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

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66965WReier-Aviles on DSKGBLS3C1PROD with RULES2(9) Score a test answer sheet that itreceives from a test administrator;(10) If a computer-based test is used,provide the test administrator withsoftware that will—(i) Immediately generate a score reportfor each test taker;(ii) Allow the test administrator tosend to the test publisher or the State,as applicable, a record of the test taker’sperformance on each test item and thetest taker’s test scores using a datatransfer method that is encrypted andsecure; and(iii) Prohibit any changes in test takerresponses or test scores;(11) Promptly send to the student andthe institution the student indicated heor she is attending or scheduled toattend a notice stating the student’sscore for the test and whether or not thestudent passed the test;(12) Keep each test answer sheet orelectronic record forwarded for scoringand all other documents forwarded bythe test administrator with regard to thetest for a period of three years from thedate the analysis of the tests results,described in paragraph (b)(13) of thissection, was sent to the Secretary;(13) Analyze the test scores ofstudents who take the test to determinewhether the test scores and dataproduce any irregular pattern that raisesan inference that the tests were notbeing properly administered, andprovide the Secretary with a copy of thisanalysis within 18 months after the testwas approved and every 18 monthsthereafter during the period of testapproval;(14) Upon request, give the Secretary,a State agency, an accrediting agency,and law enforcement agencies access totest records or other documents relatedto an audit, investigation, or programreview of an institution, the testpublisher, or a test administrator;(15) Immediately report to theSecretary if the test publisher or theState finds any credible informationindicating that a test has beencompromised;(16) Immediately report to the Officeof Inspector General of the Departmentof Education for investigation if the testpublisher or the State finds any credibleinformation indicating that a testadministrator or institution may haveengaged in civil or criminal fraud, orother misconduct; and(17) Require a test administrator whoprovides a test to an individual with adisability who requires anaccommodation in the test’sadministration to report to the testpublisher or the State within the timeperiod specified in § 668.151(b)(2) or§ 668.152(b)(2), as applicable, the natureof the disability and theaccommodations that were provided.(c)(1) The Secretary may terminate anagreement with a test publisher or aState, as applicable, if the test publisheror the State fails to carry out the termsof the agreement described in paragraph(b) of this section.(2) Before terminating the agreement,the Secretary gives the test publisher orthe State, as applicable, the opportunityto show that it has not failed to carry outthe terms of its agreement.(3) If the Secretary terminates anagreement with a test publisher or aState under this section, the Secretarypublishes a notice in the FederalRegister specifying when institutionsmay no longer use the test publisher’sor the State’s test(s) for purposes ofdetermining a student’s eligibility fortitle IV, HEA program funds.(Approved by the Office of Management andBudget under control number 1845–0049)(Authority: 20 U.S.C. 1091(d))§ 668.151 Administration of tests.(a)(1) To establish a student’seligibility for title IV, HEA programfunds under this subpart, an institutionmust select a test administrator to givean approved test.(2) An institution may use the resultsof an approved test it received from anapproved test publisher or assessmentcenter to determine a student’seligibility to receive title IV, HEAprogram funds if the test wasindependently administered andproperly administered in accordancewith this subpart.(b) The Secretary considers that a testis independently administered if the testis—(1) Given at an assessment center bya certified test administrator who is anemployee of the center; or(2) Given by an independent testadministrator who maintains the test ata secure location and submits the testfor scoring by the test publisher or theState or, for a computer-based test, arecord of the test scores, within twobusiness days of administering the test.(c) The Secretary considers that a testis not independently administered if aninstitution—(1) Compromises test security ortesting procedures;(2) Pays a test administrator a bonus,commission, or any other incentivebased upon the test scores or pass ratesof its students who take the test; or(3) Otherwise interferes with the testadministrator’s independence or testadministration.(d) The Secretary considers that a testis properly administered if the testadministrator—VerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00135 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2(1) Is certified by the test publisher orthe State, as applicable, to give the testpublisher’s or the State’s test;(2) Administers the test in accordancewith instructions provided by the testpublisher or the State, as applicable,and in a manner that ensures theintegrity and security of the test;(3) Makes the test available only to atest-taker, and then only during aregularly scheduled test;(4) Secures the test against disclosureor release; and(5) Submits the completed test or, fora computer-based test, a record of testscores, to the test publisher or the State,as applicable, within the time periodspecified in § 668.152(b) or paragraph(b)(2) of this section, as appropriate, andin accordance with the test publisher’sor the State’s instructions.(e) An independent test administratormay not score a test.(f) An individual who fails to pass atest approved under this subpart maynot retake the same form of the test forthe period prescribed by the testpublisher or the State responsible forthe test.(g) An institution must maintain arecord for each individual who took atest under this subpart. The record mustinclude—(1) The test taken by the individual;(2) The date of the test;(3) The individual’s scores as reportedby the test publisher, an assessmentcenter, or the State;(4) The name and address of the testadministrator who administered the testand any identifier assigned to the testadministrator by the test publisher orthe State; and(5) If the individual who took the testis an individual with a disability andwas unable to be evaluated by the useof an approved ATB test or theindividual requested or required testingaccommodations, documentation of theindividual’s disability and of the testingarrangements provided in accordancewith § 668.153(b).(Approved by the Office of Managementand Budget under control number 1845–0049)(Authority: 20 U.S.C. 1091(d))§ 668.152 Administration of tests byassessment centers.(a) If a test is given by an assessmentcenter, the assessment center mustproperly administer the test asdescribed in § 668.151(d), and§ 668.153, if applicable.(b)(1) Unless an agreement between atest publisher or a State, as applicable,and an assessment center indicatesotherwise, an assessment center scores