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

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66921WReier-Aviles on DSKGBLS3C1PROD with RULES2§ 668.32(e)(5) would cause greaterfinancial hardship for students becauseit would require students to pay forthese six credits without the benefit oftitle IV, HEA program assistance andthat this, in turn, may lead to somestudents turning to high cost privatefinancing. One commenter expresseddisappointment that the Department didnot seize the opportunity to fully reevaluatethe ATB regulations and makemore broad and sweeping changes to thestandards. Finally, some commentersexpressed concern that § 668.32(e)(5)may penalize students who are very ableto successfully perform class work anddemonstrate learned skills, but whohave difficulty taking tests and thereforemay be unable to successfully completethe requisite six credit hours (or itsequivalent), due to their inability to dowell on written tests.Discussion: Section 668.32(e)(5)incorporates the language from section484(d)(4) of the HEA. The Departmentdoes not have the authority to notrecognize this statutorily mandated ATBoption. Moreover, we recognize that thisnew standard for establishing the abilityto benefit for students who do not havea high school diploma or its recognizedequivalent may not be appropriate forall students. However, we do not viewthis as a problem, because § 668.32(e)(5)supplements—rather than replaces—thecurrent standards for establishing theability to benefit under § 668.32(e)(2)and (e)(3).Changes: None.Comment: Most of the commenterswho objected to § 668.32(e)(5) objectedto this provision at least in part becausethe Department has stated that title IV,HEA funds may not be used to pay forany portion of the payment period inwhich those credits or equivalent wereearned.Discussion: The underlying studenteligibility issue here is that a studentwithout a high school diploma or itsequivalent cannot be eligible for title IV,HEA program assistance, except underthe four circumstances described insection 484(d) of the HEA. The paymentperiod during which a studentsuccessfully earns the six credits (or itsequivalent) under section 484(d)(4) ofthe HEA and § 668.32(e)(5) is a periodwhen the student has yet to meet thisstatutory requirement or standard. Werecognize that this inability to ‘‘go back’’and establish eligibility may be fiscallyproblematic for some students orinstitutions, but we continue to believethat until a student’s eligibility isestablished, the student is ineligible fortitle IV, HEA funds. That said, in caseswhere a student is enrolled in a programthat has several modules within apayment period that are independentlycompleted and graded prior to the endof that payment period, there could bea situation where a student successfullycompletes a module and earns six ormore credits (or the equivalent) prior tothe end of the payment period. In thisscenario, an institution could make adetermination of the cost of attendancefor the remaining modules in thepayment period, and award anddisburse title IV, HEA funds for thoseremaining credits, based upon thelimited cost of attendance in thepayment period after the student hassuccessfully completed the initial sixcredits.Changes: None.Comment: One commenter stated thathe would encourage other institutions toestablish admissions policies to prohibitthe use of the earned credit ATB optionreflected in § 668.32(e)(5) because of theunique complications created with thisprovision and State licensing boards.Specifically, the commenter expressedconcern that students who do notcomplete the six credit hours (or theirequivalent) under this option may notbe able to obtain title IV, HEA programassistance to pay for their coursework.Discussion: As noted earlier in thispreamble, we recognize that the ATBoption reflected in section 484(d)(4) ofthe HEA and § 668.32(e)(5) may notmeet the needs of all students, or allinstitutions, and is simply one methodby which a student can show that he orshe has the ability to benefit from adegree or certificate program of studyand, therefore, is eligible to receive titleIV, HEA program assistance.Changes: None.Subpart J—Approval of IndependentlyAdministered Tests; Specification ofPassing Score; Approval of StateProcessSpecial Definitions (§ 668.142)Comment: In response to theDepartment’s request in the NPRM forfeedback on the appropriateness ofpermitting specified test administratorsin the assessment center to train otherindividuals at that assessment center toadminister ATB tests, severalcommenters suggested that it would notbe advisable or appropriate for seniortest administrators in an assessmentcenter to perform the required trainingof other individuals at the assessmentcenter for the administration ofapproved ATB tests.Discussion: The Department agreesthat, consistent with the definition ofthe term test administrator, anindividual must be certified by the testpublisher or State, as applicable, toVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00091 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2administer tests under subpart J of part668 in accordance with the instructionsprovided by the test publisher or State.The only practical way for a testpublisher or State to make adetermination of whether an individualhas the necessary training required inorder to certify the individual as a testadministrator is to provide the trainingthat will insure that test administratorsare cognizant of the test publisher’s orState’s written requirements. Toemphasize and add clarity that the testadministrator is required to be certifiedby the test publisher or State, asapplicable, when a test is given at anassessment center by a testadministrator who is an employee of thecenter, we have modified § 668.151(b)(1)by adding the word certified prior to thereference to test administrator.Changes: We have amended§ 668.151(b)(1) by adding the word‘‘certified’’ prior to the reference to testadministrator.Comment: One commenter objected tothe increased burden associated withthe proposed requirement that testadministrators at assessment centers becertified by the test publisher or State,as applicable.Discussion: During the negotiations,the Department was told about the highincidence of staff turnover at assessmentcenters. One test publisher participatingin the negotiations expressed concernthat new staff have been trained toadminister the approved ATB tests byother members of the assessment centerstaff and, as a result, were providingATB tests without being properlycertified by the test publisher or State.We agree that in order to meet the newdefinition of the term test administratorin § 668.142 and to meet the increasedstandards of training, knowledge, skillsand integrity, that it is vital for all testadministrators to be certified in order toadminister an approved ATB testconsistent with the requirements ofsubpart J of part 668 and the writteninstructions of the test provider.Moreover, we believe that the increasein burden falls mainly upon the testpublisher or the State, rather than theinstitution.Changes: None.Comment: One commenter suggestedthat we clarify the definition of the termindependent test administrator bymodifying it to clarify that anindependent test administrator cannothave any current or prior financialinterest in the institution, but that he orshe may earn fees for properlyadministering an approved ATB test atthat institution. Another commentersuggested that the definition of the term