From:   Camille S. Jobin-Davis, Assistant Director
Sent:    Wednesday, June 02, 2010 10:00 AM
Subject:           Freedom of Information Law - test questions/answers/scores


As promised, I reviewed the statutes that apply to access to test scores, questions and answers, and I also reached out to Licensing to learn a bit more about their process

Pursuant to the Freedom of Information Law here in NY, because the agency utilizes the test
questions repeatedly, although they allow applicants to inspect the test questions for a limited period of time after the test, the agency has the legal authority, pursuant to section 87(2)(h), to deny access to copies of the test question themselves.

I also learned more about the review process, including the following:

*          He can be sent his failing score.  This is simply the raw score (for ex. 60 out of 100).
*          He can request a review.  These are scheduled at a DOS exam site.  He would be provided a copy of his answer sheet with incorrect questions indicated (we do not provide the correct answer) and  the test booklet.  He would be allowed one hour to review the exam.  He can bring any type of reference material with him, but is not allowed to take any notes or ask questions of the proctor.  At the end of the review session, all materials must be relinquished
back to the proctor.  This review does allow applicants to determine which questions/types of questions they did not answer correctly.
*          He would not be allowed to discussion the exam during a review or at any other time.  However, he can protest a question if he believes that his answer to a question/s is the correct one for that question/s or that a question is defective.  He can do this at the time of his review and the protest is forwarded back to our office for response.
*          He cannot get a copy of the exam as we re-use them on a rotating basis.  It is not the type of exam where it is given once or twice a year and each time the exam is retired.

You may want to contact the person who shared the above information with me.  His contact
information is as follows:

Keith A. Simon
Department of State
Division of Licensing Services
Supervisor, Examination Unit

Should you have any further questions, please let me know.