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7. "Pretest question"

any question or group of questions on a test not used to calculate the reported scores of a test subject, used to equate scores for that test.

၌ 2. Subdivision 1 of section 341 of the education law, as amended by chapter 813 of the laws of 1980, is amended to read as follows:

1. Whenever any test agency prepares causes to have prepared research which is used in any study, evaluation statistical report pertaining to a test operational after January first, nineteen hundred eighty, such study, evaluation report shall be filed with the commissioner. This section shall apply to any unpublished study, evaluation or statistical report cited in memoranda of support

opposition to legislation or proposed rules and regulations relating to standardized testing written or published by the test agency or its employees in behalf of the test agency on or after July first, nineteen hundred ninety-three. § 3. Section 342 of the education law is amended by adding a new sub

9. SEach test agency shall report the following information to the commissioner annually:

the dates of each test administered by the test agency during the testing year;

b. the total number of test subjects who took the test at each administration;

the total amount of fees received from test subjects by the test agency for the test for that testing, year; and

d. those expenses which are directly attributable to the test and those expenses which are indirectly attributable to the test. The test agency shall also list expenses indirectly attributable to all activities of the test agency, including expenses not identifiable

attributable to a test.

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§ 4. Paragraph b of subdivision 1 of section 343 of the education law, as added by chapter 813 of the laws of 1980,

amended to read follows:

b. statements designed to provide information for interpreting test results, including but not limited to, explanations of the test score scale, the standard error of measurement of the test, and a list of available correlations between test scores and grades, successful pletion of a course[] of study and parental income; however, where a range of the correlations of such studies is given, a median correlation must also be provided;

§ 5. Subdivision 1 of section 343 of the education law is amended by adding eight new paragraphs g through n to read as follows: 8.

how the test subject may obtain information required to be available under section three hundred forty-four-b of this article;

h. clear, easily understood written description of each section of the test, including an indication of whether the test contains sections of equating questions together with a statement of the purpose of such, and an indication of whether the test contains sections of pretest questions together with a statement of the purpose of such;,

i. a description of all services which will be provided at the location of the test administration to accommodate handicapped disabled test subjects;

j. a concise summary of test administration procedures which provides essential information to the test subject about the conduct of the test including the duties and responsibilities of the test proctor or supervisor and the actions a test subject may take in the event of any problems which may arise in the course of taking the test;

k. statement of the test agency's recommendations as to how test scores shall be used by an institution to which scores are reported, including any recommendation regarding the importance that the institution should give to such scores relative to other factors, such

prior academic record, in making any decision affecting a test subject;

1. a description of how test subjects can receive additional information from test sponsors about the appropriate use of test scores;

information which clearly describes the test subjects' rights included in section three hundred forty-four-c of this article; and EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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information documenting procedures used by the test agency to in. sure that the test is fair to all test takers regardless of racial, ethnic, gender or regional background.

§ 6. Section 343 of the education law is amended by adding two new subdivisions 3 and 4 to read as follows:

3. The trustees of a public system of postsecondary education shall establish a schedule whereby any campus which requires submission of test scores in its undergraduate admissions process shall conduct and file with the commissioner once every four years a study of the degree to which such scores and high school grades, class rank or other factors considered in making undergraduate admissions decisions relate to academic performance of the students it admitted in the previous academic year. Such report shall not contain information identifiable with any individual test subject.

4. Each public post secondary institution shall include in its catalog or bullet in a statement whether applicants for undergraduate admission

required to submit test scores. Such statement shall clearly state how test scores are used in the decision process, how multiple score reports

treated, whether component scores are sumned or averaged, and how test scores are used in placement decisions.

§ 7. The education law is amended by adding three new sections 344-a, 344-b and 344-C to read as follows:

344-a. Pretest questions. The test agency shall cooperate with a study conducted under the auspices of the National Research Council of the effects of pretesting on test subjects' performance. The results of such study shall be made available to the chair of the higher education committee in the senate and the chair of the higher education committee in the assembly. S 344-b. Due process.

Each test agency shall ensure due process protection of test subjects whose

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 decision.

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 investigation; (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) this 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) 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

(8) statement informing the test subject that the opportunity to respond to the notice will be afforded for not more than fifteen working day's 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 first.

4. After the time period specified in paragraph (R) 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

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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.

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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) opportunity to take the

test again privately and without charge; or

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

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

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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

of the following:

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

(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 plete 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 recipients.

§ 344-0. Additional test subject rights. A test subject who must retake a test because of an error by the test agency, may not be charged for taking the retest.

5 8. This act shall take effect July 1, 1993, provided however, that section 344-a of the education law, as added by section

of this act, shall take effect September 1, 1992 and subdivision 3 of section 343' of the education law, as added by section six of this act, shall expire and be deemed repealed on July 1, 1998. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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CHAPTER 846

AN ACT to legalize, validate, ratify, and confirm the acts and proceed

ings of the zoning commission and the town board of the town of Ancram, in the county of Columbia, in connection with the adoption of the town of Ancram zoning ordinance on November 5, 1973 and the implementation of such ordinance thereafter

Became a law August 24, 1992, with the approval of the Governor. Passed

on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being presént.

The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. All the acts and proceedings heretofore had and taken by the zoning commission and the town board of the town of Ancram, in the county of Columbia, in connection with and resulting in the adoption of the town of Ancram zoning ordinance on November 5, 1973, insofar as they relate to public notice of any public hearings on such ordinance, any written notices required to be delivered to adjoining towns, villages, cities, counties, state parks and parkways pursuant to section 264 of the town law, any public hearings required to be held prior to the adoption of such ordinance and any acts or proceedings required by section 264 of the town law or section 239-m of the general municipal law, are hereby legalized, validated, ratified and confirmed.

$ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after November 5, 1973.

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AN ACT to amend the New York state an development corporation act, in

relation to the establishment of a Puerto Rican and Latino business development center

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Became a law October 19, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

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Section 1. Chapter 174 of the laws of 1968 constituting the New York state urban development corporation act is amended by adding a new tion 9-e to read as follows:

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§ 9-e. Creating a Puerto Rican and Latino business development center. The corporation shall provide, with the assistance of the commissioner of economic development and in consultation with such commissioner, a Puerto Rican and Latino business development center for the purposes of rendering technical assistance and market information to not-for-profit service providers and the private businesses servicing Puerto Rican and Latino communities.

§ 2. This act shall take effect immediately.

CHAPTER 848

AN ACT to amend the social services law, in relation to the protection

of the welfare of, and increasing services to, residents of adult care facilities and to repeal certain provisions of such law relating thereto

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Became a law October 23, 1992, with the approval of the Governor. Passed

on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Legislative findings. The legislature hereby finds that dependent adults residing in adult

facilities certified by the department of social services require additional protections to ensure that they are adequately and appropriately cared for and that they receive all of the services to which they are entitled.

§ 2. Paragraph (a) of subdivision 9 of section 460-d of the social services law, as added by chapter 704 of the laws of 1981, is amended to read as follows:

(a) The department shall have authority to impose a civil penalty not exceeding one thousand dollars per day against, and to issue

order requiring the closing of, after notice and opportunity to be heard, [against) any facility which does not possess a valid operating certificate issued by the department and is an adult care facility subject to the provisions of this article and the regulations of the department. A hearing shall be conducted in accordance with procedures established by department regulations which procedures shall require that notice of the determination that the facility is an adult care facility and the reasons for such determination and notice of the time and place of the hearing be served in person on the operator, owner or prime lessor, if any, or by certified mail, return receipt requested, addressed to

such person

and received at least twenty days prior to the date of the hearing. If such operator, owner or prime lessor, if any, is not known to the department, then service may be made by posting a copy thereof in a conspicuous place within the facility or by sending a copy thereof by certified mail, return receipt requested, addressed to the facility. A written answer to the notice of violation may be filed with the department not less than five days prior to the date of the hearing. Demonstration by the facility that it possessed an operating certificate issued pursuant to this article, article twenty-eight of the public health law or article twenty-three or thirty-one of the mental hygiene

at the time the hearing was commenced shall constitute a complete defense to any charges made pursuant to this subdivision.

§ 3. Paragraph (b) of subdivision 9 of section 460-d of the social services law is repealed and a new paragraph (b) is added to read as follows:

(b) The penalty authorized by this section shall begin to run thirty days after the department provides the operator, in writing, with a summary of the inspection of the facility by which the department determined that he or she is operating an uncertified

adult care facility. The submission of an application by the operator for an operating certificate for the facility shall not act as a bar to the imposition of penalty against the operator.

§ 4. Subdivision 2 of section 461-b of the social services law is amended by adding a new paragraph (c), to read as follows:

(C) The knowing operation of an adult care facility without the prior written approval of the department shall be a class A misdemeanor.

§ 5. Section 461-e of the social services law is amended by adding a new subdivision 8 to read as follows:

8. Nothing contained in this section shall be construed or deemed to require the disclosure of the names and addresses or other information that would identify or tend to identify persons who file complaints with the department concerning the operation of adult care facilities. This shall apply to all complaints, regardless of whether the department is able to substantiate the complaint. Such information shall be deemed to EXPLANATION–Matter in italics is new; matter in brackets [] is old law

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