The final regulations will revise Subsection J of the General Provisions Regulations (CFR 668.144, .150, .151 and .152) otherwise known as the ability to benefit (ATB) rules. Among the final changes included are a requirement that test publishers and States describe its process to determine how a test administrator would have the necessary training, knowledge, skills, and integrity to test ATB students. The final changes would require a test publisher and a State to describe how it would determine that a test administrator has the ability and facilities to keep its ATB tests secure against disclosure or improper release. The final changes would require a test administrator or State to describe how it would identify test irregularities, describe proposed corrective actions, and its decertification process. The final regulations would require that the Agreement between the Department and the test publisher or State, as applicable, would be updated with the proposed changes in this Subpart.
The burden increase of 616,877 respondents and 59,050 hours is due to programmatic changes. The program regulations had not been revised and updated since their initial inclusion in the regulations 1995. The Department had received and reviewed the Government Accountability Office report GAO-09-600 urging increased oversight in establishing eligibility for federal student aid. As determination of ability to benefit is one of the alternate methods to gaining eligibility to participate in Title IV, Higher Education Act (HEA) funding programs, it was determined that Ability To Benefit (ATB) would be in the negotiated rulemaking process planned for the fall 2009. This was the most robust way of ensuring all participants could participate in the review and changes to applicable regulations.
$0
No
No
No
No
No
Uncollected
Dan Klock 202 377-4026
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Att_Final SUPPORTING STATEMENT OMB 1845 0049 V 7 10 20 10 CLEAN.docx
Att_Final ATB TABLE.OMB.1845.0049.V.6.10.21.10.xlsx
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