Ability to Benefit

(ATB)

Program Integrity Final

Rule

ATB Student Student meets ATB criteria if completes:

6 semester, trimester, or quarter credit hours 225 clock hours

Successfully completed coursework may be part of any eligible program at the school Failed classes do not count as completed

Eligibility is not retroactive to any payment period or module taken to complete the hours

§668.32(e)(5)

ATB Definitions Test:

A standardized test, assessment, or instrument with formal protocols on how to administer

Not limited to paper and pencil, and may be computer-administered

§668.142

ATB Definitions Test administrator:

Certified by the test publisher or State to give the test, Does not score the tests

Protects the test and results from improper disclosure or release, and

Is not compensated on the basis of test outcomes

§668.142

ATB Definitions Independent test administrator:

Administers tests at a location other than an assessment center

Has no current or prior financial or ownership interest in the school, its affiliates, or parent corporation

Has no controlling interest in any other school

§668.142

ATB Definitions Independent test administrator (cont.):

Is not a current or former— Employee of, or consultant to, the school,

Or to a member of the board of directors, CEO, CFO, school affiliates or parent corporation

Member of the board of directors, or Student at the school

Has no control nor interest in another school

Not a family member of any of the above

§668.142

ATB Definitions Assessment center:

Clarifies that test administrators must give the approved tests for ATB

Test publisher: Specifies that a test publisher may be

authorized by the copyright holder to represent its interests

Individual with a disability: Replaces the term disabled student

§668.142

ATB Tests Approval processes

Combines requirements for States or test publishers in one section

Requires documentation of periodic reviews Requires evidence that test was normed

using contemporary sample of high school graduates Instead of a group beyond the age of

compulsory high school attendance Removes performance-based tests

§668.144(a)-(c)

ATB Tests Approval processes (cont.)

Requires test publishers to include in their applications for approval a description of— Their test administrator certification process, Test anomaly analysis they will conduct and

submit to the Department, and The types of accommodations for individuals

with disabilities, and a reporting process on their use of any such accommodations

§668.144(a)-(c)

ATB Tests Test administrator certification

description must indicate how the test publisher or State will determine that the test administrator— Has the necessary training, knowledge,

skill, and integrity to test students in accordance with the test publisher’s requirements, and

Has the ability and facilities to keep its test secure against disclosure or release§668.144(c) and (d)

ATB Tests Test approval procedures are extended

to cover States Tests are approved for up to five years

from date published in the Federal Register

Approval may be revoked if the test is substantially changed without re-submission Effective 120 days from revocation notice in

the Federal Register§668.145

ATB Tests Passing scores

Remains one standard deviation below the mean but now must be based upon a sample of high school graduates in the United States who took the test within three years of submission for approval

§668.147

ATB Tests Additional criteria for approving certain

tests Tests for non-native English speakers, other

than tests in Spanish, must— Have a recommendation for a provisional

passing score based upon a sample of test takers The sample must represent non-English and non-

Spanish speaking individuals who have a high school diploma

English competency exams must— Have scores based upon those who complete

the program, rather than entered the program§668.148

ATB Special provisions—

Section now exclusively refers to individuals with disabilities

Former content on foreign languages was removed

§668.149

ATB Agreements Agreement now includes provisions to—

Require test administrators to attest that they are not currently decertified and to agree to inform the test publisher or State immediately if they are decertified by another publisher or State

Certify only test administrators who have not been decertified within the last three years

Re-evaluate test administrators who were decertified by another test publisher or State

§668.150

ATB Agreements Agreement includes (cont.)—

Notify the test administrator, ED, and schools immediately when a test administrator is decertified

Review test results of a decertified test administrator immediately and notify affected schools and students

Provide copies of test anomaly analysis every 18 months

Report to ED when test has been compromised

§668.150

ATB Agreements Agreement includes (cont.)—

Provide access to test records and other documents for audits, investigations, and program reviews

Report to ED’s Office of Inspector General any credible indications of fraud or other misconduct by a test administrator or school

Report any accommodations for an individual with a disability and the nature of the disability§668.150

ATB Test Administration A test must be independently

administered, which now specifically includes that— The test is given by a certified test

administrator employed at an assessment center, or

The test is given by an independent test administrator who maintains tests at a secure location and submits the test for scoring by the test publisher or the State

For a computer-based test, a record of the test scores is submitted within two business days of administering the test

§668.151

ATB Test Administration Schools must keep records of—

Each individual who took an ATB test, The name and address of the test

administrator who gave the test, and Any identifier assigned to the test

administrator by the test publisher or State Documentation of an individual’s disability

and testing arrangements, if testing accommodations were required or requested

§668.151

Assessment Centers Administration centers must comply

with the same requirements for non-native English speakers and individuals with disabilities

Must provide copies of completed tests or lists of scores to the test publisher or State on a weekly basis Must include the name and address of the

test administrator and any identifier assigned to the him or her by the test publisher or State§668.152

English as a Second Language An individual whose native language is

not English and who is enrolled in an educational program that is taught in English with an ESL component, must— Take an approved English language

proficiency assessment before beginning the portion of the program taught in English, and

Take an approved ATB test

§668.153

Disability Accommodations For individuals with disabilities that

require accommodations— The test administrator must ensure that

alternative arrangements are documented List of potential sources of such

documentation was expanded Includes disability records from a local or State

educational agency, government agency, such as SSA or a vocational rehabilitation agency that may include diagnosis and recommended testing accommodations

§668.153

School Accountability A school is liable for federal student aid

disbursed if— The test was not independently

administered, Now incorporating requirements for assessment

centers and independent test administrators The school or one of its employees

compromised the testing process in any way, or

The school is unable to document the student’s passing score on an approved test§668.154