ICRAS 1423 1845-0049 v9 – Affected Public – For-Profit Institutions 08/19/2013

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 

assistance 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 Consolidated 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 as 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 of 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 Law 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 to 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 

integrity to test students. Pursuant to prior regulatory requirements, each test publisher 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 the 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 analysis; 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 establish its test anomaly analysis and explain it to the Secretary. That 
ICRAS 1423 1845-0049 v9 – Affected Public – For-Profit Institutions 08/19/2013

explanation must include its test irregularity detection process, its corrective action process, 

including its decertification of test administrator process, as well as its reporting processes. 

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 

types of accommodations available to individuals with disabilities, including an explanation of 

any accessible 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 types 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 profit 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 test 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 written certification to the test publisher. We estimate 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 certifications: 1,887 test administrators for review X .08 

hour = 151 hours

Section 668.150(b) (6) requires that the test publisher immediately notify the test 

administrator, the Secretary, and the institutions where the test administrator previously

administered 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 

decertification 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 hour = 19 hours
ICRAS 1423 1845-0049 v9 – Affected Public – For-Profit Institutions 08/19/2013

Section 668.150(b)(7) requires that when the test publisher makes a determination that 

ATB tests have been improperly administered, the final regulations require that the affected 

students and prospective students must be notified by the respective 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 improperly administered. We estimate that 240,882 ATB 

tests will be provided 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 publisher 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 who 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 regulations 

require the test publisher to report to the Secretary information on previously decertified test 

administrators that it re-certifies.

For profit test publishers:19 de-certifications X .02 % recertified = 1 recertification after 

the 3-yr period

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 irregular 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 analysis and report the results to the Secretary at 

the end of each 18-month period. That explanation must include 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 75 hours = 300 hours

Section 668.150(b)(15) requires that the test publisher immediately report to the 

Secretary if it finds any credible information indicating that the approved ATB test has been 

compromised.
ICRAS 1423 1845-0049 v9 – Affected Public – For-Profit Institutions 08/19/2013

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 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 test 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 publisher immediately 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 collection of credible information and its reporting to the Office of the Inspector General to 

take 1 hour per incidence.

For profit test publishers data collection and reporting of compromised ATB tests: 

240,882 annual tests X .001 compromised tests = 241 cases 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 any 

accommodation provided to the individual with the disability to be 1 hours per test.

For profit test 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 institutions where approved ATB test are given by 

certified test administrators either at assessment centers or by an independent test administrators, 

maintain the name and address of the test administrator who administered the test. 

Section 668.151(g)(5) requires that if the individual who took the test has a disability and 

as a result was unable to be evaluated by the use of a conventional test or required test 

accommodations, that documentation of the individual’s disability and of the testing 

arrangements must be maintained by 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, for the ATB test takers who are individuals with disabilities that it will 
ICRAS 1423 1845-0049 v9 – Affected Public – For-Profit Institutions 08/19/2013

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)).

For Profit Institutions: 28,906 cases of individuals with disabilities taking an ATB test X 

.38 (proprietary institutions as a percentage of all participating institutions) 10,984 X .08 

hours per case reported = 879 hours

TOTALS

Responses 109,754

Respondents 109,754

Burden Hours 10,884