Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Due process
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 7-A
§ 344-b. Due process. Each test agency shall ensure due process
protection of test subjects whose scores are being questioned for
suspected inauthenticity or irregularity in test administration.

1. When a test agency is presented with information which renders the
test subject's test score suspect, whether that information is in the
form of allegations of collusion or cheating, or irregular test
administration, or irregular statistical data, or any other form, the
test agency is responsible for reviewing the information and determining
if withholding the test subject's score is warranted.

2. If the test agency determines that withholding the test subject's
score is warranted, the test agency shall give the test subject written
notice of the test agency's decision. The notice shall be sent by
registered mail not later than five working days after the test agency's

3. The notice to the test subject shall include all of the following:

(a) a complete summary of the information submitted to the test agency
and relied upon by the test agency to withhold the score;

(b) a complete summary of the pertinent facts surrounding the

(c) a statement of the test subject's right to receive, upon request,
details supporting the complete summaries referred to in paragraphs (a)
and (b) of this subdivision;

(d) the policies and procedures that were followed by the test agency
in reviewing and rendering a decision to investigate the test score;

(e) the potential consequences which may result from the
investigation, such as withholding or invalidating the test score;

(f) a summary of the information that may be submitted to the test
agency by the test subject to support the authenticity of the test
score; and

(g) a statement informing the test subject that the opportunity to
respond to the notice will be afforded for not more than fifteen working
days following the date the notice was delivered. No final decision on
the question of suspected irregularity or inauthenticity shall be
rendered by the test agency until the test subject under investigation
has responded, or the time for doing so has expired, whichever occurs

4. After the time period specified in paragraph (g) of subdivision
three of this section has expired, the test agency shall review all of
the evidence and shall make a good faith effort to render a decision
regarding the authenticity of the score, within fifteen working days and
notify the test subject immediately. No test agency shall cancel or
invalidate a test subject's test scores on the basis of an alleged
irregularity or inauthenticity unless, after all evidence has been
considered by the test agency, substantial evidence resulting from an
investigation conducted pursuant to this section supports the
cancellation or invalidation.

5. When the test agency determines that substantial evidence exists to
support cancellation or invalidation of a test score, the test agency
shall provide the test subject with a choice of the following options:

(a) cancellation of the test scores in question, with full refund of
all test fees;

(b) an opportunity to take the test again privately and without
charge; or

(c) an opportunity to seek arbitration or judicial review of the

6. The test subject shall have thirty days following receipt of the
notice by registered mail to respond to the notice of inauthenticity or

7. If the test subject responds to the notice of inauthenticity or
irregularity of test scores sent by the test agency within the time
period specified by subdivision six of this section, the test agency
shall review the contents of the response and comply with one of the

(a) If the test subject requests cancellation of the test scores, a
full refund of all test fees will be provided within a reasonable

(b) If the test subject requests an opportunity to take the test again
privately and without charge, the test agency shall make appropriate
accommodations that are mutually agreed upon by the test agency and test
subject so the test subject has sufficient time to prepare for the
retest. The retest shall be given in a reasonable and timely manner. If
the score on the retest is higher, the higher score shall be reported.

(c) Nothing in this section precludes the parties from seeking
resolution of the testing problems by either judicial review or
arbitration. The test agency and the test subject shall make a good
faith effort to complete an arbitration process in no more than thirty
days after the election of such option.

8. The test agency shall not release confidential information to any
authorized test score recipients regarding a test subject under pending
investigation, unless authorized to do so by the test subject.

9. The test agency shall immediately release the test score to the
test subject and the test score recipients, if any, where substantial
evidence does not exist to render the inauthenticity or irregularity of
the test score.

10. The procedures prescribed in this section do not apply to
instances where the cancellation of all test scores results from the
complete disruption of the administration of the test, such as by
natural disasters, national emergencies, inadequate or improper test
conditions, answer sheet printing errors, or testing agency errors.

11. Time procedures described in this section shall not apply in those
instances where test scores have already been reported to test score