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Application for Ability

to Benefit Testing Approval This request is for extension of the approval of the reporting and recordkeeping requirements that are contained in the information collection 1845

- 0049. These regulations govern the application for and approval by the Secretary

of assessments by

a private test publisher or State that are used to measure a student’s skills and abilities. The administration of approved ability to benefit (ATB) tests may be used to determine a student's eligibility for as sistance for the Title IV student financial assistance programs authorized under the Higher Education Act of 1965, as amended (HEA) when the student does not have a high school diploma or its recognized equivalent. The HEA, as amended by the Consolidate d Appropriation Act, 2012 (Pub. L . 112

- 74) changed the Federal student aid eligibility criteria for students without a high school diploma or the recognized equivalent of a high school diploma. The statute retained the completion of a homeschool program a s an eligibility alternative, but removed the passing of an independently administered Department approved ATB test as an eligibility criteria previously

available to aid applicants. This change was effective for students who first enrolled in a program o f study on or after July 1, 2012. Official guidance from the Department maintains that for students who previously

attended an eligible program prior to July 1, 2012 and need to establish Title IV eligibility after July 1, 2012, the provisions of Public L aw 112

- 74 do not apply and will not prevent those students from using prior ATB alternatives including passing an ATB test. **34 CFR 668.144** Section 668.144(c) (16) requires that a test publisher, as part of its ATB test application describe its process t o determine how a test administrator has the necessary training, knowledge, skills, and integrity

to test students, as well as how a test administrator has the ability and facilities to keep its test secure against disclosure or release. We estimate that a test publisher will on average take 2.5 additional hours to develop its process to establish that a test administrator has the necessary training, knowledge, skills and integrit y to test students. Pursuant to prior regulatory requirements, each test pu blisher was required to have a process for determining the level of training, knowledge, and skills of a test administrator, the new final requirement includes a process to determine the integrity of the test administrator and to report their process to th e Secretary in its submission for approval. 4 for profit test publishers X 2.5 hours = 10 hours Section 668.144(c)(17) requires that a test publisher, will explain to the Secretary its test anomaly anal ys is; how it will identify potential test irregularities and make a determination that test irregularities have occurred; an explanation of the process and procedures for corrective action, including decertification of a certified test administrator; and report information on when and how it will notify

a test administrator, the Secretary , the institutions where the test irregularities occurred, that the test administrator has been decertified. We estimate that a test publisher will on average take 75 hours to develop its test anomaly process and to estab lish its test anomaly anal ys is and explain it to the Secretary . ThatICRAS 1423 1845

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explanation must include its test irregularity detection process, its corrective action process, including its decertification of test administrator process, as well as its reporting pro cesses. 4 for profit test publishers X 75 hours = 300 hours Section 668.144(c)(18 requires that a test publisher, will describe to the Secretary the ty pes of accommodations available to individuals with disabilities, including an explanation of any a ccessible technologies and a description of the process for a test administrator to identify and report when accommodations for individuals with disabilities were provided. We estimate that a test publisher will on average take 1 hour to develop and describe to the Secretary

the t ypes of accommodations available to individuals with disabilities, the process the test administrator will use to support the identification of the disability and the process to report when accommodations were used. 4 for profi t test publishers X 1hour = 4 hours **34 CFR 668.150** Section 668.150(b) (2) requires that each test publisher obtain a certification statement from each prospective test administrator indicating that he or she is not currently decertified and that if the t est administrator becomes decertified by another test publisher that the test administrator will immediately notify all other test publishers for whom the test administrator administers ATB tests. We estimate that a test publisher will on average take . 5 hours (30 minutes) to review its process to obtain a certification statement from each prospective test administrator. We estimate that it will take each prospective test administrator .17 hours (10 minutes) to access, read, certify and submit the writt en certification to the test publisher. We es timate that each test publisher will take .08 hours (5 minutes) to review each certification. For Profits process review : 4 for profit test publishers X .5 hours = 2 hours For Profits review of submitted cer tifications : 1,887 test administrators for review X .08 hour = 151 hours Section 668.150(b) (6) requires that the test publisher immediatel y notify the test administrator, the Secretary , and the institutions where the test administrator previously admin istered the ATB tests when it decertifies a test administrator. We estimate that 1 percent of the universe of test administrators or 19 test administrators will become decertified. We estimate that it will take test publishers and States 1 hour per de certification to notify

the test administrators, the Secretary , and the affected institutions for a total of 19 hours of burden. For Profits decertification process : Test publishers = 1,887 test administrators X .01 = 19 19 test administrators X 1 ho ur = 19 hoursICRAS 1423 1845

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Section 668.150(b)(7) requires that when the test publisher makes a determination that ATB tests have been improperl y administered, the final regulations require that the affected students and prospective students must be notified by the res pective test publisher. In addition, the final regulations require that the respective test publisher are required to provide a report to the Secretary

on the results of their review and determination of improper ATB test administration, the notifications to the institutions, students and prospective students. We estimate that it will take each test publisher 3 hours to review their process to determine when ATB tests have been improperl y administered. We estimate that 240,882 ATB tests will be provid ed per year and estimate that 1 % of those tests could be improperly administered or 2,409 affected students or prospective students would require notification from the test publisher. We estimate that the notification process and any follow

- up contact to average .33 hours (20 minutes) per contact and .25 hours (15 minutes) per student. ATB test publishers to review. process to determine when an ATB test has been improperly

administered: 4 for profit test publishers X 3 hours = 12 hours ATB test publish er immediate notification to affected students and prospective students of improper testing: 2,409 affected students X .25 hours = 602 hours Test publishers reporting to the Department the results of review and notification to institutions and students wh o have been improperly tested: 2,409 affected students X .33 hours = 795 hours Section 668.150(b)(8) requires that when a test publisher re

- certifies a previously decertified test administrator after the three year decertification period, the final regu lations require the test publisher to report to the Secretary information on previously decertified test administrators that it re

- certifies. For profit t est publishers:19 de

- certifications X .02 % recertified = 1 recertification after the 3

- yrperiod 1 recertification X 1 hour = 1 hour Section 668.150(b)(13) requires to require that test publishers analyze the test scores for all ATB test takers every 18 months to determine if there are any i rregular patterns that raises an inference of improper test administration. We estimate that a test publisher will on average take 75 hours to conduct its test anomaly process to establish its test anomaly analy sis and report the results to the Secretary at the end of each 18

- month period. That explanation must i nclude its test irregularity detection process results, its corrective action process results, including its decertification of test administrator process results, as well as its reporting processes. For profit test publishers: 4 approved ATB tests X 7 5 hours = 300 hours Section 668.150(b)(15) requires that the test publisher immediatel y report to the Secretary if it finds any

credible information indicating that the approved ATB test has been compromised.ICRAS 1423 1845

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We estimate 240,882 ATB tests will be taken e ach year, of that number we estimate that in .001 % of the tests or 241 cases will be compromised and therefore required to be reported to the Secretary . We estimate the collection of credible information and its reporting to the Secretary to take 1 hour per incidence. For profit t est publishers data collection and reporting of compromised ATB tests: 240,882 annual tests X .001 compromised tests = 241 cases to be reported to ED X 1 hour = 241 hours Section 668.150(b)(16) requires that the test publishe r immediatel y report to the Office of the Inspector General of the Department of Education any credible information indicating that a test administrator or institution may have engaged in fraud or other criminal misconduct. We estimate 240,882 ATB tests will be taken each year, of that number we estimate that in .001 % of the tests or 241 cases that will be credible information indicating that a test administrator or institution may have engaged in fraud or other criminal conduct. We estimate the collec tion of credible information and its reporting to the Office of the Inspector General to take 1 hour per incidence. For profit t est publishers data collection and reporting of compromised ATB tests: 240,882 annual tests X .001 compromised tests = 241 cas es reported to OIG X 1 hour = 241 hours Section 668.150(b)(17) requires that all certified test administrators are required to report to the test publisher the nature of the disability and any accommodations provided when approved ATB tests are given to individuals with disabilities. We estimate that the average amount of time that a test publisher, will take to review its process for having test administrators report the nature of the test taker’s disability and an y accommodation provided to the indivi dual with the disability to be 1 hours per test. For profit t est publishers and review of disability accommodation : 4 for profit tests X 1 hours for development & implementation = 4 hours **34 CFR Section 668.151** Section 668.151(g)(4 ) requires that ins titutions where approved ATB test are given b y certified test administrators either at assessment centers or b y an independent test administrators, maintain the name and address of the test administrator who administered the test. Section 668.151(g)(5) r equires that if the individual who took the test has a disability and as a result was unable to be evaluated b y the use of a conventional test or required test accommodations, that documentation of the individual’s disability and of the testing arrangement s must be maintained b y the institution. We estimate that on average it will take an institution .08 hours (5 minutes) per ATB test to collect and maintain the identifier information on each test administrator for each ATB test provided

. In addition, fo r the ATB test takers who are individuals with disabilities that it willICRAS 1423 1845

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take an additional .08 hours (5 minutes) per test taker to collect and maintain documentation on the individual’s disability and the testing accommodations that were made by the test administrator for the ATB test

- taker

. Section 668.151(g)(4)

–requirement that institutions maintain the identifier information for all certified ATB test administrators. For Profit Institutions : 240,882 ATB test takers X .38% (For Profit institutions as a percentage of all participating institutions) = 91,535 X .08 hours = 7,323 hours Section 668.151(g)(5)

–requirement that institutions collect and maintain documentation of the individual ATB test

- takers disability and of any

accommodating provided by the certified test administrator to the ATB test

- taker (668.151(g)(5)).
F or Profit Institutions : 28,906 cases of individuals with disabilities taking an ATB test X .38 (proprietary

i nstitutions as a percentage of all participating institutions) 10,984 X .08 hours per case reported = 879 hours TOTAL S Responses 109,754 Respondents 109,754 Burden Hours 10,884