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 §

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 §

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 §

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 §

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 §

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 § (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 § (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 publishers requirements, and Has the ability and facilities to keep its test secure against disclosure or release § (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 §

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 §

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 §

ATB Special provisions Section now exclusively refers to individuals with disabilities Former content on foreign languages was removed §

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 §

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 §

ATB Agreements Agreement includes (cont.) Provide access to test records and other documents for audits, investigations, and program reviews Report to EDs 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 §

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 §

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 individuals disability and testing arrangements, if testing accommodations were required or requested §

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 §

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 §

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 §

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 students passing score on an approved test §