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

WReier-Aviles on DSKGBLS3C1PROD with RULES266966 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulationsthe tests it gives and promptly notifiesthe institution and the student of thestudent’s score on the test and whetherthe student passed the test.(2) If the assessment center scores thetest, it must provide weekly to the testpublisher or the State, as applicable—(i) All copies of the completed test,including the name and address of thetest administrator who administered thetest and any identifier assigned to thetest administrator by the test publisheror the State, as applicable; or(ii) A report listing all test-takers’scores and institutions to which thescores were sent and the name andaddress of the test administrator whoadministered the test and any identifierassigned to the test administrator by thetest publisher or the State, as applicable.(Approved by the Office of Managementand Budget under control number 1845–0049)(Authority: 20 U.S.C. 1091(d))§ 668.153 Administration of tests forindividuals whose native language is notEnglish or for individuals with disabilities.(a) Individuals whose native languageis not English. For an individual whosenative language is not English and whois not fluent in English, the institutionmust use the following tests, asapplicable:(1) If the individual is enrolled orplans to enroll in a program conductedentirely in his or her native language,the individual must take a test approvedunder §§ 668.146 and 668.148(a)(1).(2) If the individual is enrolled orplans to enroll in a program that istaught in English with an ESLcomponent, the individual must take anEnglish language proficiency assessmentapproved under § 668.148(b) and, beforebeginning the portion of the programtaught in English, a test approved under§ 668.146.(3) If the individual is enrolled orplans to enroll in a program that istaught in English without an ESLcomponent, or the individual does notenroll in any ESL component offered,the individual must take a test inEnglish approved under § 668.146.(4) If the individual enrolls in an ESLprogram, the individual must take anESL test approved under § 668.148(b).(5) If the individual enrolls or plansto enroll in a program that is taught inthe student’s native language that eitherhas an ESL component or a portion ofthe program will be taught in English,the individual must take an Englishproficiency test approved under§ 668.148(b) prior to beginning theportion of the program taught inEnglish.(b) Individuals with disabilities. (1)For an individual with a disability whohas neither a high school diploma norits equivalent and who is applying fortitle IV, HEA program funds and seeksto show his or her ability to benefitthrough the testing procedures in thissubpart, an institution must use a testdescribed in § 668.148(a)(2) or§ 668.149(a).(2) The test must reflect theindividual’s skills and general learnedabilities.(3) The test administrator must ensurethat there is documentation to supportthe determination that the individual isan individual with a disability andrequires accommodations—such asextra time or a quiet room—for taking anapproved test, or is unable to beevaluated by the use of an approvedATB test.(4) Documentation of an individual’sdisability may be satisfied by—(i) A written determination, includinga diagnosis and information abouttesting accommodations, if suchaccommodation information isavailable, by a licensed psychologist orphysician; or(ii) A record of the disability from alocal or State educational agency, orother government agency, such as theSocial Security Administration or avocational rehabilitation agency, thatidentifies the individual’s disability.This record may, but is not required to,include a diagnosis and recommendedtesting accommodations.(Approved by the Office of Managementand Budget under control number 1845–0049)(Authority: 20 U.S.C. 1091(d))§ 668.154 Institutional accountability.An institution is liable for the title IV,HEA program funds disbursed to astudent whose eligibility is determinedunder this subpart only if—(a) The institution used a test that wasnot administered independently, inaccordance with § 668.151(b);(b) The institution or an employee ofthe institution compromised the testingprocess in any way; or(c) The institution is unable todocument that the student received apassing score on an approved test.(Authority: 20 U.S.C. 1091(d))§ 668.155 [Reserved]§ 668.156 Approved State process.(a)(1) A State that wishes theSecretary to consider its State process asan alternative to achieving a passingscore on an approved, independentlyadministered test for the purpose ofVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00136 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2determining a student’s eligibility fortitle IV, HEA program funds must applyto the Secretary for approval of thatprocess.(2) To be an approved State process,the State process does not have toinclude all the institutions located inthat State, but must indicate whichinstitutions are included.(b) The Secretary approves a State’sprocess if—(1) The State administering theprocess can demonstrate that thestudents it admits under that processwithout a high school diploma or itsequivalent, who enroll in participatinginstitutions have a success rate asdetermined under paragraph (h) of thissection that is within 95 percent of thesuccess rate of students with highschool diplomas; and(2) The State’s process satisfies therequirements contained in paragraphs(c) and (d) of this section.(c) A State process must requireinstitutions participating in the processto provide each student they admitwithout a high school diploma or itsrecognized equivalent with thefollowing services:(1) Orientation regarding theinstitution’s academic standards andrequirements, and student rights.(2) Assessment of each student’sexisting capabilities through meansother than a single standardized test.(3) Tutoring in basic verbal andquantitative skills, if appropriate.(4) Assistance in developingeducational goals.(5) Counseling, including counselingregarding the appropriate class level forthat student given the student’sindividual’s capabilities.(6) Follow-up by teachers andcounselors regarding the student’sclassroom performance and satisfactoryprogress toward program completion.(d) A State process must—(1) Monitor on an annual basis eachparticipating institution’s compliancewith the requirements and standardscontained in the State’s process;(2) Require corrective action if aninstitution is found to be innoncompliance with the State processrequirements; and(3) Terminate an institution from theState process if the institution refuses orfails to comply with the State processrequirements.(e)(1) The Secretary responds to aState’s request for approval of its State’sprocess within six months after theSecretary’s receipt of that request. If theSecretary does not respond by the endof six months, the State’s process isdeemed to be approved.(2) An approved State processbecomes effective for purposes of