34 CFR 668.141 - Scope.

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§ 668.141 Scope.
(a) This subpart sets forth the provisions under which a student who has neither a high school diploma nor its recognized equivalent may become eligible to receive title IV, HEA program funds by—
(1) Achieving a passing score, specified by the Secretary, on an independently administered test approved by the Secretary under this subpart; or
(2) Being enrolled in an eligible institution that participates in a State process approved by the Secretary under this subpart.
(b) Under this subpart, the Secretary sets forth—
(1) The procedures and criteria the Secretary uses to approve tests;
(2) The basis on which the Secretary specifies a passing score on each approved test;
(3) The procedures and conditions under which the Secretary determines that an approved test is independently administered;
(4) The information that a test publisher or a State must submit, as part of its test submission, to explain the methodology it will use for the test anomaly studies as described in§ 668.144(c)(17) and (d)(8), as appropriate;
(5) The requirements that a test publisher or a State, as appropriate—
(i) Have a process to identify and follow up on test score irregularities;
(ii) Take corrective action—up to and including decertification of test administrators—if the test publisher or the State determines that test score irregularities have occurred; and
(iii) Report to the Secretary the names of any test administrators it decertifies and any other action taken as a result of test score analyses; and
(6) The procedures and conditions under which the Secretary determines that a State process demonstrates that students in the process have the ability to benefit from the education and training being offered to them.
(Authority: 20 U.S.C. 1091(d))
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§ 668.141 Scope.

(a) This subpart sets forth the provisions under which a student who has neither a high school diploma nor its recognized equivalent may become eligible to receive title IV, HEA program funds by -

(1) Achieving a passing score, specified by the Secretary, on an independently administered test approved by the Secretary under this subpart; or

(2) Being enrolled in an eligible institution that participates in a State process approved by the Secretary under this subpart.

(b) Under this subpart, the Secretary sets forth -

(1) The procedures and criteria the Secretary uses to approve tests;

(2) The basis on which the Secretary specifies a passing score on each approved test;

(3) The procedures and conditions under which the Secretary determines that an approved test is independently administered;

(4) The information that a test publisher or a State must submit, as part of its test submission, to explain the methodology it will use for the test anomaly studies as described in § 668.144(c)(17) and (d)(8), as appropriate;

(5) The requirements that a test publisher or a State, as appropriate -

(i) Have a process to identify and follow up on test score irregularities;

(ii) Take corrective action - up to and including decertification of test administrators - if the test publisher or the State determines that test score irregularities have occurred; and

(iii) Report to the Secretary the names of any test administrators it decertifies and any other action taken as a result of test score analyses; and

(6) The procedures and conditions under which the Secretary determines that a State process demonstrates that students in the process have the ability to benefit from the education and training being offered to them.

(Authority: 20 U.S.C. 1091(d))

Title 34 published on 2015-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 34 CFR Part 668 after this date.

  • 2015-11-27; vol. 80 # 228 - Friday, November 27, 2015
    1. 80 FR 73991 - Program Integrity Issues
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      DEPARTMENT OF EDUCATION, Office of Postsecondary Education
      Final regulations; clarification and additional information.
      This clarification and additional information apply to the October 29, 2010, regulations (75 FR 66832), which were generally effective July 1, 2011.
      34 CFR Parts 600, 602, 603, 668, 682, 685, 686, 690, and 691