Office of Postsecondary Education - U.S. Department of Education

Office of Postsecondary Education - U.S. Department of Education Office of Postsecondary Education - U.S. Department of Education

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66942 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and RegulationsWReier-Aviles on DSKGBLS3C1PROD with RULES2We estimate that 3,774 individuals (testadministrators) will take, on average, .17hours (10 minutes) to access, read,complete and submit the writtencertification to a test publisher or State,which will increase burden by 642hours.We estimate that it will take each testpublisher or State 1 hour per testsubmission to develop its process toobtain a certification statement fromeach prospective test administrator,which will increase burden by 8 hours.We estimate that the review of thesubmitted written certifications by thetest publishers or States for the 3,774test administrators will take, on average,.08 hours (5 minutes) per certificationform, which will increase burden by 302hours.With regard to the requirement toimmediately notify the testadministrator, the Secretary, andinstitutions when the test administratoris decertified (see § 668.150(b)(6)), weestimate that 1 percent of the 3,774 testadministrators will be decertified. Weestimate that it will take test publishersand States, on average, 1 hour perdecertification to provide all of the finalnotifications, which will increaseburden for test publishers and States by38 hours.With regard to the requirement toreview test results of tests administeredby a decertified test administrator andimmediately to notify affectedinstitutions and students (see§ 668.150(b)(7)), we estimate thatburden will increase. We estimate that481,763 ATB tests will be taken for titleIV, HEA purposes annually. Of theannual total of ATB tests provided, weestimate that 1 percent will beimproperly administered and that 4,818individuals will be contacted, whichwill take, on average, .25 hours (15minutes) per individual. As a result, weestimate that burden will increase to testpublishers and States by 1,205 hours.In addition, we estimate that it willtake test publishers and States, onaverage, 5 hours per ATB test submitted,to develop the process to determinewhen ATB tests have been improperlyadministered, which for 8 approvedATB tests will increase burden by 40hours.We estimate that test publishers andStates will, on average, take .33 hours(20 minutes) for each of the 4,818estimated improperly administered ATBtests to make the final notifications toinstitutions, students and prospectivestudents, which will increase burden by1,590 hours.We estimate that 38 testadministrators (1 percent of the 3,774test administrators) will be decertified.Of the 38 decertified test administrators,we estimate that 1 previously decertifiedtest administrator (2 percent of38 test administrators) will be recertifiedafter a three-year period and,therefore, reported to the Secretary. Weestimate the burden for test publishersand States for this reporting will be 1hour. We project that it will be very rarethat a decertified test administrator willseek re-certification after the three-yeardecertification period.Under § 668.150(b)(13), testpublishers and States must providecopies of test anomaly analysis every 18months instead of every 3 years. Weestimate that it will take a test publisheror State, on average, 75 hours to conductits test anomaly analysis and report theresults to the Secretary every 18 months.We estimate the burden on testpublishers and States for the submissionof the 8 test anomaly analysis every 18months will be 600 hours.Under § 668.150(b)(15), testpublishers and States will be required toreport to the Secretary any credibleinformation indicating that a test hasbeen compromised (see§ 668.150(b)(15)). We estimate that481,763 ATB tests for title IV, HEApurposes will be given on an annualbasis. Of that total number ATB testsgiven, we estimate that 482 ATB testswill be compromised. On average, weestimate that test publishers and Stateswill take 1 hour per test to collect thecredible information to make thedetermination that a test will becompromised and report it to theSecretary. We estimate that burden willincrease by 482 hours.Section 668.150(b)(16) will requiretest publishers and States to report tothe Office of Inspector General of theDepartment of Education any credibleinformation indicating that a testadministrator or institution may haveengaged in civil or criminal fraud orother misconduct. We estimate that481,763 ATB tests for title IV, HEApurposes will be given on an annualbasis. Of that total number ATB testsgiven, we estimate that 482 ATB testswill be compromised. On average, weestimate that test publishers or Stateswill take 1 hour per test to collect thecredible information to make thedetermination that a test administratoror institution may have engaged in fraudor other misconduct and report it to theU.S. Department of Education’s Office ofthe Inspector General. We estimate that,as a result of this requirement, burdenwill increase by 482 hours.Section 668.150(b)(17) requires a testadministrator who provides a test to anindividual with a disability whorequires an accommodation in the test’sVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00112 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2administration to report to the testpublisher or the State the nature of thedisability and the accommodations thatwere provided. Census data indicatethat 12 percent of the U.S. population isseverely disabled. We estimate that 12percent of the ATB test population(481,763 ATB test takers) or 57,812 ofthe ATB test takers will be individualswith disabilities that will needaccommodations for an ATB test. Weestimate that it will take .08 hours (5minutes) to report the nature of thedisability and any accommodation thatthe test administrator made for the testtaker, increasing burden by 4,625 hours.We estimate that, on average, testpublishers and States will take 2 hoursper ATB test to develop the process forhaving test administrators report thenature of the test taker’s disability andany accommodations provided. Weexpect this to result in an increaseburden for test publishers and States by16 hours (2 hours multiplied by 8 ATBtests).Collectively, the final changesreflected in § 668.150 will increaseburden by 10,031 hours in OMB ControlNumber 1845–0049.Section 668.151—Administration ofTestsSection 668.151(g)(4) will requireinstitutions to keep a record of eachindividual who took an ATB test andthe name and address of the testadministrator who administered the testand any identifier assigned to the testadministrator by the test publisher orthe State.We estimate that 481,763 ATB testsfor title IV, HEA purposes will be givenon an annual basis. We estimate thatproprietary institutions will give173,445 tests (36 percent of those ATBtests) and that, on average, the amountof time to record the test takers’ nameand address as well as the testadministrators’ identifiers will be .08hours (5 minutes) per test, increasingburden for proprietary institutions by13,876 hours.We estimate that private non-profitinstitutions will give 149,347 tests (31percent of the total annual ATB testsgiven) and that, on average, the amountof time to record the test takers’ nameand address, as well as the testadministrators’ identifiers will be .08hours (5 minutes) per test, increasingburden for private non-profitinstitutions by 11,948 hours.We estimate that public institutionswill give 158,962 tests (33 percent of thetotal annual ATB tests given) and that,on average, the amount of time to recordthe test takers’ name and address as wellas the test administrators’ identifiers

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66943WReier-Aviles on DSKGBLS3C1PROD with RULES2will be .08 hours (5 minutes) per test,increasing burden for public institutionsby 12,717 hours.If the individual who took the test hasa disability and is unable to beevaluated by the use of an approvedATB test, or the individual requested orrequired a testing accommodation, theinstitution will be required, under§ 668.151(g)(5), to maintaindocumentation of the individual’sdisability and of the testingarrangements provided. Census dataindicate that 12 percent of the U.S.population is severely disabled. Weestimate that 12 percent of the ATB testpopulation (481,763 ATB test takers) or57,812 of the ATB test takers will beindividuals with disabilities that willneed accommodations for the ATB test.We estimate that it will take .08 hours(5 minutes) to collect and maintaindocumentation of the individual’sdisability and of the testingaccommodations provided to the testtaker.We estimate that proprietaryinstitutions will give 20,812 tests (36 ofthe total annual ATB tests given),resulting in an increase in burden forproprietary institutions by 1,665 hours(20,812 tests multiplied by .08 hours).We estimate that private non-profitinstitutions will give 17,922 tests (31percent of the total annual ATB testsgiven), resulting in an increase inburden for private non-profitinstitutions by 1,434 hours (17,922 testsmultiplied by .08 hours).We estimate that public institutionswill give 19,078 tests (33 percent of thetotal annual ATB tests given), resultingin an increase in burden for publicinstitutions by 1,526 hours (19,078 testsmultiplied by .08 hours).Collectively, the final regulatorychanges reflected in § 668.151 willincrease burden by 43,166 hours inOMB Control Number 1845–0049.Section 668.152—Administration ofTests by Assessment CentersSection 668.152(a) clarifies thatassessment centers are also required tocomply with the provisions of § 688.153(Administration of tests for individualswhose native language is not English orfor individuals with disabilities), ifapplicable.Under § 668.152(b)(2), assessmentcenters that score tests will be requiredto provide copies of completed tests orlists of test-takers’ scores to the testpublisher or the State, as applicable, ona weekly basis. Under § 668.152(b)(2)(i)and (b)(2)(ii), copies of completed testsor reports listing test-takers’ scores willbe required to include the name andaddress of the test administrator whoadministered the test and any identifierassigned to the test administrator by thetest publisher or the State.We estimate that of the 3,774 ATB testadministrators approximately one-third(.3328 times 3,774) or 1,256 of the ATBtest administrators are at test assessmentcenters. Of the 1,256 test assessmentcenters, we estimate that 18 percent or226 test assessment centers are atprivate non-profit institutions and 82percent or 1,030 test assessment centersare at public institutions. We estimatethat 92 percent of the ATB testsprovided at test assessment centers arescored by the test administrators.Therefore, under the regulations, theinstitution will be required to maintainthe scored ATB tests, to collect andsubmit copies of the completed ATBtests or a listing to the test publisher orState on a weekly basis, while the other8 percent will not be impacted by theseregulations. We estimate that, onaverage, it will take .08 hours (5minutes) per week for the testassessment center (institution) to collectand submit the final information.For the 226 test assessment centers atprivate non-profit institutions, weexpect 940 hours of increased annualburden (226 test assessment centersmultiplied by .08 hours (5 minutes) andthen multiplied by 52 weeks in a year).For the 1,030 test assessment centersat public institutions, we expect 4,285hours of increased annual burden (1,030test assessment centers multiplied by.08hours (5 minutes) and then multipliedby 52 weeks in a year).Collectively, the final regulatorychanges reflected in § 668.152 willincrease burden by 5,225 hours in OMBControl Number 1845–0049.Section 668.164—Disbursing FundsUnder § 668.164(i), an institution willprovide a way for a Federal Pell Granteligible student to obtain or purchaserequired books and supplies by theseventh day of a payment period undercertain conditions. An institution willhave to comply with this requirementonly if, 10 days before the beginning ofthe payment period, the institutioncould disburse the title IV, HEAprogram funds for which the student iseligible, and presuming that those fundswere disbursed, the student will have atitle IV, HEA credit balance under§ 668.164(e). The amount the institutionwill provide to the student for booksand supplies will be the lesser of thepresumed credit balance or the amountneeded by the student, as determined bythe institution. In determining theamount needed by the student, theinstitution could use the actual costs ofbooks and supplies or the allowance forVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00113 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2books and supplies used in the student’scost of attendance for the paymentperiod.We estimate that of the 6,321,678Federal Pell Grant recipients in the2008–2009 award year, thatapproximately 30 percent or 1,896,503will have or did have a title IV, HEAcredit balance. Of that number ofFederal Pell Grant recipients, weestimate that 25 percent or 474,126Federal Pell Grant recipients will havea presumed credit balance 10 days priorto the beginning of the payment period,and as final, that the institution willhave to provide a way for thoserecipients to either obtain or purchasetheir books and supplies within 7 daysof the beginning of the payment period.We estimate that the 2,063 proprietaryinstitutions participating in the FederalPell Grant program will take, on average3 hours per institution to analyze andmake programming change needed toidentify these recipients with presumedcredit balances, increasing burden by6,189 hours. Additionally, we estimatethat proprietary institutions will berequired to disburse the presumedcredit balance to 38 percent of the474,126 at proprietary institutions(180,168 recipients), which on average,will take .08 hours (5 minutes) perrecipient, increasing burden by 14,413hours.We estimate that the 1,523 privatenon-profit institutions participating inthe Federal Pell Grant program willtake, on average, 3 hours per institutionto analyze and make programmingchange needed to identify theserecipients with presumed creditbalances, increasing burden by 4,569hours. Additionally, we estimate thatprivate non-profit institutions will berequired to disburse the presumedcredit balance to 28 percent of the474,126 at proprietary institutions(132,755 recipients) which on average,will take .08 hours (5 minutes) perrecipient, increasing burden by 10,620hours.We estimate that the 1,883 publicinstitutions participating in the FederalPell Grant program will take, on average3 hours per institution to analyze andmake programming change needed toidentify these recipients with presumedcredit balances, increasing burden by5,649 hours. Additionally, we estimatethat proprietary institutions will berequired to disburse the presumedcredit balance to 34 percent of the474,126 at proprietary institutions(161,203 recipients) which on average,will take .08 hours (5 minutes) perrecipient, increasing burden by 12,896hours.

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66943WReier-Aviles on DSKGBLS3C1PROD with RULES2will be .08 hours (5 minutes) per test,increasing burden for public institutionsby 12,717 hours.If the individual who took the test hasa disability and is unable to beevaluated by the use <strong>of</strong> an approvedATB test, or the individual requested orrequired a testing accommodation, theinstitution will be required, under§ 668.151(g)(5), to maintaindocumentation <strong>of</strong> the individual’sdisability and <strong>of</strong> the testingarrangements provided. Census dataindicate that 12 percent <strong>of</strong> the U.S.population is severely disabled. Weestimate that 12 percent <strong>of</strong> the ATB testpopulation (481,763 ATB test takers) or57,812 <strong>of</strong> the ATB test takers will beindividuals with disabilities that willneed accommodations for the ATB test.We estimate that it will take .08 hours(5 minutes) to collect and maintaindocumentation <strong>of</strong> the individual’sdisability and <strong>of</strong> the testingaccommodations provided to the testtaker.We estimate that proprietaryinstitutions will give 20,812 tests (36 <strong>of</strong>the total annual ATB tests given),resulting in an increase in burden forproprietary institutions by 1,665 hours(20,812 tests multiplied by .08 hours).We estimate that private non-pr<strong>of</strong>itinstitutions will give 17,922 tests (31percent <strong>of</strong> the total annual ATB testsgiven), resulting in an increase inburden for private non-pr<strong>of</strong>itinstitutions by 1,434 hours (17,922 testsmultiplied by .08 hours).We estimate that public institutionswill give 19,078 tests (33 percent <strong>of</strong> thetotal annual ATB tests given), resultingin an increase in burden for publicinstitutions by 1,526 hours (19,078 testsmultiplied by .08 hours).Collectively, the final regulatorychanges reflected in § 668.151 willincrease burden by 43,166 hours inOMB Control Number 1845–0049.Section 668.152—Administration <strong>of</strong>Tests by Assessment CentersSection 668.152(a) clarifies thatassessment centers are also required tocomply with the provisions <strong>of</strong> § 688.153(Administration <strong>of</strong> tests for individualswhose native language is not English orfor individuals with disabilities), ifapplicable.Under § 668.152(b)(2), assessmentcenters that score tests will be requiredto provide copies <strong>of</strong> completed tests orlists <strong>of</strong> test-takers’ scores to the testpublisher or the State, as applicable, ona weekly basis. Under § 668.152(b)(2)(i)and (b)(2)(ii), copies <strong>of</strong> completed testsor reports listing test-takers’ scores willbe required to include the name andaddress <strong>of</strong> the test administrator whoadministered the test and any identifierassigned to the test administrator by thetest publisher or the State.We estimate that <strong>of</strong> the 3,774 ATB testadministrators approximately one-third(.3328 times 3,774) or 1,256 <strong>of</strong> the ATBtest administrators are at test assessmentcenters. Of the 1,256 test assessmentcenters, we estimate that 18 percent or226 test assessment centers are atprivate non-pr<strong>of</strong>it institutions and 82percent or 1,030 test assessment centersare at public institutions. We estimatethat 92 percent <strong>of</strong> the ATB testsprovided at test assessment centers arescored by the test administrators.Therefore, under the regulations, theinstitution will be required to maintainthe scored ATB tests, to collect andsubmit copies <strong>of</strong> the completed ATBtests or a listing to the test publisher orState on a weekly basis, while the other8 percent will not be impacted by theseregulations. We estimate that, onaverage, it will take .08 hours (5minutes) per week for the testassessment center (institution) to collectand submit the final information.For the 226 test assessment centers atprivate non-pr<strong>of</strong>it institutions, weexpect 940 hours <strong>of</strong> increased annualburden (226 test assessment centersmultiplied by .08 hours (5 minutes) andthen multiplied by 52 weeks in a year).For the 1,030 test assessment centersat public institutions, we expect 4,285hours <strong>of</strong> increased annual burden (1,030test assessment centers multiplied by.08hours (5 minutes) and then multipliedby 52 weeks in a year).Collectively, the final regulatorychanges reflected in § 668.152 willincrease burden by 5,225 hours in OMBControl Number 1845–0049.Section 668.164—Disbursing FundsUnder § 668.164(i), an institution willprovide a way for a Federal Pell Granteligible student to obtain or purchaserequired books and supplies by theseventh day <strong>of</strong> a payment period undercertain conditions. An institution willhave to comply with this requirementonly if, 10 days before the beginning <strong>of</strong>the payment period, the institutioncould disburse the title IV, HEAprogram funds for which the student iseligible, and presuming that those fundswere disbursed, the student will have atitle IV, HEA credit balance under§ 668.164(e). The amount the institutionwill provide to the student for booksand supplies will be the lesser <strong>of</strong> thepresumed credit balance or the amountneeded by the student, as determined bythe institution. In determining theamount needed by the student, theinstitution could use the actual costs <strong>of</strong>books and supplies or the allowance forVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00113 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2books and supplies used in the student’scost <strong>of</strong> attendance for the paymentperiod.We estimate that <strong>of</strong> the 6,321,678Federal Pell Grant recipients in the2008–2009 award year, thatapproximately 30 percent or 1,896,503will have or did have a title IV, HEAcredit balance. Of that number <strong>of</strong>Federal Pell Grant recipients, weestimate that 25 percent or 474,126Federal Pell Grant recipients will havea presumed credit balance 10 days priorto the beginning <strong>of</strong> the payment period,and as final, that the institution willhave to provide a way for thoserecipients to either obtain or purchasetheir books and supplies within 7 days<strong>of</strong> the beginning <strong>of</strong> the payment period.We estimate that the 2,063 proprietaryinstitutions participating in the FederalPell Grant program will take, on average3 hours per institution to analyze andmake programming change needed toidentify these recipients with presumedcredit balances, increasing burden by6,189 hours. Additionally, we estimatethat proprietary institutions will berequired to disburse the presumedcredit balance to 38 percent <strong>of</strong> the474,126 at proprietary institutions(180,168 recipients), which on average,will take .08 hours (5 minutes) perrecipient, increasing burden by 14,413hours.We estimate that the 1,523 privatenon-pr<strong>of</strong>it institutions participating inthe Federal Pell Grant program willtake, on average, 3 hours per institutionto analyze and make programmingchange needed to identify theserecipients with presumed creditbalances, increasing burden by 4,569hours. Additionally, we estimate thatprivate non-pr<strong>of</strong>it institutions will berequired to disburse the presumedcredit balance to 28 percent <strong>of</strong> the474,126 at proprietary institutions(132,755 recipients) which on average,will take .08 hours (5 minutes) perrecipient, increasing burden by 10,620hours.We estimate that the 1,883 publicinstitutions participating in the FederalPell Grant program will take, on average3 hours per institution to analyze andmake programming change needed toidentify these recipients with presumedcredit balances, increasing burden by5,649 hours. Additionally, we estimatethat proprietary institutions will berequired to disburse the presumedcredit balance to 34 percent <strong>of</strong> the474,126 at proprietary institutions(161,203 recipients) which on average,will take .08 hours (5 minutes) perrecipient, increasing burden by 12,896hours.

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