EXPANDED APPROVAL OF “ABILITY-TO-BENEFIT” TESTS AND PASSING SCORES
The notice further provided that the nine listed tests were not yet approved for students with disabilities. As a result, for these students, an institution could continue to use ability-to-benefit tests that were approved as of June 30, 1996. However, if a student with disabilities, nevertheless, took and passed one of those nine tests, the Secretary would consider that the student had demonstrated the requisite ability-to-benefit for purposes of section 484(d) of the HEA.
The Secretary is now expanding the approval of those nine tests for use with students with disabilities provided that those tests are given in a manner that is consistent with the applicable requirements of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. This would include offering and administering the test in a time, place and manner that is accessible, including the provision of appropriate modifications and auxiliary aids and services. Examples of appropriate modifications and auxiliary aids and services include a change in the length of time of examination for individuals with learning disabilities and Braille or large print examinations and answer sheets or qualified readers for individuals with visual impairments. In addition, because the regulations at 34 CFR Part 668, Subpart J, contain a special provision for the assessment of students with disabilities for whom no tests are reasonably available, if none of the nine approved tests can be given in a manner that is accessible to a person with disabilities, an institution must utilize the procedures under 34 CFR 668.149 which allow for testing under this alternative provision.
As stated in Sec. 668.149, such a test is a modified test or testing procedure or instrument that has been scientifically developed specifically for the purpose of evaluating the ability to benefit from postsecondary training or education of students with a disability. It measures both basic verbal and quantitative skills at the secondary school level and reflects the student’s skills and general learned abilities rather than the student’s impairment.
As a result of the Secretary’s expanded approval of the use of these tests for students with disabilities, as of the date of this notice, an institution may use one of the approved nine tests for these students provided that the test is administered in a manner that accommodates the students’ disabilities. In addition, for sixty days after the date of this notice, an institution may also use any ability-to-benefit test that was approved as of June 30, 1996. However, after that sixtieth day, an institution must no longer use one of the latter type tests.
Note. Please note that the exception provided in the October 27, 1998 Federal Register notice remains in effect for students whose native language is not English and who are not fluent in English. That is, the tests that the Secretary has approved in this notice and the October 27, 1998 notice are not approved for those students, and institutions may continue to use ESL ability-to-benefit tests that were approved as of June 30, 1996 for those students. Nevertheless, if a student takes and passes one of the tests approved in this notice or the October 27, 1998 notice, the Secretary will consider that the student demonstrated the requisite ability-to-benefit for purposes of section 484(d) of the HEA.