34 C.F.R. § 668.153 Administration of tests for students whose native language is not English or for persons with disabilities.
Title 34 - Education
Except as provided in §668.143— (a) Students whose native language is not English. For a student whose native language is not English and who is not fluent in English, the institution shall use the following tests, as applicable: (1) If the student is enrolled in a program conducted entirely in his or her native language, the student must take a test approved under §§668.146 and 668.148(a)(2), or 668.149(b). (2) If the student is enrolled in a program that is taught in English with an ESL component, and the student is enrolled in that program and the ESL component, the student must take either an ESL test approved under §668.148(b), or a test in the student's native language approved under §§668.146, 668.148 or 668.149. (3) If the student is enrolled in a program that is taught in English without an ESL component, or the student does not enroll in the ESL component if the institution offers such a component, the student must take a test in English approved under §668.146. (4) If the student enrolls in an ESL program, the student must take an ESL test approved under §668.148(b); and (b) Persons with disabilities. (1) An institution shall use a test described in §668.148(a)(3) or 668.149(a) for a student with a documented impairment who has neither a high school diploma nor its equivalent and who is applying for Title IV, HEA program funds. (2) The test must reflect the student's skills and general learned abilities rather than reflect the student's impairment. (3) The institution shall document that a student is disabled and unable to be evaluated by the use of a conventional test from the list of tests approved by the Secretary. (4) Documentation of a student's impairment may be satisfied by— (i) A written determination, including a diagnosis and recommended testing accommodations, by a licensed psychologist or medical physician; or (ii) A record of such a determination by an elementary or secondary school or a vocational rehabilitation agency, including a diagnosis and recommended testing accommodations. (Authority: U.S.C. 1091(d)) [60 FR 61843, Dec. 1, 1995, as amended at 61 FR 31035, June 19, 1996]
Title 34: Education
PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS
Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process
§ 668.153 Administration of tests for students whose native language is not English or for persons with disabilities.
