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

66960 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and RegulationsWReier-Aviles on DSKGBLS3C1PROD with RULES2(f) Other requirements that aregenerally needed to be employed in thefields for which the training is provided,such as requirements related tocommercial driving licenses or permitsto carry firearms, and failing to disclosefactors that would prevent an applicantfrom qualifying for such requirements,such as prior criminal records orpreexisting medical conditions.(Authority: 20 U.S.C. 1094)§ 668.75 Relationship with the Departmentof Education.An eligible institution, itsrepresentatives, or any ineligibleinstitution, organization, or person withwhom the eligible institution has anagreement may not describe the eligibleinstitution’s participation in the title IV,HEA programs in a manner that suggestsapproval or endorsement by the U.S.Department of Education of the qualityof its educational programs.(Authority: 20 U.S.C. 1094)■ 25. Subpart J of part 668 is revised toread as follows:Subpart J—Approval of IndependentlyAdministered Tests; Specification ofPassing Score; Approval of State ProcessSec.668.141 Scope.668.142 Special definitions.668.143 [Reserved]668.144 Application for test approval.668.145 Test approval procedures.668.146 Criteria for approving tests.668.147 Passing scores.668.148 Additional criteria for the approvalof certain tests.668.149 Special provisions for the approvalof assessment procedures for individualswith disabilities.668.150 Agreement between the Secretaryand a test publisher or a State.668.151 Administration of tests.668.152 Administration of tests byassessment centers.668.153 Administration of tests forindividuals whose native language is notEnglish or for individuals withdisabilities.668.154 Institutional accountability.668.155 [Reserved]668.156 Approved State process.Subpart J—Approval of IndependentlyAdministered Tests; Specification ofPassing Score; Approval of StateProcess§ 668.141 Scope.(a) This subpart sets forth theprovisions under which a student whohas neither a high school diploma norits recognized equivalent may becomeeligible to receive title IV, HEA programfunds by—(1) Achieving a passing score,specified by the Secretary, on anindependently administered testapproved by the Secretary under thissubpart; or(2) Being enrolled in an eligibleinstitution that participates in a Stateprocess approved by the Secretaryunder this subpart.(b) Under this subpart, the Secretarysets forth—(1) The procedures and criteria theSecretary uses to approve tests;(2) The basis on which the Secretaryspecifies a passing score on eachapproved test;(3) The procedures and conditionsunder which the Secretary determinesthat an approved test is independentlyadministered;(4) The information that a testpublisher or a State must submit, as partof its test submission, to explain themethodology it will use for the testanomaly studies as described in§ 668.144(c)(17) and (d)(8), asappropriate;(5) The requirements that a testpublisher or a State, as appropriate—(i) Have a process to identify andfollow up on test score irregularities;(ii) Take corrective action—up to andincluding decertification of testadministrators—if the test publisher orthe State determines that test scoreirregularities have occurred; and(iii) Report to the Secretary the namesof any test administrators it decertifiesand any other action taken as a result oftest score analyses; and(6) The procedures and conditionsunder which the Secretary determinesthat a State process demonstrates thatstudents in the process have the abilityto benefit from the education andtraining being offered to them.(Authority: 20 U.S.C. 1091(d))§ 668.142 Special definitions.The following definitions apply tothis subpart:Assessment center: A facility that—(1) Is located at an eligible institutionthat provides two-year or four-yeardegrees or is a postsecondary vocationalinstitution;(2) Is responsible for gathering andevaluating information about individualstudents for multiple purposes,including appropriate course placement;(3) Is independent of the admissionsand financial aid processes at theinstitution at which it is located;(4) Is staffed by professionally trainedpersonnel;(5) Uses test administrators toadminister tests approved by theSecretary under this subpart; and(6) Does not have as its primarypurpose the administration of ability tobenefit tests.VerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00130 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2ATB test irregularity: An irregularitythat results from an ATB test beingadministered in a manner that does notconform to the established rules for testadministration consistent with theprovisions of subpart J of part 668 andthe test administrator’s manual.Computer-based test: A test taken bya student on a computer and scored bya computer.General learned abilities: Cognitiveoperations, such as deductive reasoning,reading comprehension, or translationfrom graphic to numericalrepresentation, that may be learned inboth school and non-schoolenvironments.Independent test administrator: A testadministrator who administers tests at alocation other than an assessment centerand who—(1) Has no current or prior financialor ownership interest in the institution,its affiliates, or its parent corporation,other than the fees earned foradministering approved ATB teststhrough an agreement with the testpublisher or State and has nocontrolling interest in any otherinstitution;(2) Is not a current or formeremployee of or consultant to theinstitution, its affiliates, or its parentcorporation, a person in control ofanother institution, or a member of thefamily of any of these individuals;(3) Is not a current or former memberof the board of directors, a current orformer employee of or a consultant to amember of the board of directors, chiefexecutive officer, chief financial officerof the institution, its affiliates, or itsparent corporation or of any otherinstitution, or a member of the family ofany of these individuals; and(4) Is not a current or former studentof the institution.Individual with a disability: A personwho has a physical or mentalimpairment which substantially limitsone or more major life activities, has arecord of such an impairment, or isregarded as having such an impairment.Non-native speaker of English: Aperson whose first language is notEnglish and who is not fluent inEnglish.Secondary school level: As applied to‘‘content,’’ ‘‘curricula,’’ or ‘‘basic verbaland quantitative skills,’’ the basicknowledge or skills generally learned inthe 9th through 12th grades in UnitedStates secondary schools.Test: A standardized test, assessmentor instrument that has formal protocolson how it is to be administered in orderto be valid. These protocols include, forexample, the use of parallel, equatedforms; testing conditions; time allowed