+------------------------------------------------+------+-----+------+
| **NRS NPRM Language requesting approval**      | **   | **  | **   |
|                                                | Expe | Fre | Resp |
|                                                | cted | que | onse |
|                                                | \#   | ncy | ti   |
|                                                | of   | of  | me** |
|                                                | r    | the |      |
|                                                | espo | R   |      |
|                                                | nden | esp |      |
|                                                | ts** | ons |      |
|                                                |      | e** |      |
+================================================+======+=====+======+
| Language from sections 462.11, 462.12, 462.13, | 50   | O   | 40   |
| 462.14                                         |      | nce | hrs  |
|                                                |      | a   | per  |
| §462.11 What must an application contain?      |      | t   | r    |
|                                                |      | est | espo |
| (a) [Application content and                   |      | ma  | nse. |
|     format]{.underline}.                       |      | ker | This |
|                                                |      | is  | incl |
| > \(1\) In order for the Secretary to          |      | app | udes |
| > determine whether a standardized test is     |      | rov | time |
| > suitable for measuring the gains of          |      | ed, | to:  |
| > participants in an adult education program   |      | the | re   |
| > required to report under the NRS, a test     |      | t   | view |
| > publisher must include with its application  |      | est | i    |
| > information listed in paragraphs (b) through |      | is  | nstr |
| > (i), as well as the applicable information   |      | su  | ucti |
| > in paragraph (j), of this section.           |      | ita | ons, |
|                                                |      | ble | se   |
| \(2\) A test publisher must arrange the        |      | for | arch |
| information in its application in the order it |      | se  | for  |
| is presented in paragraphs (b) through (j) of  |      | ven | exis |
| this section.                                  |      | yea | ting |
|                                                |      | rs. | data |
| \(3\) A test publisher must submit to the      |      |     | sour |
| Secretary three copies of its application.     |      | Ap  | ces, |
|                                                |      | pro | g    |
| \(b\) [General information]{.underline}. (1) A |      | ved | athe |
| statement, in the technical manual for the     |      | t   | ring |
| test, of the intended purpose of the test and  |      | est | and  |
| of how the test will allow examinees to        |      | p   | or   |
| demonstrate the skills that are associated     |      | ubl | gani |
| with the NRS educational functioning levels in |      | ish | zing |
| §462.44.                                       |      | ers | the  |
|                                                |      | wo  | data |
| \(2\) The name, address, e-mail address, and   |      | uld | nee  |
| telephone and fax numbers of a contact person  |      | re  | ded, |
| to whom the Secretary may address inquiries.   |      | sub | co   |
|                                                |      | mit | mple |
| (3) A summary of the precise editions, forms,  |      | ap  | ting |
|     levels, and, if applicable, sub-tests and  |      | pli | and  |
|     abbreviated tests that the test publisher  |      | cat | r    |
|     is requesting that the Secretary review    |      | ion | evie |
|     and determine to be suitable for use in    |      | ev  | wing |
|     the NRS.                                   |      | ery | the  |
|                                                |      | se  |      |
| \(c\) [Development]{.underline}. Documentation |      | ven | app  |
| of how the test was developed, including a     |      | ye  | lica |
| description of\--                              |      | ars | tion |
|                                                |      | for | as   |
| \(1\) The nature of samples of examinees       |      | app | d    |
| administered the test during pilot or field    |      | rov | escr |
| testing, for example\--                        |      | al. | ibed |
|                                                |      |     | in   |
| \(i\) The number of examinees administered     |      | New | sec  |
| each item;                                     |      | t   | tion |
|                                                |      | est | 462  |
| \(ii\) How similar were the sample or samples  |      | p   | .11, |
| of examinees used to develop and evaluate the  |      | ubl | and  |
| test to the adult education population of      |      | ish | re   |
| interest to the NRS; and                       |      | ers | spon |
|                                                |      | can | ding |
| \(iii\) The steps, if any, taken to ensure     |      | a   | to   |
| that the examinees were motivated while        |      | lso | q    |
| responding to the test; and                    |      | s   | uest |
|                                                |      | eek | ions |
| \(2\) The steps taken to ensure the quality of |      | ap  | the  |
| test items or tasks, for example\--            |      | pro | S    |
|                                                |      | val | ecre |
| \(i\) The extent to which items or tasks on    |      | on  | tary |
| the test have been reviewed for fairness and   |      | an  | may  |
| sensitivity; and                               |      | ann | ra   |
|                                                |      | ual | ise. |
| \(ii\) The extent to which items or tasks on   |      | ba  |      |
| the test have been screened for the adequacy   |      | sis |      |
| of their psychometric properties.              |      | f   |      |
|                                                |      | rom |      |
| \(d\) [Maintenance]{.underline}. Documentation |      | the |      |
| of how the test is maintained, including a     |      | De  |      |
| description of\--                              |      | par |      |
|                                                |      | tme |      |
| \(1\) How frequently, if ever, new forms of    |      | nt. |      |
| the test are developed;                        |      |     |      |
|                                                |      |     |      |
| \(2\) The steps taken to ensure the            |      |     |      |
| comparability of scores across forms of the    |      |     |      |
| test;                                          |      |     |      |
|                                                |      |     |      |
| \(3\) The steps taken to maintain the security |      |     |      |
| of the test; and                               |      |     |      |
|                                                |      |     |      |
| \(4\) A history of the test's use.             |      |     |      |
|                                                |      |     |      |
| \(e\) [Match of content to the NRS educational |      |     |      |
| functioning levels (content                    |      |     |      |
| validity)]{.underline}. Documentation of the   |      |     |      |
| extent to which the items or tasks on the test |      |     |      |
| cover the skills in the NRS educational        |      |     |      |
| functioning levels in §462.44, including\--    |      |     |      |
|                                                |      |     |      |
| \(1\) Whether the items or tasks on the test   |      |     |      |
| require the types and levels of skills used to |      |     |      |
| describe the NRS educational functioning       |      |     |      |
| levels;                                        |      |     |      |
|                                                |      |     |      |
| \(2\) Whether the items or tasks measure       |      |     |      |
| skills that are not associated with the NRS    |      |     |      |
| educational functioning levels;                |      |     |      |
|                                                |      |     |      |
| \(3\) Whether aspects of a particular NRS      |      |     |      |
| educational functioning level are not covered  |      |     |      |
| by any of the items or tasks;                  |      |     |      |
|                                                |      |     |      |
| \(4\) Whether there are items or tasks that    |      |     |      |
| are not associated with any of the NRS         |      |     |      |
| educational functioning levels;                |      |     |      |
|                                                |      |     |      |
| \(5\) The procedures used to establish the     |      |     |      |
| content validity of the test;                  |      |     |      |
|                                                |      |     |      |
| \(6\) The number of subject-matter experts who |      |     |      |
| provided judgments linking the items or tasks  |      |     |      |
| to the educational functioning levels, and     |      |     |      |
| their qualifications for doing so,             |      |     |      |
| particularly their familiarity with adult      |      |     |      |
| education and the NRS educational functioning  |      |     |      |
| levels; and                                    |      |     |      |
|                                                |      |     |      |
| \(7\) The extent to which the judgments of the |      |     |      |
| subject matter experts agree.                  |      |     |      |
|                                                |      |     |      |
| \(f\) [Match of scores to NRS educational      |      |     |      |
| functioning levels]{.underline}. Documentation |      |     |      |
| of the adequacy of the procedure used to       |      |     |      |
| translate the performance of an examinee on a  |      |     |      |
| particular test to an estimate of the          |      |     |      |
| examinee's standing with respect to the NRS    |      |     |      |
| educational functioning levels in §462.44,     |      |     |      |
| including\--                                   |      |     |      |
|                                                |      |     |      |
| \(1\) The standard-setting procedures used to  |      |     |      |
| establish cut scores for transforming raw or   |      |     |      |
| scale scores on the test into estimates of an  |      |     |      |
| examinee's NRS educational functioning level;  |      |     |      |
|                                                |      |     |      |
| \(2\) If judgment-based procedures were        |      |     |      |
| used\--                                        |      |     |      |
|                                                |      |     |      |
| \(i\) The number of subject matter experts who |      |     |      |
| provided judgments, and their qualifications;  |      |     |      |
| and                                            |      |     |      |
|                                                |      |     |      |
| \(ii\) Evidence of the extent to which the     |      |     |      |
| judgments of subject-matter experts agree;     |      |     |      |
|                                                |      |     |      |
| \(3\) The standard error of each cut score,    |      |     |      |
| and how it was established; and                |      |     |      |
|                                                |      |     |      |
| \(4\) The extent to which the cut scores might |      |     |      |
| be expected to differ if they had been         |      |     |      |
| established by a different (though similar)    |      |     |      |
| panel of experts.                              |      |     |      |
|                                                |      |     |      |
| \(g\) [Reliability]{.underline}. Documentation |      |     |      |
| of the degree of consistency in performance    |      |     |      |
| across different forms of the test in the      |      |     |      |
| absence of any external interventions,         |      |     |      |
| including\--                                   |      |     |      |
|                                                |      |     |      |
| \(1\) The correlation between raw (or          |      |     |      |
| number-correct) scores across alternate forms  |      |     |      |
| of the test;                                   |      |     |      |
|                                                |      |     |      |
| \(2\) The consistency with which examinees are |      |     |      |
| classified into the same NRS educational       |      |     |      |
| functioning levels across forms of the test.   |      |     |      |
| Information regarding classification           |      |     |      |
| consistency should be reported for each NRS    |      |     |      |
| educational functioning level that the test is |      |     |      |
| being considered for use in measuring;         |      |     |      |
|                                                |      |     |      |
| \(3\) The adequacy of the research design      |      |     |      |
| leading to the estimates of the reliability of |      |     |      |
| the test, including\--                         |      |     |      |
|                                                |      |     |      |
| \(i\) The size of the sample;                  |      |     |      |
|                                                |      |     |      |
| \(ii\) The similarity between the sample used  |      |     |      |
| in the data collection and the adult education |      |     |      |
| population; and                                |      |     |      |
|                                                |      |     |      |
| \(iii\) The steps taken to ensure the          |      |     |      |
| motivation of the examinees; and               |      |     |      |
|                                                |      |     |      |
| \(4\) Any other information explaining the     |      |     |      |
| methodology and procedures used to measure the |      |     |      |
| reliability of the test.                       |      |     |      |
|                                                |      |     |      |
| \(h\) [Construct validity]{.underline}.        |      |     |      |
| Documentation of the appropriateness of a      |      |     |      |
| given test for measuring educational gain for  |      |     |      |
| the NRS, [i.e.]{.underline}, documentation     |      |     |      |
| that the test measures what it is intended to  |      |     |      |
| measure, including\--                          |      |     |      |
|                                                |      |     |      |
| \(1\) The extent to which the raw or scale     |      |     |      |
| scores and the educational functioning         |      |     |      |
| classifications associated with the test       |      |     |      |
| correlate (or agree) with scores or            |      |     |      |
| classifications associated with other tests    |      |     |      |
| designed or intended to assess educational     |      |     |      |
| gain in the same adult education population as |      |     |      |
| the NRS;                                       |      |     |      |
|                                                |      |     |      |
| \(2\) The extent to which the raw or scale     |      |     |      |
| scores are related to other relevant           |      |     |      |
| variables, such as hours of instruction or     |      |     |      |
| other important process or outcome variables;  |      |     |      |
|                                                |      |     |      |
| \(3\) The adequacy of the research designs     |      |     |      |
| associated with these sources of evidence (see |      |     |      |
| paragraph (g)(3) of this section); and         |      |     |      |
|                                                |      |     |      |
| \(4\) Other evidence demonstrating that the    |      |     |      |
| test measures gains in educational functioning |      |     |      |
| resulting from adult education, and not some   |      |     |      |
| other construct-irrelevant variables, such as  |      |     |      |
| practice effects.                              |      |     |      |
|                                                |      |     |      |
| \(i\) [Other information]{.underline}. (1) A   |      |     |      |
| description of the manner in which test-taking |      |     |      |
| time was determined in relation to the content |      |     |      |
| domains of the NRS educational functioning     |      |     |      |
| levels, and an analysis of the effects of time |      |     |      |
| on performance.                                |      |     |      |
|                                                |      |     |      |
| \(2\) Additional guidance on the               |      |     |      |
| interpretation of scores resulting from any    |      |     |      |
| modifications of the tests for an individual   |      |     |      |
| with a disability.                             |      |     |      |
|                                                |      |     |      |
| \(3\) The manual provided to test              |      |     |      |
| administrators containing procedures and       |      |     |      |
| instructions for test security and             |      |     |      |
| administration.                                |      |     |      |
|                                                |      |     |      |
| \(4\) A description of the training or         |      |     |      |
| certification required of test administrators  |      |     |      |
| and scorers by the test publisher.             |      |     |      |
|                                                |      |     |      |
| \(5\) A description of retesting procedures    |      |     |      |
| and the analysis upon which the criteria for   |      |     |      |
| retesting are based.                           |      |     |      |
|                                                |      |     |      |
| \(6\) Such other evidence as the Secretary may |      |     |      |
| determine is necessary to establish the test's |      |     |      |
| compliance with the criteria and requirements  |      |     |      |
| the Secretary uses to determine the            |      |     |      |
| suitability of tests as provided in §462.13.   |      |     |      |
|                                                |      |     |      |
| \(j\) [Previous tests]{.underline}. (1) For a  |      |     |      |
| test used to measure educational gain in the   |      |     |      |
| NRS before the effective date of these         |      |     |      |
| regulations that is being submitted to the     |      |     |      |
| Secretary for review under this part, the test |      |     |      |
| publisher must provide documentation of        |      |     |      |
| periodic review of the content and             |      |     |      |
| specifications of the test to ensure that the  |      |     |      |
| test continues to reflect NRS educational      |      |     |      |
| functioning levels.                            |      |     |      |
|                                                |      |     |      |
| \(2\) For a test first published five years or |      |     |      |
| more before the date it is submitted to the    |      |     |      |
| Secretary for review under this part, the test |      |     |      |
| publisher must provide documentation of        |      |     |      |
| periodic review of the content and             |      |     |      |
| specifications of the test to ensure that the  |      |     |      |
| test continues to reflect NRS educational      |      |     |      |
| functioning levels.                            |      |     |      |
|                                                |      |     |      |
| \(3\) For a test that has not changed in the   |      |     |      |
| seven years since the Secretary determined,    |      |     |      |
| under §462.13, that it was suitable for use in |      |     |      |
| the NRS that is again being submitted to the   |      |     |      |
| Secretary for review under this part, the test |      |     |      |
| publisher must provide new data supporting the |      |     |      |
| validity of the test.                          |      |     |      |
|                                                |      |     |      |
| \(4\) If a test has been substantially         |      |     |      |
| revised\--for example by changing its          |      |     |      |
| structure, number of items, content            |      |     |      |
| specifications, item types, or                 |      |     |      |
| sub-tests\--from the most recent edition       |      |     |      |
| reviewed by the Secretary under this part, the |      |     |      |
| test publisher must provide an analysis of the |      |     |      |
| revisions, including the reasons for the       |      |     |      |
| revisions, the implications of the revisions   |      |     |      |
| for the comparability of scores on the current |      |     |      |
| test to scores on the previous test, and       |      |     |      |
| results from validity, reliability, and        |      |     |      |
| equating or standard-setting studies           |      |     |      |
| undertaken subsequent to the revisions.        |      |     |      |
|                                                |      |     |      |
| (Authority: 20 U.S.C. 9212)                    |      |     |      |
|                                                |      |     |      |
| [§462.12 What procedures does the Secretary    |      |     |      |
| use to review the suitability of               |      |     |      |
| tests]{.underline}?                            |      |     |      |
|                                                |      |     |      |
| \(a\) [Review]{.underline}. (1) When the       |      |     |      |
| Secretary receives a complete application from |      |     |      |
| a test publisher, the Secretary selects        |      |     |      |
| experts in the field of educational testing    |      |     |      |
| and assessment who possess appropriate         |      |     |      |
| advanced degrees and experience in test        |      |     |      |
| development or psychometric research, or both, |      |     |      |
| to advise the Secretary on the extent to which |      |     |      |
| a test meets the criteria and requirements     |      |     |      |
| contained in §462.13.                          |      |     |      |
|                                                |      |     |      |
| \(2\) The Secretary reviews and determines the |      |     |      |
| suitability of a test only if an               |      |     |      |
| application\--                                 |      |     |      |
|                                                |      |     |      |
| \(i\) Is submitted by a test publisher;        |      |     |      |
|                                                |      |     |      |
| \(ii\) Meets the deadline established by the   |      |     |      |
| Secretary;                                     |      |     |      |
|                                                |      |     |      |
| \(iii\) Includes a test that has two or more   |      |     |      |
| secure, parallel, equated forms of the test;   |      |     |      |
|                                                |      |     |      |
| \(iv\) Includes a test that samples one or     |      |     |      |
| more of the major content domains of the NRS   |      |     |      |
| educational functioning levels of ABE, ESL, or |      |     |      |
| ASE with sufficient numbers of questions to    |      |     |      |
| represent adequately the domain or domains;    |      |     |      |
| and                                            |      |     |      |
|                                                |      |     |      |
| \(v\) Includes the information prescribed by   |      |     |      |
| the Secretary, including the information in    |      |     |      |
| §462.11 of this part.                          |      |     |      |
|                                                |      |     |      |
| \(b\) [Secretary's determination]{.underline}. |      |     |      |
| (1) The Secretary determines whether a test    |      |     |      |
| meets the criteria and requirements in §462.13 |      |     |      |
| after taking into account the advice of the    |      |     |      |
| experts described in paragraph (a)(1) of this  |      |     |      |
| section.                                       |      |     |      |
|                                                |      |     |      |
| \(2\) For tests that contain multiple          |      |     |      |
| sub-tests measuring content domains other than |      |     |      |
| those of the NRS educational functioning       |      |     |      |
| levels, the Secretary determines the           |      |     |      |
| suitability of only those sub-tests covering   |      |     |      |
| the domains of the NRS educational functioning |      |     |      |
| levels.                                        |      |     |      |
|                                                |      |     |      |
| \(c\) [Suitable tests]{.underline}. If the     |      |     |      |
| Secretary determines that a test satisfies the |      |     |      |
| criteria and requirements in §462.13 and,      |      |     |      |
| therefore, is suitable for use in the NRS, the |      |     |      |
| Secretary\--                                   |      |     |      |
|                                                |      |     |      |
| \(1\) Notifies the test publisher of the       |      |     |      |
| Secretary's decision; and                      |      |     |      |
|                                                |      |     |      |
| \(2\) Annually publishes in the [Federal       |      |     |      |
| Register]{.underline} and posts on the         |      |     |      |
| Internet at www.nrsweb.org a list of the names |      |     |      |
| of tests and the educational functioning       |      |     |      |
| levels the tests are suitable to measure in    |      |     |      |
| the NRS. A copy of the list is also available  |      |     |      |
| from the U.S. Department of Education,         |      |     |      |
| Division of Adult Education and Literacy, 400  |      |     |      |
| Maryland Avenue, SW., room 11159, Potomac      |      |     |      |
| Center Plaza, Washington, DC 20202-7240.       |      |     |      |
|                                                |      |     |      |
| \(d\) [Unsuitable tests]{.underline}. (1) If   |      |     |      |
| the Secretary determines that a test does not  |      |     |      |
| satisfy the criteria and requirements in       |      |     |      |
| §462.13 and, therefore, is not suitable for    |      |     |      |
| use in the NRS, the Secretary notifies the     |      |     |      |
| test publisher of the Secretary's decision and |      |     |      |
| of the reasons why the test does not meet      |      |     |      |
| those criteria and requirements.               |      |     |      |
|                                                |      |     |      |
| \(2\) Within 30 days after the Secretary       |      |     |      |
| notifies a test publisher that its test is not |      |     |      |
| suitable for use in the NRS, the test          |      |     |      |
| publisher may request that the Secretary       |      |     |      |
| reconsider the Secretary's decision. This      |      |     |      |
| request must be accompanied by\--              |      |     |      |
|                                                |      |     |      |
| \(i\) An analysis of why the information and   |      |     |      |
| documentation submitted meet the criteria and  |      |     |      |
| requirements in §462.13 notwithstanding the    |      |     |      |
| Secretary's earlier decision to the contrary;  |      |     |      |
| and                                            |      |     |      |
|                                                |      |     |      |
| \(ii\) Any additional documentation and        |      |     |      |
| information that address the Secretary\'s      |      |     |      |
| reasons for determining that the test was      |      |     |      |
| unsuitable.                                    |      |     |      |
|                                                |      |     |      |
| \(3\) The Secretary reviews the additional     |      |     |      |
| information submitted by the test publisher    |      |     |      |
| and makes a final determination regarding the  |      |     |      |
| suitability of the test for use in the NRS.    |      |     |      |
|                                                |      |     |      |
| \(i\) If the Secretary's decision is unchanged |      |     |      |
| and the test remains unsuitable for use in the |      |     |      |
| NRS, the Secretary notifies the test           |      |     |      |
| publisher, and this action concludes the       |      |     |      |
| review process.                                |      |     |      |
|                                                |      |     |      |
| \(ii\) If the Secretary's decision changes and |      |     |      |
| the test is determined to be suitable for use  |      |     |      |
| in the NRS, the Secretary follows the          |      |     |      |
| procedures in paragraph (c) of this section.   |      |     |      |
|                                                |      |     |      |
| \(e\) [Revocation]{.underline}. (1) The        |      |     |      |
| Secretary\'s determination regarding the       |      |     |      |
| suitability of a test may be revoked if the    |      |     |      |
| Secretary determines that the information the  |      |     |      |
| publisher submitted as a basis for the         |      |     |      |
| Secretary\'s review of the test was            |      |     |      |
| inaccurate.                                    |      |     |      |
|                                                |      |     |      |
| \(2\) If the Secretary revokes the             |      |     |      |
| determination regarding the suitability of a   |      |     |      |
| test, the Secretary publishes in the [Federal  |      |     |      |
| Register]{.underline} and posts on the         |      |     |      |
| Internet at                                    |      |     |      |
| [**www.nrsweb.org**](http://www.nrsweb.org/) a |      |     |      |
| notice of that revocation along with the date  |      |     |      |
| by which States and local eligible providers   |      |     |      |
| must stop using the revoked test. A copy of    |      |     |      |
| the notice of revocation is also available     |      |     |      |
| from the U.S. Department of Education,         |      |     |      |
| Division of Adult Education and Literacy, 400  |      |     |      |
| Maryland Avenue, SW., room 11159, Potomac      |      |     |      |
| Center Plaza, Washington, DC 20202-7240.       |      |     |      |
|                                                |      |     |      |
| (Authority: 20 U.S.C. 9212)                    |      |     |      |
|                                                |      |     |      |
| [§462.13 What criteria and requirements does   |      |     |      |
| the Secretary use for determining the          |      |     |      |
| suitability of tests]{.underline}?             |      |     |      |
|                                                |      |     |      |
| In order for the Secretary to consider a test  |      |     |      |
| suitable for use in the NRS, the test or the   |      |     |      |
| test publisher, if applicable, must meet the   |      |     |      |
| following criteria and requirements:           |      |     |      |
|                                                |      |     |      |
| \(a\) The test must measure the NRS            |      |     |      |
| educational functioning levels of members of   |      |     |      |
| the adult education population.                |      |     |      |
|                                                |      |     |      |
| \(b\) The test must sample one or more of the  |      |     |      |
| major content domains of the NRS educational   |      |     |      |
| functioning levels of ABE, ESL, or ASE with    |      |     |      |
| sufficient numbers of questions to adequately  |      |     |      |
| represent the domain or domains.               |      |     |      |
|                                                |      |     |      |
| (c)(1) The test must meet all applicable and   |      |     |      |
| feasible standards for test construction       |      |     |      |
| provided in the 1999 edition of the [Standards |      |     |      |
| for Educational and Psychological              |      |     |      |
| Testing]{.underline}, prepared by the Joint    |      |     |      |
| Committee on Standards for Educational and     |      |     |      |
| Psychological Testing of the American          |      |     |      |
| Educational Research Association, the American |      |     |      |
| Psychological Association, and the National    |      |     |      |
| Council on Measurement in Education            |      |     |      |
| incorporated by reference in this section. The |      |     |      |
| Director of the [Federal Register]{.underline} |      |     |      |
| approves this incorporation by reference in    |      |     |      |
| accordance with 5 U.S.C. 552(a) and 1 CFR part |      |     |      |
| 51. You may obtain a copy from the American    |      |     |      |
| Psychological Association, Inc., 750 First     |      |     |      |
| Street, NE., Washington, DC 20002. You may     |      |     |      |
| inspect a copy at the Department of Education, |      |     |      |
| room 11108, 550 12th Street, SW., Washington,  |      |     |      |
| DC 20202 or at the National Archives and       |      |     |      |
| Records Administration (NARA). For information |      |     |      |
| on the availability of this material at NARA,  |      |     |      |
| call (202) 741-6030, or go to:                 |      |     |      |
| http://www.archives.gov/federal_register/c     |      |     |      |
| ode_of_federal_regulations/ibr_locations.html. |      |     |      |
|                                                |      |     |      |
| \(2\) If asked by the Secretary, a test        |      |     |      |
| publisher must be able to explain why it       |      |     |      |
| believes that certain standards in the         |      |     |      |
| [Standards for Educational and Psychological   |      |     |      |
| Testing]{.underline} were not applicable or    |      |     |      |
| were not feasible.                             |      |     |      |
|                                                |      |     |      |
| \(d\) The test must contain the publisher's    |      |     |      |
| guidelines for retesting, including time       |      |     |      |
| between test-taking, which are accompanied by  |      |     |      |
| appropriate justification.                     |      |     |      |
|                                                |      |     |      |
| \(e\) The test must have two or more secure,   |      |     |      |
| parallel, equated forms.                       |      |     |      |
|                                                |      |     |      |
| \(f\) For computerized adaptive tests, the     |      |     |      |
| size of the item pool and the method of item   |      |     |      |
| selection must be adequate to ensure           |      |     |      |
| negligible overlap in items across pre- and    |      |     |      |
| post-test administrations of the test to the   |      |     |      |
| same examinee. Scores associated with these    |      |     |      |
| alternate administrations must be equivalent   |      |     |      |
| in meaning.                                    |      |     |      |
|                                                |      |     |      |
| \(g\) For a test that has been modified for an |      |     |      |
| individual with a disability, the test         |      |     |      |
| publisher must\--                              |      |     |      |
|                                                |      |     |      |
| \(1\) Provide documentation that it followed   |      |     |      |
| the guidelines provided in the Testing         |      |     |      |
| Individuals With Disabilities section of the   |      |     |      |
| 1999 edition of the [Standards for Educational |      |     |      |
| and Psychological Testing]{.underline};        |      |     |      |
|                                                |      |     |      |
| \(2\) Provide documentation of the             |      |     |      |
| appropriateness and feasibility of the         |      |     |      |
| modifications relevant to test performance;    |      |     |      |
| and                                            |      |     |      |
|                                                |      |     |      |
| \(3\) Recommend educational functioning levels |      |     |      |
| based on the previous performance of test      |      |     |      |
| takers who are members of the adult education  |      |     |      |
| population of interest to the NRS.             |      |     |      |
|                                                |      |     |      |
| (Authority: 20 U.S.C. 9212)                    |      |     |      |
|                                                |      |     |      |
| [§462.14 How often and under what              |      |     |      |
| circumstances must a test be reviewed by the   |      |     |      |
| Secretary]{.underline}?                        |      |     |      |
|                                                |      |     |      |
| \(a\) The Secretary\'s determination that a    |      |     |      |
| test is suitable for use in the NRS is in      |      |     |      |
| effect for a period of seven years from the    |      |     |      |
| date of the Secretary's written notification   |      |     |      |
| to the test publisher, unless otherwise        |      |     |      |
| indicated by the Secretary. After that time,   |      |     |      |
| if the test publisher wants the test to be     |      |     |      |
| used in the NRS, the test must be reviewed     |      |     |      |
| again by the Secretary so that the Secretary   |      |     |      |
| can determine whether the test continues to be |      |     |      |
| suitable for use in the NRS.                   |      |     |      |
|                                                |      |     |      |
| \(b\) If a test that the Secretary has         |      |     |      |
| determined is suitable for use in the NRS is   |      |     |      |
| substantially revised\--for example, by        |      |     |      |
| changing its structure, number of items,       |      |     |      |
| content specifications, item types, or         |      |     |      |
| sub-tests\--and the test publisher wants the   |      |     |      |
| test to continue to be used in the NRS, the    |      |     |      |
| test publisher must submit, as provided in     |      |     |      |
| §462.11(j)(4), the substantially revised test  |      |     |      |
| or version of the test to the Secretary for    |      |     |      |
| review so that the Secretary can determine     |      |     |      |
| whether the test continues to be suitable for  |      |     |      |
| use in the NRS.                                |      |     |      |
|                                                |      |     |      |
| (Authority: 20 U.S.C. 9212)                    |      |     |      |
+------------------------------------------------+------+-----+------+