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

WReier-Aviles on DSKGBLS3C1PROD with RULES266964 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulationsand Records Administration (NARA).For information on the availability ofthis material at NARA, call 1–866–272–6272, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. The document alsomay be obtained from the AmericanEducational Research Association at:http://www.aera.net; and(v)(A) If the test is in Spanish,accompanied by a distribution of testscores that clearly indicates the meanscore and standard deviation forSpanish-speaking students with highschool diplomas who have taken the testwithin five years before the date onwhich the test is submitted to theSecretary for approval.(B) If the test is in a language otherthan Spanish, accompanied by arecommendation for a provisionalpassing score based upon performanceof a sample of test takers representativeof non-English speaking individualswho speak a language other thanSpanish and who have a high schooldiploma. The sample upon which therecommended provisional passing scoreis based must be large enough toproduce stable norms.(2) In the case of a test that ismodified for use for individuals withdisabilities, the test publisher or Statemust—(i) Follow guidelines provided in the‘‘Testing Individuals with Disabilities’’section of the Standards for Educationaland Psychological Testing; and(ii) Provide documentation of theappropriateness and feasibility of themodifications relevant to testperformance.(3) In the case of a computer-basedtest, the test publisher or State, asapplicable, must—(i) Provide documentation to theSecretary that the test complies with thebasic principles of test construction andstandards of reliability and validity aspromulgated in the Standards forEducational and Psychological Testing;(ii) Provide test administrators withinstructions for familiarizing test takerswith computer hardware prior to testtaking;and(iii) Provide two or more parallel,equated forms of the test, or, if parallelforms are generated from an item pool,provide documentation of the methodsof item selection for alternate forms.(b) If a test is designed solely tomeasure the English languagecompetence of non-native speakers ofEnglish—(1) The test must meet the criteria setforth in § 668.146(b)(6), (c)(1), (c)(2), and(c)(4); and(2) The test publisher mustrecommend a passing score based on themean score of test takers beyond the ageof compulsory school attendance whocompleted U.S. high school equivalencyprograms, formal training programs, orbilingual vocational programs.(Approved by the Office of Management andBudget under control number 1845–0049)(Authority: 20 U.S.C. 1091(d))§ 668.149 Special provisions for theapproval of assessment procedures forindividuals with disabilities.If no test is reasonably available forindividuals with disabilities so that notest can be approved under §§ 668.146or 668.148 for these individuals, thefollowing procedures apply:(a) The Secretary considers a modifiedtest or testing procedure, or instrumentthat has been scientifically developedspecifically for the purpose ofevaluating the ability to benefit frompostsecondary training or education ofindividuals with disabilities to be anapproved test for purposes of thissubpart provided that the testingprocedure or instrument measures bothbasic verbal and quantitative skills atthe secondary school level.(b) The Secretary considers thepassing scores for these testingprocedures or instruments to be thoserecommended by the test publisher orState, as applicable.(c) The test publisher or State, asapplicable, must—(1) Maintain appropriatedocumentation, including a descriptionof the procedures or instruments, theircontent domains, technical properties,and scoring procedures; and(2) Require the test administrator to—(i) Use the procedures or instrumentsin accordance with instructionsprovided by the test publisher or State,as applicable; and(ii) Use the passing scoresrecommended by the test publisher orState, as applicable.(Approved by the Office of Management andBudget under control number 1845–0049)(Authority: 20 U.S.C. 1091(d))§ 668.150 Agreement between theSecretary and a test publisher or a State.(a) If the Secretary approves a testunder this subpart, the test publisher orthe State that submitted the test mustenter into an agreement with theSecretary that contains the provisionsset forth in paragraph (b) of this sectionbefore an institution may use the test todetermine a student’s eligibility for titleIV, HEA program funds.(b) The agreement between a testpublisher or a State, as applicable, andVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00134 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2the Secretary provides that the testpublisher or the State, as applicable,must—(1) Allow only test administrators thatit certifies to give its test;(2) Require each test administrator itcertifies to—(i) Provide the test publisher or theState, as applicable, with a certificationstatement that indicates he or she is notcurrently decertified; and(ii) Notify the test publisher or theState, as applicable, immediately if anyother test publisher or State decertifiesthe test administrator;(3) Only certify test administratorswho—(i) Have the necessary training,knowledge, and skill to test students inaccordance with the test publisher’s orthe State’s testing requirements;(ii) Have the ability and facilities tokeep its test secure against disclosure orrelease; and(iii) Have not been decertified withinthe last three years by any test publisheror State;(4) Decertify a test administrator for aperiod of three years if the test publisheror the State finds that the testadministrator—(i) Has failed to give its test inaccordance with the test publisher’s orthe State’s instructions;(ii) Has not kept the test secure;(iii) Has compromised the integrity ofthe testing process; or(iv) Has given the test in violation ofthe provisions contained in § 668.151;(5) Reevaluate the qualifications of atest administrator who has beendecertified by another test publisher orState and determine whether tocontinue the test administrator’scertification or to decertify the testadministrator;(6) Immediately notify the testadministrator, the Secretary, and theinstitutions where the test administratorpreviously administered approved testswhen the test publisher or the Statedecertifies a test administrator;(7)(i) Review the test results of thetests administered by a decertified testadministrator and determine which testsmay have been improperly administeredduring the five (5) year period precedingthe date of decertification;(ii) Immediately notify the affectedinstitutions and students or prospectivestudents; and(iii) Provide a report to the Secretaryon the results of the review and thenotifications provided to institutionsand students or prospective students;(8) Report to the Secretary if the testpublisher or the State certifies apreviously decertified test administratorafter the three year period specified inparagraph (b)(4) of this section;