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.

[Federal Register: May 5, 1999 (Volume 64, Number 86)]

[Notices]               

[Page 24245-24247]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05my99-115]



[[Page 24245]]


_______________________________________________________________________


Part III






Department of Education






_______________________________________________________________________




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

Notice



[[Page 24246]]




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


[[Page 24247]]


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