(a)

1. (1) To establish a student's eligibility for title IV, HEA program funds under this subpart, an institution must select a test administrator to give an approved test.
2. (2) An institution may use the results of an approved test it received from an approved test publisher or assessment center to determine a student's eligibility to receive title IV, HEA program funds if the test was independently administered and properly administered in accordance with this subpart.

(b) The Secretary considers that a test is independently administered if the test is—

1. (1) Given at an assessment center by a certified test administrator who is an employee of the center; or
2. (2) Given by an independent test administrator who maintains the test at a secure location and submits the test for scoring by the test publisher or the State or, for a computer-based test, a record of the test scores, within two business days of administering the test.

(c) The Secretary considers that a test is not independently administered if an institution—

1. (1) Compromises test security or testing procedures;
2. (2) Pays a test administrator a bonus, commission, or any other incentive based upon the test scores or pass rates of its students who take the test; or
3. (3) Otherwise interferes with the test administrator's independence or test administration.

(d) The Secretary considers that a test is properly administered if the test administrator—

1. (1) Is certified by the test publisher or the State, as applicable, to give the test publisher's or the State's test;
2. (2) Administers the test in accordance with instructions provided by the test publisher or the State, as applicable, and in a manner that ensures the integrity and security of the test;
3. (3) Makes the test available only to a test-taker, and then only during a regularly scheduled test;
4. (4) Secures the test against disclosure or release; and
5. (5) Submits the completed test or, for a computer-based test, a record of test scores, to the test publisher or the State, as applicable, within the time period specified in § 668.152(b) or paragraph (b)(2) of this section, as appropriate, and in accordance with the test publisher's or the State's instructions.

(g) An institution must maintain a record for each individual who took a test under this subpart. The record must include—

1. (1) The test taken by the individual;
2. (2) The date of the test;
3. (3) The individual's scores as reported by the test publisher, an assessment center, or the State;
4. (4) The name and address of the test administrator who administered the test and any identifier assigned to the test administrator by the test publisher or the State; and

5. (5) If the individual who took the test is an individual with a disability and was unable to be evaluated by the use of an approved ATB test or the individual requested or required testing accommodations, documentation of the individual's disability and of the testing arrangements provided in accordance with § 668.153(b).

   (Approved by the Office of Management and Budget under control number 1845-0049)

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