[Federal Register Volume 64, Number 86 (Wednesday, May 5, 1999)]
[Notices]
[Pages 24246-24247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11238]



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Part III





Department of Education





_______________________________________________________________________



Expanded Approval of ``Ability-to-Benefit'' Tests and Passing Scores; 
Notice

  Federal Register / Vol. 64, No. 86 / Wednesday, May 5, 1999 / 
Notices  

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DEPARTMENT OF EDUCATION


Expanded Approval of ``Ability-to-Benefit'' Tests and Passing 
Scores

AGENCY: Department of Education.

ACTION: Notice of the expanded approval of ``ability-to-benefit'' tests 
and passing scores for students with disabilities.

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SUMMARY: The Secretary adopts, for students with disabilities, the list 
of ``ability-to-benefit'' tests and passing scores on those tests 
approved under section 484(d) of the Higher Education Act of 1965, as 
amended (HEA), and 34 CFR Part 668, Subpart J.

FOR FURTHER INFORMATION CONTACT: Lorraine Kennedy, U.S. Department of 
Education, 400 Maryland Avenue, S.W., Regional Office Building 3, Room 
3045, Washington, D.C. 20202-5451. Telephone: (202) 708-8242. 
Individuals who use a telecommunications device for the deaf (TDD) may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.
    Individuals with disabilities may obtain this document in an 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION: On October 25, 1996, the Secretary published 
a notice in the Federal Register (61 FR 55542-55543) that provided a 
list of eight ``ability-to-benefit'' tests that the Secretary approved 
under section 484(d) of the HEA and the regulations that the Secretary 
promulgated to implement that section, 34 CFR Part 668, Subpart J. The 
notice also included approved passing scores for the approved tests.
    In a notice published in the Federal Register of October 27, 1998, 
63 FR 57539-57541, the Department added the American College Testing 
Service (ACT) test to the list of approved ability-to-benefit tests. 
The notice further provided that the nine listed tests were not yet 
approved for students with disabilities. As a result, for these 
students, an institution could continue to use ability-to-benefit tests 
that were approved as of June 30, 1996. However, if a student with 
disabilities, nevertheless, took and passed one of those nine tests, 
the Secretary would consider that the student had demonstrated the 
requisite ability-to-benefit for purposes of section 484(d) of the HEA.
    The Secretary is now expanding the approval of those nine tests for 
use with students with disabilities provided that those tests are given 
in a manner that is consistent with the applicable requirements of 
Section 504 of the Rehabilitation Act of 1973 and the Americans with 
Disabilities Act. This would include offering and administering the 
test in a time, place and manner that is accessible, including the 
provision of appropriate modifications and auxiliary aids and services. 
Examples of appropriate modifications and auxiliary aids and services 
include a change in the length of time of examination for individuals 
with learning disabilities and Brailled or large print examinations and 
answer sheets or qualified readers for individuals with visual 
impairments. In addition, because the regulations at 34 CFR Part 668, 
Subpart J, contain a special provision for the assessment of students 
with disabilities for whom no tests are reasonably available, if none 
of the nine approved tests can be given in a manner that is accessible 
to a person with disabilities, an institution must utilize the 
procedures under 34 CFR 668.149 which allow for testing under this 
alternative provision.
    As stated in Sec. 668.149, such a test is a modified test or 
testing procedure or instrument that has been scientifically developed 
specifically for the purpose of evaluating the ability to benefit from 
postsecondary training or education of students with a disability. It 
measures both basic verbal and quantitative skills at the secondary 
school level and reflects the student's skills and general learned 
abilities rather than the student's impairment.
    As a result of the Secretary's expanded approval of the use of 
these tests for students with disabilities, as of the date of this 
notice, an institution may use one of the approved nine tests for these 
students provided that the test is administered in a manner that 
accommodates the students' disabilities. In addition, for sixty days 
after the date of this notice, an institution may also use any ability-
to-benefit test that was approved as of June 30, 1996. However, after 
that sixtieth day, an institution must no longer use one of the latter 
type tests.

    Note. Please note that the exception provided in the October 27, 
1998 Federal Register notice remains in effect for students whose 
native language is not English and who are not fluent in English. 
That is, the tests that the Secretary has approved in this notice 
and the October 27, 1998 notice are not approved for those students, 
and institutions may continue to use ESL ability-to-benefit tests 
that were approved as of June 30, 1996 for those students. 
Nevertheless, if a student takes and passes one of the tests 
approved in this notice or the October 27, 1998 notice, the 
Secretary will consider that the student demonstrated the requisite 
ability-to-benefit for purposes of section 484(d) of the HEA.

List of Approved ``Ability-to-Benefit'' Tests and Passing Scores

    1. American College Testing (ACT): (English and Math) Passing 
Scores: The approved passing scores on this test are as follows: 
English (14) and Math (15).
    Publisher: The test publisher and the address, contact person, 
telephone, and fax number of the test publisher are: American College 
Testing (ACT), Placement Assessment Programs, 2201 North Dodge Street, 
P.O. Box 168, Iowa City, Iowa 52243, Contact: Dr. James Maxey, 
Telephone: (319) 337-1100, Fax: (319) 337-1790.
    2. ASSET Program: Basic Skills Tests (Reading, Writing, and 
Numerical)--Forms B2 and C2.
    Passing Scores: The approved passing scores on this test are as 
follows: Reading (34), Writing (34), and Numerical (33).
    Publisher: The test publisher and the address, contact person, 
telephone, and fax number of the test publisher are: American College 
Testing (ACT), Placement Assessment Programs, 2201 North Dodge Street, 
P.O. Box 168, Iowa City, Iowa 52243, Contact: Dr. John D. Roth, 
Telephone: (319) 337-1030, Fax: (319) 337-1790.
    3. Career Programs Assessment (CPAT) Basic Skills Subtests Language 
Usage, Reading and Numerical)--Forms A, B, and C.
    Passing Scores: The approved passing scores on this test are as 
follows: Language Usage (43), Reading (44), and Numerical (42).
    Publisher: The test publisher and the address, contact person, 
telephone, and fax number of the test publisher are: American College 
Testing (ACT), Placement Assessment Programs, 2201 North Dodge Street, 
P.O. Box 168, Iowa City, Iowa 52243, Contact: Dr. John D. Roth, 
Telephone: (319) 337-1030, Fax: (319) 337-1790.
    4. COMPASS Subtests: Prealgebra/Numerical Skills Placement, Reading 
Placement, and Writing Placement.
    Passing Scores: The approved passing scores on this test are as 
follows: Prealgebra/Numerical (21), Reading (60), and Writing (31).
    Publisher: The test publisher and the address, contact person, 
telephone, and fax number of the test publisher are: American College 
Testing (ACT), Placement Assessment Programs, 2201 North Dodge Street, 
P.O. Box 168, Iowa City, Iowa 52243, Contact: Dr. John D. Roth, 
Telephone: (319) 337-1030, Fax: (319) 337-1790.
    5. Computerized Placement Tests (CPTs)/Accuplacer (Reading

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Comprehension, Sentence Skills, and Arithmetic).
    Passing Scores: The approved passing scores on this test are as 
follows: Reading Comprehension (52), Sentence Skills (60), and 
Arithmetic (36).
    Publisher: The test publisher and the address, contact person, 
telephone, and fax number of the test publisher are: The College Board, 
45 Columbus Avenue, New York, New York 10023-6992, Contact: Ms. Loretta 
M. Church, Telephone: (212) 713-8000, Fax: (212) 713-8063.
    6. Descriptive Tests: Descriptive Tests of Language Skills (DTLS) 
(Reading Comprehension, Sentence Structure and Conventions of Written 
English)--Forms M-K-3KDT and M-K-3LDT; and Descriptive Tests of 
Mathematical Skills (DTMS) (Arithmetic)--Forms M-K-3KDT and M-K-3LDT.
    Passing Scores: The approved passing scores on this test are as 
follows: Reading Comprehension (108), Sentence Structure (9), 
Conventions of Written English (309), and Arithmetic (506).
    Publisher: The test publisher and the address, contact person, 
telephone, and fax number of the test publisher are: The College Board, 
45 Columbus Avenue, New York, New York 10023-6992, Contact: Ms. Loretta 
M. Church, Telephone: (212) 713-8000, Fax: (212) 713-8063.
    7. Test of Adult Basic Education (TABE): (Reading Total, Total 
Mathematics, Total Language)--Forms 5 and 6, Level A, Complete Battery 
and Survey Versions.
    Passing Scores: The approved passing scores on this test are as 
follows: Reading Total (768), Total Mathematics (783), Total Language 
(714).
    Publisher: The test publisher and the address, contact person, 
telephone, and fax number of the test publisher are:
    CTB/McGraw-Hill 20 Ryan Ranch Road, Monterey, California 93940-
5703; Contact: Ms. Tina Gwaltney, Telephone: (831) 393-7749, Fax: (831) 
393-7142.
    8. Test of Adult Basic Education (TABE): (Reading, Total 
Mathematics, Language)--Forms 7 and 8, Level A, Complete Battery and 
Survey Versions.
    Passing Scores: The approved passing scores on this test are as 
follows: Reading (559), Total Mathematics (562), Language (545).
    Publisher: The test publisher and the address, contact person, 
telephone, and fax number of the test publisher are:
    CTB/McGraw-Hill 20 Ryan Ranch Road, Monterey, California 93940-
5703; Contact: Ms. Tina Gwaltney, Telephone: (831) 393-7749, Fax: (831) 
393-7142.
    9. Wonderlic Basic Skills Test (WBST)--Verbal Forms VS-1 & VS-2, 
Quantitative Forms QS-1 & QS-2.
    Passing scores: The approved passing scores on this test are as 
follows: Verbal (200) and Quantitative (210).
    Publisher: The test publisher and the address, contact person, 
telephone, and fax number of the test publisher are: Wonderlic 
Personnel Test, Inc., 1509 N. Milwaukee Ave., Libertyville, IL 60048-
1380; Contact: Mr. Victor S. Artese, Telephone: (800) 323-374, Fax: 
(847) 680-9492.

Duration of Approval

    The Secretary approves each of these tests for five years from the 
date of the Secretary's written notice to the test publisher, unless 
the Secretary withdraws this approval or the publisher requests that 
approval of a test be withdrawn. In either case, the Secretary will 
publish a notice in the Federal Register indicating this change. Users 
are referred to the test publisher's technical manual for computing 
these scores.

Electronic Access to This Document

    Anyone may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or 
portable document format (pdf) on the World Wide Web at either of the 
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

To use the pdf you must have the Adobe Acrobat Reader Program with 
Search, which is available for free at either of the previous sites. If 
you have questions about using the pdf, call the U.S. Government 
Printing Office at (202) 512-1530 or, toll free, at 1-888-293-6498.
    Anyone may also view these documents in text copy only on an 
electronic bulletin board of the Department. Telephone: (202) 219-1511 
or, toll free, 1-800-222-4922. The documents are located under Option 
G-Files/Announcements, Bulletins and Press Releases.

    Note. The official version of this document is the document 
published in the Federal Register.

    Dated: April 29, 1999.
Greg Woods,
Chief Operating Officer, Office of Student Financial Assistance.
[FR Doc. 99-11238 Filed 5-4-99; 8:45 am]
BILLING CODE 4000-01-U