOPLE BUT
FEWER THAN FIVE THOUSAND PEOPLE IN NEW YORK EVERY YEAR, ONCE EVERY THREE
YEARS;
  (V) FOR EXAMINATIONS ADMINISTERED TO FEWER THAN TWO THOUSAND PEOPLE IN
NEW YORK EVERY YEAR, ONCE EVERY FIVE YEARS.
  2. THE DEPARTMENT SHALL PROMULGATE REGULATIONS:
  (A) GIVING ANY EXAMINATION SUBJECT THE OPPORTUNITY TO SECURE THE EXAM-
INATIONS DISCLOSED UNDER THIS SECTION PRIOR TO THE ADMINISTRATION OF THE
EXAMINATION SUBJECT'S EXAMINATION; AND
  (B) TO IMPLEMENT THE PROVISIONS OF THIS  SECTION.  THE  DEPARTMENT  OR
EXAMINATION  AGENCY MAY CHARGE A NOMINAL FEE FOR PROVIDING SUCH INFORMA-
TION, NOT TO EXCEED THE DIRECT COST THEREOF.
  3. THE DEPARTMENT OR EXAMINATION AGENCY SHALL PROVIDE, ALONG WITH  THE
EXAMINATION  QUESTIONS ALREADY DISCLOSED UNDER THIS SECTION, THE FOLLOW-
ING INFORMATION TO THE EXAMINATION SUBJECT:
  (A) HOW THE EXAMINATION SUBJECT MAY OBTAIN THE  EXAMINATION  QUESTIONS
ALREADY  DISCLOSED UNDER THIS SECTION PRIOR TO THE ADMINISTRATION OF THE
EXAMINATION FOR WHICH THE EXAMINATION SUBJECT HAS REGISTERED;
  (B) STATEMENTS DESIGNED TO PROVIDE INFORMATION FOR INTERPRETING  EXAM-
INATION  RESULTS, INCLUDING BUT NOT LIMITED TO, EXPLANATION OF ALL RULES
FOR DETERMINING A SCORE  WHICH  QUALIFIES  AN  EXAMINATION  SUBJECT  FOR
LICENSURE OR CERTIFICATION;
  (C)  A  COMPLETE  DESCRIPTION  OF  ANY  PROMISES OR COVENANTS THAT THE
DEPARTMENT OR EXAMINATION AGENCY MAKES TO ANY EXAMINATION  SUBJECT  WITH
REGARD  TO  ACCURACY OF SCORING, TIMELY FORWARDING OF INFORMATION, POLI-
CIES FOR NOTIFYING ANY EXAMINATION  SUBJECT  REGARDING  INACCURACIES  IN
SCORING  OR  SCORE REPORTING, PROCEDURES FOR REVIEWING CHALLENGES BY ANY
EXAMINATION SUBJECT TO THE KEYING, SCORING, WORDING OR ANY ASPECT OF  AN
EXAMINATION QUESTION OR QUESTIONS USED TO CALCULATE A TEST SUBJECT'S RAW
SCORES AND PRIVACY OF INFORMATION RELATING TO THE EXAMINATION SUBJECT.
  4.  THE  DEPARTMENT  OR  EXAMINATION  AGENCY  SHALL  GRANT EXAMINATION
SUBJECTS WHO FAIL EXAMINATIONS THE FOLLOWING PROCEDURES:
  (A) AN EXAMINATION SUBJECT SHALL HAVE SIXTY DAYS FROM THE  DATE  EXAM-
INATION  RESULTS  ARE REPORTED TO HIM TO REQUEST THAT HIS EXAMINATION BE
RE-SCORED. SUCH RE-SCORING SHALL BE COMPLETED AND PROVIDED TO THE  EXAM-
INATION  SUBJECT WITHIN SIXTY DAYS. THE DEPARTMENT OR EXAMINATION AGENCY

S. 3565                             6

MAY CHARGE A NOMINAL FEE FOR RE-SCORING, NOT TO EXCEED THE  DIRECT  COST
THEREOF;
  (B)  AN  EXAMINATION  SUBJECT SHALL BE PROVIDED WITH AN OPPORTUNITY TO
REVIEW THE EXAMINATION QUESTIONS USED  IN  CALCULATING  THE  EXAMINATION
SUBJECT'S  RAW SCORE, THE CORRECT ANSWER KEY FOR SUCH QUESTIONS, AND THE
EXAMINATION SUBJECT'S ANSWER SHEET. SUCH OPPORTUNITY SHALL  BE  PROVIDED
WITHIN  SIXTY DAYS FROM THE DATE THE EXAMINATION RESULTS ARE REPORTED TO
THE EXAMINATION SUBJECT AND SHALL REMAIN AVAILABLE FOR AT LEAST A PERIOD
OF ONE HUNDRED EIGHTY DAYS. THE DEPARTMENT  OR  EXAMINATION  AGENCY  MAY
REQUIRE  THE EXAMINATION SUBJECT TO FOLLOW SUCH PROCEDURES AS ARE NECES-
SARY TO SAFEGUARD THE SECURITY OF EXAMINATION QUESTIONS  WHICH  ARE  NOT
DISCLOSED  PURSUANT  TO THIS SECTION. SUCH PROCEDURES SHALL NOT PROHIBIT
THE EXAMINATION SUBJECT FROM PREPARING WRITTEN NOTES SUFFICIENT TO  FILE
AN APPEAL AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION;
  (C)  AN  EXAMINATION  SUBJECT  MAY  FILE AN APPEAL OF HIS SCORE TO THE
DEPARTMENT OR EXAMINATION AGENCY DURING  THE  PERIOD  IN  WHICH  HE  CAN
REVIEW  HIS  EXAMINATION  AND MUST RECEIVE A WRITTEN REPLY WITHIN NINETY
DAYS;
  (D) AN EXAMINATION SUBJECT SHALL BE NOTIFIED OF  THESE  PROCEDURES  IN
WRITING  AT  THE  TIME  HE  REGISTERS FOR AN EXAMINATION, AT THE TIME AN
EXAMINATION IS ADMINISTERED, AND AT  THE  TIME  EXAMINATION  SCORES  ARE
REPORTED TO HIM.
  5. AS USED IN THIS SECTION:
  (A) "DEPARTMENT" MEANS THE DEPARTMENT OF STATE;
  (B)  "EXAMINATION"  MEANS  ANY  WRITTEN  EXAMINATION GIVEN IN NEW YORK
WHICH IS DESIGNED FOR USE AND USED IN  THE  PROCESS  OF  LICENSING  REAL
ESTATE  BROKERS  OR  REAL  ESTATE  SALESMEN  AS  DEFINED IN SECTION FOUR
HUNDRED FORTY OF THIS ARTICLE;
  (C) "EXAMINATION SUBJECT" MEANS AN INDIVIDUAL TO WHOM  AN  EXAMINATION
IS ADMINISTERED;
  (D)  "EXAMINATION  AGENCY" MEANS ANY ORGANIZATION, ASSOCIATION, CORPO-
RATION, PARTNERSHIP, OR INDIVIDUAL OR PERSON THAT DEVELOPS, SPONSORS  OR
ADMINISTERS AN EXAMINATION.
  S 5. The executive law is amended by adding a new section 90-a to read
as follows:
  S  90-A.  TESTING. FOR ANY EXAMINATION PREPARED OR ADMINISTERED BY THE
DEPARTMENT OR IN CONJUNCTION WITH THE  DEPARTMENT  FOR  THE  PURPOSE  OF
LICENSING INDIVIDUALS FOR ANY OCCUPATIONS REGULATED BY THE DEPARTMENT:
  1. THE DEPARTMENT OR EXAMINATION AGENCY SHALL PLACE ON FILE, AS PUBLIC
RECORDS, WITH THE SECRETARY THE FOLLOWING:
  (A)  A  COPY OF ALL QUESTIONS USED IN CALCULATING A TEST SUBJECT'S RAW
SCORE FROM ONE EXAMINATION FORM ADMINISTERED DURING THE PERIOD SET FORTH
BELOW;
  (B) THE CORRESPONDING ACCEPTABLE ANSWERS; AND
  (C) ALL RULES FOR DETERMINING A SCORE WHICH QUALIFIES  AN  EXAMINATION
SUBJECT  FOR LICENSURE OR CERTIFICATION IN ACCORDANCE WITH THE FOLLOWING
SCHEDULE:
  (I) FOR EXAMINATIONS ADMINISTERED TO FIFTY THOUSAND OR MORE PEOPLE  IN
NEW YORK EVERY YEAR, ALL TESTS;
  (II)  FOR EXAMINATIONS ADMINISTERED TO TEN THOUSAND OR MORE PEOPLE BUT
FEWER THAN FIFTY THOUSAND PEOPLE IN NEW YORK EVERY YEAR, TWICE ANNUALLY;
  (III) FOR EXAMINATIONS ADMINISTERED TO FIVE THOUSAND  OR  MORE  PEOPLE
BUT FEWER THAN TEN THOUSAND PEOPLE IN NEW YORK EVERY YEAR, ANNUALLY;
  (IV)  FOR EXAMINATIONS ADMINISTERED TO TWO THOUSAND OR MORE PEOPLE BUT
FEWER THAN FIVE THOUSAND PEOPLE IN NEW YORK EVERY YEAR, ONCE EVERY THREE
YEARS;

S. 3565                             7

  (V) FOR EXAMINATIONS ADMINISTERED TO FEWER THAN TWO THOUSAND PEOPLE IN
NEW YORK EVERY YEAR, ONCE EVERY FIVE YEARS.
  2. THE DEPARTMENT SHALL PROMULGATE REGULATIONS:
  (A) GIVING ANY EXAMINATION SUBJECT THE OPPORTUNITY TO SECURE THE EXAM-
INATION  DISCLOSED UNDER THIS SECTION PRIOR TO THE ADMINISTRATION OF THE
EXAMINATION SUBJECT'S EXAMINATION; AND
  (B) TO IMPLEMENT THE PROVISIONS OF THIS  SECTION.  THE  DEPARTMENT  OR
EXAMINATION  AGENCY MAY CHARGE A NOMINAL FEE FOR PROVIDING SUCH INFORMA-
TION, NOT TO EXCEED THE DIRECT COST THEREOF.
  3. THE DEPARTMENT OR EXAMINATION AGENCY SHALL PROVIDE, ALONG WITH  THE
EXAMINATION  QUESTIONS ALREADY DISCLOSED UNDER THIS SECTION, THE FOLLOW-
ING INFORMATION TO THE EXAMINATION SUBJECT:
  (A) HOW THE EXAMINATION SUBJECT MAY OBTAIN THE  EXAMINATION  QUESTIONS
ALREADY  DISCLOSED UNDER THIS SECTION PRIOR TO THE ADMINISTRATION OF THE
EXAMINATION FOR WHICH THE EXAMINATION SUBJECT HAS REGISTERED;
  (B) STATEMENTS DESIGNED TO PROVIDE INFORMATION FOR INTERPRETING  EXAM-
INATION  RESULTS, INCLUDING BUT NOT LIMITED TO, EXPLANATION OF ALL RULES
FOR DETERMINING A SCORE  WHICH  QUALIFIES  AN  EXAMINATION  SUBJECT  FOR
LICENSURE OR CERTIFICATION;
  (C)  A  COMPLETE  DESCRIPTION  OF  ANY  PROMISES OR COVENANTS THAT THE
DEPARTMENT OR EXAMINATION AGENCY MAKES TO ANY EXAMINATION  SUBJECT  WITH
REGARD  TO  ACCURACY OF SCORING, TIMELY FORWARDING OF INFORMATION, POLI-
CIES FOR NOTIFYING ANY EXAMINATION  SUBJECT  REGARDING  INACCURACIES  IN
SCORING  OR  SCORE REPORTING, PROCEDURES FOR REVIEWING CHALLENGES BY ANY
EXAMINATION SUBJECT TO THE KEYING, SCORING, WORDING OR ANY ASPECT OF  AN
EXAMINATION QUESTION OR QUESTIONS USED TO CALCULATE A TEST SUBJECT'S RAW
SCORES AND PRIVACY OF INFORMATION RELATING TO THE EXAMINATION SUBJECT.
  4.  THE  DEPARTMENT  OR  EXAMINATION  AGENCY  SHALL  GRANT EXAMINATION
SUBJECTS WHO FAIL EXAMINATIONS THE FOLLOWING PROCEDURES:
  (A) AN EXAMINATION SUBJECT SHALL HAVE SIXTY DAYS FROM THE  DATE  EXAM-
INATION  RESULTS  ARE REPORTED TO HIM TO REQUEST THAT HIS EXAMINATION BE
RE-SCORED. SUCH RE-SCORING SHALL BE COMPLETED AND PROVIDED TO THE  EXAM-
INATION  SUBJECT WITHIN SIXTY DAYS. THE DEPARTMENT OR EXAMINATION AGENCY
MAY CHARGE A NOMINAL FEE FOR RE-SCORING, NOT TO EXCEED THE  DIRECT  COST
THEREOF;
  (B)  AN  EXAMINATION  SUBJECT SHALL BE PROVIDED WITH AN OPPORTUNITY TO
REVIEW THE EXAMINATION QUESTIONS USED  IN  CALCULATING  THE  EXAMINATION
SUBJECT'S  RAW SCORE, THE CORRECT ANSWER KEY FOR SUCH QUESTIONS, AND THE
EXAMINATION SUBJECT'S ANSWER SHEET. SUCH OPPORTUNITY SHALL  BE  PROVIDED
WITHIN  SIXTY DAYS FROM THE DATE THE EXAMINATION RESULTS ARE REPORTED TO
THE EXAMINATION SUBJECT AND SHALL REMAIN AVAILABLE FOR AT LEAST A PERIOD
OF ONE HUNDRED EIGHTY DAYS. THE DEPARTMENT  OR  EXAMINATION  AGENCY  MAY
REQUIRE  THE EXAMINATION SUBJECT TO FOLLOW SUCH PROCEDURES AS ARE NECES-
SARY TO SAFEGUARD THE SECURITY OF EXAMINATION QUESTIONS  WHICH  ARE  NOT
DISCLOSED  PURSUANT  TO  THIS SECTION. SUCH PROCEDURE SHALL NOT PROHIBIT
THE EXAMINATION SUBJECT FROM PREPARING WRITTEN NOTES SUFFICIENT TO  FILE
AN APPEAL AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION;
  (C)  AN  EXAMINATION  SUBJECT  MAY  FILE AN APPEAL OF HIS SCORE TO THE
DEPARTMENT OR EXAMINATION AGENCY DURING  THE  PERIOD  IN  WHICH  HE  CAN
REVIEW  HIS  EXAMINATION  AND MUST RECEIVE A WRITTEN REPLY WITHIN NINETY
DAYS;
  (D) AN EXAMINATION SUBJECT SHALL BE NOTIFIED OF  THESE  PROCEDURES  IN
WRITING  AT  THE  TIME  HE  REGISTERS FOR AN EXAMINATION, AT THE TIME AN
EXAMINATION IS ADMINISTERED, AND AT  THE  TIME  EXAMINATION  SCORES  ARE
REPORTED TO HIM.
  5. AS USED IN THIS SECTION:

S. 3565                             8

  (A)  "EXAMINATION"  MEANS  ANY  WRITTEN EXAMINATIONS GIVEN IN NEW YORK
WHICH ARE DESIGNED FOR USE AND USED IN THE PROCESS OF LICENSING INDIVID-
UALS FOR ANY OCCUPATIONS REGULATED BY THE DEPARTMENT;
  (B)  "EXAMINATION  SUBJECT" MEANS AN INDIVIDUAL TO WHOM AN EXAMINATION
IS ADMINISTERED;
  (C) "EXAMINATION AGENCY" MEANS ANY ORGANIZATION,  ASSOCIATION,  CORPO-
RATION,  PARTNERSHIP, OR INDIVIDUAL OR PERSON THAT DEVELOPS, SPONSORS OR
ADMINISTERS AN EXAMINATION.
  S 6. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3565

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

2009-S3565 (ACTIVE) - Details

2009-S3565 (ACTIVE) - Summary

2009-S3565 (ACTIVE) - Sponsor Memo

2009-S3565 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S3565

Senate Bill S3565

Share this bill

Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

2009-S3565 (ACTIVE) - Details

2009-S3565 (ACTIVE) - Summary

2009-S3565 (ACTIVE) - Sponsor Memo

2009-S3565 (ACTIVE) - Bill Text download pdf

Comments