N.Y. Laws » CHAPTER Education / TITLE General Provisions Article 1 Short Title and Definitions (§§ / ARTICLE Standardized Testing
New York Consolidated Laws

N.Y. Education Law § 340 (2026)

Definitions

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 340. Definitions. As used in this article: 1. "Standardized test" or
"test" means any test that is given in New York at the expense of the
test subject and designed for use and used in the process of selection
for post-secondary or professional school admissions. Such tests shall
include, but are not limited to, the Preliminary Scholastic Aptitude
Test, Scholastic Aptitude Test, ACT Assessment, Graduate Record
Examination, Medical College Admission Test, Law School Admission Test,
Dental Admission Testing Program, Graduate Management Admission Test,
Miller Analogies Test and the Test for Standard Written English. This
article shall not apply to any state, federal, or local civil service
test, any test used solely for placement, credit-by-examination or other
nonadmission purpose or any test developed and administered by an
individual school or institution solely for its own purposes or any
test, or portion of a test, designed to evaluate manual skills or other
physical abilities.
  2. "Commissioner" means the commissioner of education of the state of
New York.
  3. "Test subject" means an individual to whom a test is administered.
  4. "Test agency" means any organization, association, corporation,
partnership, or individual or person that develops, sponsors or
administers a test.
  5. "Part" means each portion of a test for which a score is
calculated.
  6. "Test form" means the test booklet or instrument used for each part
of each test.
  7. "Pretest question" means any question or group of questions on a
test not used to calculate the reported scores of a test subject, nor
used to equate scores for that test.
  8. "Test year" means the twelve-month period commencing September
first during which the test agency administers a particular test.
  9. "Computerized test" means any test form administered to test
subjects by means of a computer.
Notes of Decisions
Cited in 3 cases, 1980–1991 · leading case: Ass'n of Am. Med. Colleges v. Carey, 482 F. Supp. 1358 (N.D.N.Y. 1980).
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Ass'n of Am. Med. Colleges v. Carey, 482 F. Supp. 1358 (N.D.N.Y. 1980). · cites it 2× “(N.Y.Ed. Law §§ 340 et seq.) Effective January 1, 1980, the Law applies to “any test that is given at the expense of the test subject and designed for use in the process of selection for post-secondary or professional school admissions.”
Ass'n of Am. Med. Colleges v. Carey, 728 F. Supp. 873 (N.D.N.Y. 1990). · cites it 2× “The defendants assert that it is particularly important to subject the MCAT to disclosure because it is “not simply some literary creation over which AAMC claims exclusive ownership.”
Ass'n of Am. Med. Colleges v. Cuomo, 928 F.2d 519 (2d Cir. 1991). “ALTIMARI, Circuit Judge: The central question presented by this appeal is whether the district court erred in holding that the disclosure requirements of New York’s Standardized Testing Act, N.Y.Educ.L. § 340 et seq. (McKinney 1988) (“STA”), are pre-empted by the federal…”
N.Y. Education Law § 340(1): 2 cases
Ass'n of Am. Med. Colleges v. Carey, 482 F. Supp. 1358 (N.D.N.Y. 1980). “(N.Y.Ed. Law §§ 340 et seq.) Effective January 1, 1980, the Law applies to “any test that is given at the expense of the test subject and designed for use in the process of selection for post-secondary or professional school admissions.”
Ass'n of Am. Med. Colleges v. Carey, 728 F. Supp. 873 (N.D.N.Y. 1990). “The defendants assert that it is particularly important to subject the MCAT to disclosure because it is “not simply some literary creation over which AAMC claims exclusive ownership.”
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