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Wednesday,

October 18, 2006

Part III

Department of
Education
34 CFR Part 462
Measuring Educational Gain in the
National Reporting System for Adult
Education; Proposed Rule
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61580 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules

DEPARTMENT OF EDUCATION Invitation To Comment programs that measure program


We invite you to submit comments effectiveness on the basis of student
34 CFR Part 462 academic achievement and other
regarding these proposed regulations.
To ensure that your comments have outcomes. The Act establishes three
Measuring Educational Gain in the core indicators that must be used to
National Reporting System for Adult maximum effect in developing the final
assess State performance:
regulations, we urge you to identify
Education • Demonstrated improvements in
clearly the specific section or sections of
literacy skill levels in reading, writing,
AGENCY: Office of Vocational and Adult the proposed regulations that each of and speaking the English language,
Education, Department of Education. your comments addresses and to arrange numeracy, problem solving, English
ACTION: Notice of proposed rulemaking. your comments in the same order as the language acquisition, and other literacy
proposed regulations. skills as defined by the Secretary
SUMMARY: The Secretary proposes to We invite you to assist us in (educational gain).
establish procedures for determining the complying with the specific • Placement in, retention in, or
suitability of tests for use in the requirements of Executive Order 12866 completion of postsecondary education,
National Reporting System for Adult and its overall requirement of reducing training, unsubsidized employment, or
Education (NRS). These proposed regulatory burden that might result from career advancement.
regulations also include procedures that these proposed regulations. Please let us • Receipt of a secondary school
States and local eligible providers know of any further opportunities we diploma or a recognized equivalent.
would follow when using suitable tests should take to reduce potential costs or The Department and each State reach
for NRS reporting. increase potential benefits while agreement on annual levels of
DATES: We must receive your comments preserving the effective and efficient performance for each of the core
on or before November 17, 2006. administration of the program. indicators, and States annually report
During and after the comment period, their actual performance in the NRS.
ADDRESSES: Address all comments about you may inspect all public comments
these proposed regulations to Sharon A. In order to help States validly
about these proposed regulations in demonstrate and accurately report their
Jones, U.S. Department of Education, room 11108, 550 12th Street, SW., annual improvements in literacy skill
400 Maryland Avenue, SW., room Washington, DC, between the hours of levels and other core indicators of
11108, Potomac Center Plaza, 8:30 a.m. and 4 p.m., Eastern time, performance, and after extensive
Washington, DC 20202–7120. If you Monday through Friday of each week consultation with State directors of
prefer to send your comments through except Federal holidays. adult education, representatives from
the Internet, you may address them to
Assistance to Individuals With volunteer provider agencies, directors of
us at the U.S. Government Web site:
Disabilities in Reviewing the local adult education programs, and
www.regulations.gov.
Rulemaking Record experts on accountability systems, the
Or you may send your Internet Department established the NRS. The
comments to us at the following On request, we will supply an NRS standardizes the measurement of
address: NRSregulations@ed.gov. appropriate aid to an individual with a the core indicators across States and
You must include the term ‘‘Part 462’’ disability who needs assistance to establishes procedures for collecting
in the subject line of your electronic review the comments or other and reporting student outcome data to
message. documents in the public rulemaking enhance the data’s validity and
If you want to comment on the record for these proposed regulations. If reliability.
information collection requirements, you want to schedule an appointment To further assist States, the
you must send your comments to the for this type of aid, please contact the Department also issued Implementation
Office of Management and Budget at the person listed under FOR FURTHER Guidelines: Measures and Methods for
address listed in the Paperwork INFORMATION CONTACT. the National Reporting System for Adult
Reduction Act section of this preamble. Education (Guidelines), which
Background
You may also send a copy of these established reporting requirements, data
comments to the Department These proposed regulations further collection policies, and common
representative named in this section. the Department’s implementation of definitions for each of the core outcome
FOR FURTHER INFORMATION CONTACT: section 212 of the Adult Education and measures or indicators. (The Guidelines
Mike Dean, U.S. Department of Family Literacy Act (Act), 20 U.S.C. are on the Internet at http://
Education, 400 Maryland Avenue, SW., 9201 et seq., which establishes a system www.nrsweb.org). As set forth in the
room 11152, Potomac Center Plaza, to assess the effectiveness of eligible Guidelines, the NRS measures
Washington, DC 20202–7240. agencies in achieving continuous educational gain by defining, using
Telephone: (202) 245–7828 or via improvement of adult education and standardized tests, a set of educational
Internet: Mike.Dean@ed.gov. literacy activities. functioning levels at which students are
If you use a telecommunications Under the Act, the Department initially placed based on their abilities
device for the deaf (TDD), you may call provides Federal funds to States, which to perform literacy-related tasks in
the Federal Relay Service (FRS) at 1– then award grants to local eligible specific skill areas. After a specific time
800–877–8339. providers of adult education and period or number of instructional hours
literacy services. These providers may established by the State, students are
Individuals with disabilities may
include local educational agencies, again assessed to determine their skill
obtain this document in an alternative
community-based organizations,
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format (e.g., Braille, large print, levels. If a student’s skills have


volunteer literacy organizations, and improved sufficiently to be placed one
audiotape, or computer diskette) on
institutions of higher education. or more levels higher, the student is
request to the contact person listed
Accountability for results is a central considered to have made an educational
under FOR FURTHER INFORMATION
focus of the Act. The Act sets out gain.
CONTACT.
performance accountability The Guidelines identify a number of
SUPPLEMENTARY INFORMATION: requirements for States and local standardized tests (along with the tests’

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Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules 61581

benchmarks for the NRS educational education (ASE), English-as-a-second publishers would also be able to readily
functioning levels) that are currently language (ESL), adult education make tests available to States and local
acceptable for States to use in measuring population, content domains or NRS eligible providers for use in the NRS.
educational gain. However, the skill areas, educational functioning Proposed § 462.10(b) would offer test
Guidelines do not require States to use levels, Guidelines, local eligible publishers an annual opportunity, by
only the standardized tests listed. If a provider, and State connect the October 1 of each year, to submit tests
State wishes to allow local eligible regulations to the terms used in the for the Secretary’s review. However,
providers to use some other NRS. The definitions of the terms test, because we anticipate that these
standardized test for this purpose, the test administrator, and test publisher regulations will be published as final
State must take into account the factors provide standardization, which is regulations after October 1, 2006, the
identified in the Guidelines and must particularly needed given the different Secretary plans to announce in the
demonstrate to the Department that the meanings and synonyms currently used Federal Register the date for the first
particular alternate test proposed to be for these terms. For example, in opportunity for test publishers to submit
used satisfactorily addresses those describing the tests used to determine tests for review. The date of the first
factors. educational functioning levels and to opportunity for test publishers to submit
Currently, the Department uses measure educational gain, States and tests will be no earlier than the effective
experts in the field of educational local eligible providers inconsistently date of the final regulations. On that
testing and assessment to assist us in use the terms test, assessment, and date, test publishers could begin to
reviewing tests for their suitability for instrument. By clearly defining request that the Secretary determine the
use in the NRS. These terminology, the regulations would suitability of their tests using the
psychometricians, using the same eliminate confusion, identify a standards and procedures established in
criteria for assessing tests that are particular term to be used when the final regulations. States and local
contained in the Guidelines and these describing or referencing a specific eligible providers could immediately
proposed regulations, review tests and circumstance, and provide a shared use tests once they have been
make recommendations to the Secretary understanding of how the term is used determined suitable by the Secretary
regarding the appropriateness of the in the regulations. under these regulations. The annual
tests. The Secretary determines, taking Proposed § 462.4 provides the review proposed in § 462.10(b) would
into account the experts’ deadline, June 30, 2008, by which States provide the Department with adequate
recommendations, whether a test is and local eligible providers would stop time to review tests; review any
suitable for use in the NRS. using tests, including those currently additional information provided by test
Until these regulations become listed in the Guidelines, that the publishers; and notify test publishers,
effective, the Secretary will continue to Secretary determines are not suitable for States, and local eligible providers that
use (1) the guidance provided in the use in the NRS. After June 30, 2008, additional tests are eligible for use in
Guidelines and (2) the Department’s States and local eligible providers the NRS. By receiving tests beginning in
current process for providing States and would use only tests that the Secretary October, the Secretary would be able to
test publishers an opportunity to has reviewed and considered suitable synchronize the review of tests with the
demonstrate that alternate tests are for use in the NRS under these operations of the adult education
suitable for NRS purposes. regulations. We believe a June 30, 2008, programs, especially the data collection
Through these proposed regulations, deadline provides adequate time for the process.
we intend to formalize the process for Secretary to complete at least one Proposed § 462.11 would delineate
the review and approval of tests for use review of tests and determine their the information that a test publisher
in the NRS. We believe that the uniform suitability, and then, if necessary, for must include in an application so that
process we are proposing will facilitate States and local eligible providers to the Secretary may determine the
test publishers’ submission of tests to transition their accountability systems suitability of a test, whether the test is
the Department for review and help to from use of unsuitable tests to suitable being submitted for the first time or
strengthen the integrity of the NRS as a tests. We are particularly interested in resubmitted because, for example, it has
critical tool for measuring State your comments on whether June 30, been substantively revised. These
performance. The proposed process also 2008 provides enough time for States proposed regulations would continue
will provide an established means for and local eligible providers to make the the Department’s practice of having test
examining tests that are currently transition to suitable tests. publishers submit information that
approved for use in the NRS but have Proposed § 462.10(a) would provide supports the reliability and validity of
not been updated recently and, that the Secretary reviews tests only their tests. This is the information that
therefore, need to be reassessed for their from test publishers, i.e., an entity, experts in the field of educational
continuing validity. individual, organization, or agency that testing and assessment will need in
owns a registered copyright of a test, or order to advise the Secretary on the
Significant Proposed Regulations is licensed by the copyright holder to extent to which a particular test meets
We discuss substantive issues under sell or distribute a test. In this way, only the criteria and requirements in § 462.13
the sections of the proposed regulations an entity that has a vested interest in for determining the suitability of tests.
to which they pertain. and a great deal of knowledge about a Section 462.11(j) describes the
Proposed § 462.3 provides the test could request the Secretary’s review additional information test publishers
meanings of terms, including some from of a test. These entities have an in-depth would include in an application
the Act, used in these regulations. We knowledge of a test’s development, requesting the review of a previous test,
define these terms so that there is a
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maintenance, content validity, match of for example, a test that was used to
common understanding of how the scores to the NRS educational measure educational gain in the NRS
terms are used in the regulations, and functioning levels, reliability, and before the effective date of these
because the terms will affect the validity construct validity, and, as a result, regulations or was first published five
of data collected and reported in the would be able to respond to questions years or more before the date it is
NRS. In that regard, the terms adult the Secretary may raise during the submitted to the Secretary for review.
basic education (ABE), adult secondary review process. As importantly, test The Secretary reviews this information

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61582 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules

to determine whether a test continues to publisher’s application must ultimately requirements. See the heading
reflect NRS educational functioning demonstrate that a test meets the criteria Paperwork Reduction Act of 1995.
levels. and requirements in § 462.13, this In assessing the potential costs and
Proposed § 462.12 would describe the section would be beneficial to test benefits—both quantitative and
Secretary’s process for reviewing and publishers because it contains, in one qualitative—of this regulatory action,
determining the suitability of tests for place, information a test publisher can we have determined that the benefits
determining educational functioning use to decide whether to submit an would justify the costs.
levels and measuring educational gain. application. After reviewing § 462.13, a We have also determined that this
Annually, at the conclusion of the test publisher could decide to save its regulatory action would not unduly
review process, the Secretary would resources rather than prepare an interfere with State, local, and tribal
publish a list of suitable tests in the application for a test that does not meet governments in the exercise of their
Federal Register and post the list on the the criteria and requirements in the governmental functions.
Internet at http://www.nrsweb.org. regulations and, as a result, would be
Copies of the list would also be Summary of Potential Costs and
determined unsuitable. Benefits
available from the Department. Proposed § 462.14 would establish a
Proposed § 462.12 would establish the seven-year period during which a test Elsewhere in this preamble, under the
procedure the Secretary would use to determined as suitable would remain headings Significant Proposed
make a determination about the eligible for use in the NRS, unless the Regulations and Regulatory Flexibility
suitability of tests, to notify test test publisher substantially revises the Act Certification, we discuss the
publishers of the Secretary’s decision, to test—for example, by changing its potential costs and benefits of these
provide an opportunity for test structure, number of items, content proposed regulations.
publishers to request that the Secretary specifications, item types, or sub-tests.
reconsider a decision that a test is 2. Clarity of the Regulations
The Secretary believes that having a test
unsuitable, to conclude the review remain suitable for seven years helps to Executive Order 12866 and the
process upon any reconsideration, to ensure greater consistency for State and Presidential Memorandum on ‘‘Plain
revoke the Secretary’s determination local accountability systems, improves Language in Government Writing’’
that a test is suitable, and to notify the reliability for data collected and require each agency to write regulations
affected parties of the revocation. reported in the NRS, and reduces the that are easy to understand.
Further, proposed § 462.12(a)(2) amount of disruption to State and local The Secretary invites comments on
identifies the circumstances when the programs if suitable tests are later found how to make these proposed regulations
Secretary would determine the to be unsuitable and, therefore, can no easier to understand, including answers
suitability of a test. Proposed § 462.12 longer be used in the NRS. The to questions such as the following:
clearly delineates the formal, reasoned, regulations also would establish that the • Are the requirements in the
and uniform process the Secretary Secretary may determine that a test is proposed regulations clearly stated?
would use to determine the suitability suitable for use in the NRS for fewer • Do the proposed regulations contain
of tests and provides an opportunity for than seven years. Proposed § 462.14 technical terms or other wording that
test publishers and others to suggest would clarify for test publishers how interferes with their clarity?
improvements to that process. • Does the format of the proposed
often and under which circumstances a
Proposed § 462.13 provides that in regulations (grouping and order of
test must be reviewed by the Secretary.
order to be determined suitable, tests Proposed §§ 462.40 through 462.44 sections, use of headings, paragraphing,
would determine the NRS educational etc.) aid or reduce their clarity?
would codify a number of existing NRS
functioning levels of members of the • Would the proposed regulations be
practices regarding activities such as
adult education population; sample one easier to understand if we divided them
determining educational functioning
or more of the major content domains of into more (but shorter) sections? (A
levels, administering tests, student
the NRS educational functioning levels ‘‘section’’ is preceded by the symbol ‘‘§’’
placement, measuring educational gain,
of Adult Basic Education, Adult and a numbered heading; for example,
and State assessment policy. Proposed
Secondary Education, English-as-a- § 462.1 What is the scope of this part?)
§§ 462.40 through 462.44 are necessary
second Language, or all three; meet the • Could the description of the
because they would establish what the
applicable and feasible standards for proposed regulations in the
Department deems is an efficient and
test construction provided in the 1999 SUPPLEMENTARY INFORMATION section of
edition of the Standards for Educational effective means of obtaining accurate,
this preamble be more helpful in
and Psychological Testing; contain the reliable, and valid data for reporting in
making the proposed regulations easier
test publisher’s guidelines for retesting; the NRS.
to understand? If so, how?
and have two or more secure, parallel, Executive Order 12866 • What else could we do to make the
equated forms. Proposed § 462.13 would proposed regulations easier to
also establish that the size of the item 1. Potential Costs and Benefits understand?
pool and the method of item selection Under Executive Order 12866, we Send any comments that concern how
for computerized adaptive tests must have assessed the potential costs and the Department could make these
ensure negligible overlap in items across benefits of this regulatory action. proposed regulations easier to
pre- and post-test. Finally, proposed The potential costs associated with understand to the person listed in the
§ 462.13 would establish the the proposed regulations are those ADDRESSES section of the preamble.
requirements for tests that have been resulting from statutory requirements
Regulatory Flexibility Act Certification
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modified for an individual with a and those we have determined to be


disability. Proposed § 462.13 is necessary for administering this The Secretary certifies that these
necessary because it would notify test program effectively and efficiently. proposed regulations would not have a
publishers of the criteria and Elsewhere in this SUPPLEMENTARY significant economic impact on a
requirements the Secretary would use to INFORMATION section, we identify and substantial number of small entities
determine the suitability of tests. Since explain burdens specifically associated because they would not impose
the information provided in a test with information collection excessive regulatory burdens or require

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Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules 61583

unnecessary Federal supervision. The gain. The collection of information that test publishers may ask the
proposed regulations would impose includes the following: Secretary to review for suitability for
minimal requirements to ensure the (a) Specific information concerning a use in the NRS and (b) 25 widely used
proper expenditure of program funds. test’s development, maintenance, tests of an adult’s basic skills that have
These proposed regulations would content validity, match scores, been in use in the NRS since 1999 and
affect States, a few test publishers, and reliability, validity, and the extent to that would need to be reviewed by the
local eligible providers of adult which the test meets applicable and Secretary after these regulations become
education programs that receive funding feasible standards for test construction. effective if they are to continue to be
under the Act. (b) Specifications on how tests will be used in the NRS. Therefore, we estimate
States and State agencies are not administered at the local eligible the total reporting burden for this
defined as ‘‘small entities’’ in the provider level. collection to be 2,000 hours (50 × 40).
Regulatory Flexibility Act. (c) Existing NRS practices regarding This estimate does not include the
The U.S. Small Business determining educational functioning reporting burden associated with (a) the
Administration Size Standards classify levels, administering tests, student actual use of a test to measure
test publishers as a ‘‘small business’’ if placement, State assessment policy, and educational gain and (b) existing NRS
they are organized for profit, have total measuring educational gain in the NRS practices regarding determining
annual revenue below $6.5 million, and that have been approved by OMB under educational functioning levels,
have 100 or fewer employees. The U.S. Control Number 1830–0027. administering tests, student placement,
Small Business Administration Size The Department would use this
State assessment policy, and measuring
Standards classify local eligible information to (a) determine the
educational gain in the NRS because
providers as (a) ‘‘small organizations,’’ suitability of tests for use in the NRS
that burden has been approved by OMB
which means any not-for profit and (b) judge program performance,
under Control Number 1830–0027.
enterprise that is independently owned including eligibility for incentive grants.
The collection of information would If you want to comment on the
and operated and is not dominant in its
be provided when (a) a test publisher information collection requirements,
field or (b) ‘‘small governmental
wishes the Secretary to determine the please send your comments to the Office
jurisdictions,’’ which means
suitability of its test for use in the NRS of Information and Regulatory Affairs,
governments of cities, counties, towns,
and (b) States and local eligible OMB, room 10235, New Executive
townships, village, school districts, or
providers measure and report Office Building, Washington, DC 20503;
special districts with a population of
educational gain under the NRS. Attention: Desk Officer for U.S.
less than fifty thousand.
The proposed regulations would Once the Secretary determines that a Department of Education. You may also
benefit both small and large entities by test is suitable for use in the NRS, a test send a copy of these comments to the
providing one uniform process for could be used in the NRS for seven Department representative named in the
years. After that time, the test publisher ADDRESSES section of this preamble.
reviewing tests that are used to measure
educational gain in the NRS. This could again submit the test to the We consider your comments on these
process would relieve States of the Secretary for review, or the test could no proposed collections of information in—
burden of using their limited resources longer be used in the NRS. We estimate • Deciding whether the proposed
to review tests. It would also reduce the reporting and recordkeeping burden for collections are necessary for the proper
amount of resources test publishers an application requesting the Secretary performance of our functions, including
would expend to have tests reviewed by to determine the suitability of a test for whether the information will have
individual States. Under the proposed use in the NRS to average 40 hours for practical use;
regulations, test publishers would have each response, including the time for • Evaluating the accuracy of our
their tests reviewed by only the reviewing instructions, searching estimate of the burden of the proposed
Department instead of by each State that existing data sources, gathering and collections, including the validity of our
intends to use their tests. Thus entities, maintaining the data needed, methodology and assumptions;
both small and large, would experience completing and reviewing the collection
of information, and responding to • Enhancing the quality, usefulness,
a positive economic impact as a result and clarity of the information we
of these proposed regulations. questions the Secretary may have. While
the collection of information is collect; and
Paperwork Reduction Act of 1995 necessarily inclusive, it would request • Minimizing the burden of those
Sections 462.10, 462.11, 462.12, merely the data test publishers can who must respond. This includes
462.13, and 462.14 contain new reasonably be expected to have on hand exploring the use of appropriate
information collection requirements. to support their claims regarding the automated, electronic, mechanical, or
Under the Paperwork Reduction Act of appropriateness and effectiveness of other technological collection
1995 (44 U.S.C. 3507(d)), the their test or tests, including whether the techniques or other forms of information
Department of Education has submitted test meets applicable and feasible technology; e.g., permitting electronic
a copy of these sections to the Office of standards for test construction in the submissions of responses.
Management Budget (OMB) for its 1999 edition of the Standards for OMB is required to make a decision
review. Sections 462.4 and 462.40 Educational and Psychological Testing. concerning the collections of
through 462.44 contain information Much of the information is routinely information contained in these
collection requirements approved by included in the technical manual and proposed regulations between 30 and 60
OMB under Control Number 1830–0027 the test administrator’s manual that are days after publication of this document
in the Federal Register. Therefore, to
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for existing NRS practices. provided with a test.


Collection of Information: Measuring While we cannot estimate the total ensure that OMB gives your comments
Educational Gain in the National number of respondents, because it is full consideration, it is important that
Reporting System for Adult Education. impossible to know the number of test OMB receives the comments within 30
Under these proposed regulations, test publishers that may want to expand days of publication. This does not affect
publishers would request the Secretary’s their markets into the field of adult the deadline for your comments to us on
review of tests that measure educational education, we are aware of: (a) 25 tests the proposed regulations.

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61584 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules

Intergovernmental Review PART 462—MEASURING (1) 34 CFR part 74 (Administration of


EDUCATIONAL GAIN IN THE Grants and Agreements with Institutions
These regulations are subject to NATIONAL REPORTING SYSTEM FOR of Higher Education, Hospitals, and
Executive Order 12372 and the ADULT EDUCATION Other Non-Profit Organizations).
regulations in 34 CFR part 79. One of (2) 34 CFR part 75 (Direct Grant
the objectives of the Executive Order is Subpart A—General Programs).
to foster an intergovernmental Sec. (3) 34 CFR part 77 (Definitions that
partnership and a strengthened 462.1 What is the scope of this part? Apply to Department Regulations).
federalism. The Executive Order relies 462.2 What regulations apply? (4) 34 CFR part 79 (Intergovernmental
on processes developed by State and 462.3 What definitions apply?
462.4 What are the transition rules for using
Review of Department of Education
local governments for coordination and tests to measure educational gain for the Programs and Activities).
review of proposed Federal financial National Reporting System for Adult (5) 34 CFR part 80 (Uniform
assistance. Education (NRS)? Administrative Requirements for Grants
This document provides early Subpart B—What Process Does the
and Cooperative Agreements to State
notification of our specific plans and Secretary Use to Review the Suitability of and Local Governments).
actions for this program. Tests for Use in the NRS? (6) 34 CFR part 81 (General Education
462.10 How does the Secretary review
Provisions Act—Enforcement).
Assessment of Educational Impact tests? (7) 34 CFR part 82 (New Restrictions
462.11 What must an application contain? on Lobbying).
The Secretary particularly requests 462.12 What procedures does the Secretary (8) 34 CFR part 84 (Governmentwide
comments on whether these proposed use to review the suitability of tests? Requirements for Drug-Free Workplace
regulations would require transmission 462.13 What criteria and requirements does (Financial Assistance)).
of information that any other agency or the Secretary use for determining the (9) 34 CFR part 85 (Governmentwide
authority of the United States gathers or suitability of tests? Debarment and Suspension
makes available. 462.14 How often and under what
circumstances must a test be reviewed by (Nonprocurement)).
Electronic Access to This Document the Secretary? (10) 34 CFR part 86 (Drug and Alcohol
Abuse Prevention).
Subpart C—[Reserved] (11) 34 CFR part 97 (Protection of
You may view this document, as well
as all other Department of Education Subpart D—What Requirements Must Human Subjects).
documents published in the Federal States and Local Eligible Providers Follow (12) 34 CFR part 98 (Student Rights in
Register, in text or Adobe Portable When Measuring Educational Gain? Research, Experimental Programs, and
Document Format (PDF) on the Internet 462.40 Must a State have an assessment Testing).
at the following site: http://www.ed.gov/ policy? (13) 34 CFR part 99 (Family
news/fedregister. 462.41 How must tests be administered in Educational Rights and Privacy).
order to accurately measure educational (b) The regulations in this part 462.
To use PDF you must have Adobe gain?
Acrobat Reader, which is available free 462.42 How are tests used to place students (Authority: 20 U.S.C. 9212)
at this site. If you have questions about at an NRS educational functioning level?
§ 462.3 What definitions apply?
using PDF, call the U.S. Government 462.43 How is educational gain measured?
462.44 Which educational functioning (a) Definitions in the Adult Education
Printing Office (GPO), toll free, at 1–
levels must States and local eligible and Family Literacy Act (Act). The
888–293–6498; or in the Washington, providers use to measure and report following terms used in these
DC, area at (202) 512–1530. educational gain in the NRS? regulations are defined in section 203 of
Note: The official version of this document Authority: 20 U.S.C. 9212, unless the Adult Education and Family
is the document published in the Federal otherwise noted. Literacy Act, 20 U.S.C. 9202 (Act):
Register. Free Internet access to the official Adult education
edition of the Federal Register and the Code Subpart A—General Eligible provider
of Federal Regulations is available on GPO § 462.1 What is the scope of this part? Individual of limited English
Access at: http://www.gpoaccess.gov/nara/ These regulations establish the— proficiency
index.html. (a) Procedures the Secretary uses to Individual with a disability
determine the suitability of Literacy
(Catalog of Federal Domestic Assistance
Number does not apply) standardized tests for use in the (b) Other definitions. The following
National Reporting System for Adult definitions also apply to this part:
List of Subjects in 34 CFR Part 462 Education (NRS) to measure educational Adult basic education (ABE) means
gain of participants in an adult instruction designed for an adult whose
Administrative practice, Adult educational functioning level is
education program required to report
education, Grants program—education, equivalent to a particular ABE literacy
under the NRS; and
Incorporation by reference, and (b) Procedures States and local level listed in the NRS educational
Reporting and recordkeeping eligible providers must follow when functioning level table in § 462.44.
requirements. measuring educational gain for use in Adult education population means
Dated: October 11, 2006. the NRS. individuals—
Margaret Spellings, (Authority: 20 U.S.C. 9212) (1) Who are 16 years of age or older;
(2) Who are not enrolled in secondary
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Secretary of Education.
§ 462.2 What regulations apply? school; and
For the reasons discussed in the The following regulations apply to (3) Who—
preamble, the Secretary proposes to this part: (i) Lack sufficient mastery of basic
amend title 34 of the Code of Federal (a) The Education Department General educational skills to enable the
Regulations by adding a new part 462 to Administrative Regulations (EDGAR) as individuals to function effectively in
read as follows: follows: society;

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(ii) Do not have a secondary school is licensed by the copyright holder to contact person to whom the Secretary
diploma or its recognized equivalent, sell or distribute a test. may address inquiries.
and have not achieved an equivalent (Authority: 20 U.S.C. 9202, 9212) (3) A summary of the precise editions,
level of education; or forms, levels, and, if applicable, sub-
(iii) Are unable to speak, read, or § 462.4 What are the transition rules for tests and abbreviated tests that the test
write the English language. using tests to measure educational gain for publisher is requesting that the
Adult secondary education (ASE) the National Reporting System for Adult Secretary review and determine to be
Education (NRS)? suitable for use in the NRS.
means instruction designed for an adult
whose educational functioning level is A State or a local eligible provider (c) Development. Documentation of
equivalent to a particular ASE literacy may continue to measure educational how the test was developed, including
level listed in the NRS educational gain for the NRS using a test that was a description of—
functioning level table in § 462.44. identified in the Guidelines until June (1) The nature of samples of
Content domains or NRS skill areas 30, 2008. After that time, States and examinees administered the test during
mean, for the purpose of the NRS, local eligible providers must use only pilot or field testing, for example—
tests that the Secretary has reviewed (i) The number of examinees
reading, writing, and speaking the
and determined to be suitable for use in administered each item;
English language, numeracy, problem (ii) How similar were the sample or
solving, English language acquisition, the NRS under this part. (Approved by
the Office of Management and Budget samples of examinees used to develop
and other literacy skills as defined by and evaluate the test to the adult
the Secretary. under control number 1830–0027)
education population of interest to the
Educational functioning levels mean (Authority: 20 U.S.C. 9212)
NRS; and
the ABE, ASE, and ESL literacy levels, (iii) The steps, if any, taken to ensure
as provided in § 462.44, that describe a Subpart B—What Process Does the
that the examinees were motivated
set of skills and competencies that Secretary Use to Review the Suitability
while responding to the test; and
students demonstrate in the NRS skills of Tests for Use in the NRS?
(2) The steps taken to ensure the
areas. § 462.10 How does the Secretary review quality of test items or tasks, for
English-as-a-second language (ESL) tests? example—
means instruction designed for an adult (a) The Secretary only reviews tests (i) The extent to which items or tasks
whose educational functioning level is under this part that are submitted by a on the test have been reviewed for
equivalent to a particular ESL literacy test publisher. fairness and sensitivity; and
level listed in the NRS educational (b) A test publisher that wishes to (ii) The extent to which items or tasks
functioning level table in § 462.44. have the suitability of its test on the test have been screened for the
Guidelines means the Implementation determined by the Secretary under this adequacy of their psychometric
Guidelines: Measures and Methods for part must submit an application to the properties.
the National Reporting System for Adult Secretary by October 1 of each year and (d) Maintenance. Documentation of
Education (also known as NRS in the manner the Secretary may how the test is maintained, including a
Implementation Guidelines) posted on prescribe. description of—
the Internet at: http://www.nrsweb.org. (1) How frequently, if ever, new forms
A copy of the Guidelines is also (Authority: 20 U.S.C. 9212) of the test are developed;
available from the U.S. Department of § 462.11 What must an application
(2) The steps taken to ensure the
Education, Division of Adult Education contain? comparability of scores across forms of
and Literacy, 400 Maryland Avenue, the test;
(a) Application content and format. (3) The steps taken to maintain the
SW., room 11159, Potomac Center Plaza, (1) In order for the Secretary to
Washington, DC 20202–7240. security of the test; and
determine whether a standardized test is (4) A history of the test’s use.
Local eligible provider means an suitable for measuring the gains of (e) Match of content to the NRS
‘‘eligible provider’’ as defined in the Act participants in an adult education educational functioning levels (content
that operates an adult education program required to report under the validity). Documentation of the extent to
program that is required to report under NRS, a test publisher must include with which the items or tasks on the test
the NRS. its application information listed in cover the skills in the NRS educational
State means ‘‘State’’ and ‘‘Outlying paragraphs (b) through (i) of this functioning levels in § 462.44,
area’’ as defined in the Act. section, as well as the applicable including—
Test means a standardized test, information in paragraph (j) of this (1) Whether the items or tasks on the
assessment, or instrument that has a section. test require the types and levels of skills
formal protocol on how it is to be (2) A test publisher must arrange the used to describe the NRS educational
administered. These protocols include, information in its application in the functioning levels;
for example, the use of parallel, equated order it is presented in paragraphs (b) (2) Whether the items or tasks
forms, testing conditions, time allowed through (j) of this section. measure skills that are not associated
for the test, standardized scoring, and (3) A test publisher must submit to with the NRS educational functioning
the amount of instructional time a the Secretary three copies of its levels;
student needs before post-testing. application. (3) Whether aspects of a particular
Violation of these protocols often (b) General information. (1) A NRS educational functioning level are
invalidates the test. statement, in the technical manual for not covered by any of the items or tasks;
Test administrator means an
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the test, of the intended purpose of the (4) Whether there are items or tasks
individual who is trained to administer test and of how the test will allow that are not associated with any of the
tests the Secretary determines to be examinees to demonstrate the skills that NRS educational functioning levels;
suitable under this part. are associated with the NRS educational (5) The procedures used to establish
Test publisher means an entity, functioning levels in § 462.44. the content validity of the test;
individual, organization, or agency that (2) The name, address, e-mail address, (6) The number of subject-matter
owns a registered copyright of a test, or and telephone and fax numbers of a experts who provided judgments linking

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the items or tasks to the educational measures what it is intended to ensure that the test continues to reflect
functioning levels, and their measure, including— NRS educational functioning levels.
qualifications for doing so, particularly (1) The extent to which the raw or (3) For a test that has not changed in
their familiarity with adult education scale scores and the educational the seven years since the Secretary
and the NRS educational functioning functioning classifications associated determined, under § 462.13, that it was
levels; and with the test correlate (or agree) with suitable for use in the NRS that is again
(7) The extent to which the judgments scores or classifications associated with being submitted to the Secretary for
of the subject matter experts agree. other tests designed or intended to review under this part, the test
(f) Match of scores to NRS educational assess educational gain in the same publisher must provide new data
functioning levels. Documentation of the adult education population as the NRS; supporting the validity of the test.
adequacy of the procedure used to (2) The extent to which the raw or (4) If a test has been substantially
translate the performance of an scale scores are related to other relevant revised—for example by changing its
examinee on a particular test to an variables, such as hours of instruction or structure, number of items, content
estimate of the examinee’s standing other important process or outcome specifications, item types, or sub-tests—
with respect to the NRS educational variables; from the most recent edition reviewed
functioning levels in § 462.44, (3) The adequacy of the research by the Secretary under this part, the test
including— designs associated with these sources of publisher must provide an analysis of
(1) The standard-setting procedures evidence (see paragraph (g)(3) of this the revisions, including the reasons for
used to establish cut scores for section); and the revisions, the implications of the
transforming raw or scale scores on the (4) Other evidence demonstrating that revisions for the comparability of scores
test into estimates of an examinee’s NRS the test measures gains in educational on the current test to scores on the
educational functioning level; functioning resulting from adult previous test, and results from validity,
(2) If judgment-based procedures were education, and not some other reliability, and equating or standard-
used— construct-irrelevant variables, such as setting studies undertaken subsequent
(i) The number of subject matter practice effects. to the revisions.
experts who provided judgments, and (i) Other information. (1) A
(Authority: 20 U.S.C. 9212)
their qualifications; and description of the manner in which test-
(ii) Evidence of the extent to which taking time was determined in relation § 462.12 What procedures does the
the judgments of subject-matter experts to the content domains of the NRS Secretary use to review the suitability of
agree; educational functioning levels, and an tests?
(3) The standard error of each cut analysis of the effects of time on (a) Review. (1) When the Secretary
score, and how it was established; and performance. receives a complete application from a
(4) The extent to which the cut scores (2) Additional guidance on the test publisher, the Secretary selects
might be expected to differ if they had interpretation of scores resulting from experts in the field of educational
been established by a different (though any modifications of the tests for an testing and assessment who possess
similar) panel of experts. individual with a disability. appropriate advanced degrees and
(g) Reliability. Documentation of the (3) The manual provided to test experience in test development or
degree of consistency in performance administrators containing procedures psychometric research, or both, to
across different forms of the test in the and instructions for test security and advise the Secretary on the extent to
absence of any external interventions, administration. which a test meets the criteria and
including— (4) A description of the training or requirements contained in § 462.13.
(1) The correlation between raw (or certification required of test (2) The Secretary reviews and
number-correct) scores across alternate administrators and scorers by the test determines the suitability of a test only
forms of the test; publisher. if an application—
(2) The consistency with which (5) A description of retesting (i) Is submitted by a test publisher;
examinees are classified into the same procedures and the analysis upon which (ii) Meets the deadline established by
NRS educational functioning levels the criteria for retesting are based. the Secretary;
across forms of the test. Information (6) Such other evidence as the (iii) Includes a test that has two or
regarding classification consistency Secretary may determine is necessary to more secure, parallel, equated forms of
should be reported for each NRS establish the test’s compliance with the the test;
educational functioning level that the criteria and requirements the Secretary (iv) Includes a test that samples one
test is being considered for use in uses to determine the suitability of tests or more of the major content domains of
measuring; as provided in § 462.13. the NRS educational functioning levels
(3) The adequacy of the research (j) Previous tests. (1) For a test used of ABE, ESL, or ASE with sufficient
design leading to the estimates of the to measure educational gain in the NRS numbers of questions to represent
reliability of the test, including— before the effective date of these adequately the domain or domains; and
(i) The size of the sample; regulations that is being submitted to (v) Includes the information
(ii) The similarity between the sample the Secretary for review under this part, prescribed by the Secretary, including
used in the data collection and the adult the test publisher must provide the information in § 462.11 of this part.
education population; and documentation of periodic review of the (b) Secretary’s determination. (1) The
(iii) The steps taken to ensure the content and specifications of the test to Secretary determines whether a test
motivation of the examinees; and ensure that the test continues to reflect meets the criteria and requirements in
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(4) Any other information explaining NRS educational functioning levels. § 462.13 after taking into account the
the methodology and procedures used (2) For a test first published five years advice of the experts described in
to measure the reliability of the test. or more before the date it is submitted paragraph (a)(1) of this section.
(h) Construct validity. Documentation to the Secretary for review under this (2) For tests that contain multiple sub-
of the appropriateness of a given test for part, the test publisher must provide tests measuring content domains other
measuring educational gain for the NRS, documentation of periodic review of the than those of the NRS educational
i.e., documentation that the test content and specifications of the test to functioning levels, the Secretary

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determines the suitability of only those (2) If the Secretary revokes the Psychological Testing were not
sub-tests covering the domains of the determination regarding the suitability applicable or were not feasible.
NRS educational functioning levels. of a test, the Secretary publishes in the (d) The test must contain the
(c) Suitable tests. If the Secretary Federal Register and posts on the publisher’s guidelines for retesting,
determines that a test satisfies the Internet at http://www.nrsweb.org a including time between test-taking,
criteria and requirements in § 462.13 notice of that revocation along with the which are accompanied by appropriate
and, therefore, is suitable for use in the date by which States and local eligible justification.
NRS, the Secretary— providers must stop using the revoked (e) The test must have two or more
(1) Notifies the test publisher of the test. A copy of the notice of revocation secure, parallel, equated forms.
Secretary’s decision; and is also available from the U.S. (f) For computerized adaptive tests,
(2) Annually publishes in the Federal Department of Education, Division of the size of the item pool and the method
Register and posts on the Internet at Adult Education and Literacy, 400 of item selection must be adequate to
http://www.nrsweb.org a list of the Maryland Avenue, SW., room 11159, ensure negligible overlap in items across
names of tests and the educational Potomac Center Plaza, Washington, DC pre- and post-test administrations of the
functioning levels the tests are suitable 20202–7240. test to the same examinee. Scores
to measure in the NRS. A copy of the (Authority: 20 U.S.C. 9212) associated with these alternate
list is also available from the U.S. administrations must be equivalent in
Department of Education, Division of § 462.13 What criteria and requirements meaning.
Adult Education and Literacy, 400 does the Secretary use for determining the
suitability of tests? (g) For a test that has been modified
Maryland Avenue, SW., room 11159, for an individual with a disability, the
Potomac Center Plaza, Washington, DC In order for the Secretary to consider
test publisher must—
20202–7240. a test suitable for use in the NRS, the
test or the test publisher, if applicable, (1) Provide documentation that it
(d) Unsuitable tests. (1) If the
must meet the following criteria and followed the guidelines provided in the
Secretary determines that a test does not
requirements: Testing Individuals With Disabilities
satisfy the criteria and requirements in
(a) The test must measure the NRS section of the 1999 edition of the
§ 462.13 and, therefore, is not suitable
educational functioning levels of Standards for Educational and
for use in the NRS, the Secretary notifies
members of the adult education Psychological Testing;
the test publisher of the Secretary’s
population. (2) Provide documentation of the
decision and of the reasons why the test
(b) The test must sample one or more appropriateness and feasibility of the
does not meet those criteria and
of the major content domains of the NRS modifications relevant to test
requirements.
(2) Within 30 days after the Secretary educational functioning levels of ABE, performance; and
notifies a test publisher that its test is ESL, or ASE with sufficient numbers of (3) Recommend educational
not suitable for use in the NRS, the test questions to adequately represent the functioning levels based on the previous
publisher may request that the Secretary domain or domains. performance of test takers who are
reconsider the Secretary’s decision. This (c)(1) The test must meet all members of the adult education
request must be accompanied by— applicable and feasible standards for population of interest to the NRS.
(i) An analysis of why the information test construction provided in the 1999 (Authority: 20 U.S.C. 9212)
and documentation submitted meet the edition of the Standards for Educational
and Psychological Testing, prepared by § 462.14 How often and under what
criteria and requirements in § 462.13
the Joint Committee on Standards for circumstances must a test be reviewed by
notwithstanding the Secretary’s earlier the Secretary?
decision to the contrary; and Educational and Psychological Testing
(ii) Any additional documentation of the American Educational Research (a) The Secretary’s determination that
and information that address the Association, the American a test is suitable for use in the NRS is
Secretary’s reasons for determining that Psychological Association, and the in effect for a period of seven years from
the test was unsuitable. National Council on Measurement in the date of the Secretary’s written
(3) The Secretary reviews the Education incorporated by reference in notification to the test publisher, unless
additional information submitted by the this section. The Director of the Federal otherwise indicated by the Secretary.
test publisher and makes a final Register approves this incorporation by After that time, if the test publisher
determination regarding the suitability reference in accordance with 5 U.S.C. wants the test to be used in the NRS, the
of the test for use in the NRS. 552(a) and 1 CFR part 51. You may test must be reviewed again by the
(i) If the Secretary’s decision is obtain a copy from the American Secretary so that the Secretary can
unchanged and the test remains Psychological Association, Inc., 750 determine whether the test continues to
unsuitable for use in the NRS, the First Street, NE., Washington, DC 20002. be suitable for use in the NRS.
Secretary notifies the test publisher, and You may inspect a copy at the (b) If a test that the Secretary has
this action concludes the review Department of Education, room 11108, determined is suitable for use in the
process. 550 12th Street, SW., Washington, DC NRS is substantially revised—for
(ii) If the Secretary’s decision changes 20202 or at the National Archives and example, by changing its structure,
and the test is determined to be suitable Records Administration (NARA). For number of items, content specifications,
for use in the NRS, the Secretary follows information on the availability of this item types, or sub-tests—and the test
the procedures in paragraph (c) of this material at NARA, call (202) 741–6030, publisher wants the test to continue to
section. or go to: http://www.archives.gov/ be used in the NRS, the test publisher
(e) Revocation. (1) The Secretary’s must submit, as provided in
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federal_register/
determination regarding the suitability code_of_federal_regulations/ § 462.11(j)(4), the substantially revised
of a test may be revoked if the Secretary ibr_locations.html. test or version of the test to the
determines that the information the (2) If asked by the Secretary, a test Secretary for review so that the
publisher submitted as a basis for the publisher must be able to explain why Secretary can determine whether the
Secretary’s review of the test was it believes that certain standards in the test continues to be suitable for use in
inaccurate. Standards for Educational and the NRS.

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(Authority: 20 U.S.C. 9212) guidance on identifying the appropriate (4) Administer post-tests to students
pre-test; in the same skill areas as the pre-test.
Subpart C—[Reserved] (10) Describe the State’s policy for the (d) Other requirements. (1) A local
initial placement of a student at each eligible provider must administer a test
Subpart D—What Requirements Must NRS educational functioning level using using only staff who have been trained
States and Local Eligible Providers test scores; to administer the test.
Follow When Measuring Educational (11) Describe the State’s policy for (2) A local eligible provider may use
Gain? advancing students across educational the results of a test in the NRS only if
§ 462.40 Must a State have an assessment
functioning levels using the post-test the test was administered in a manner
policy? and for measuring educational gain; that is consistent with the State’s
(12) Describe the pre-service and in- assessment policy and the test
(a) A State must have a written
service staff training that the State or publisher’s recommendations.
assessment policy that its local eligible
local eligible providers will provide, (Approved by the Office of Management and
providers must follow in measuring
including training— Budget under control number 1830–0027)
educational gain and reporting data in (i) For staff who either administer or
the NRS. score each of the tests used to measure (Authority: 20 U.S.C. 9212)
(b) A State must submit its assessment educational gain;
policy to the Secretary for review and § 462.42 How are tests used to place
(ii) For teachers and other local staff students at an NRS educational functioning
approval at the time it submits its involved in gathering, analyzing, level?
annual statistical report for the NRS. compiling, and reporting data for the
(c) The State’s assessment policy (a) A local eligible provider must use
NRS; and the results of the pre-test described in
must— (iii) That includes the following
(1) Include a statement requiring that § 462.41(b) to initially place students at
topics: the appropriate NRS educational
local eligible providers measure the (A) NRS policy, accountability
educational gain of all students who functioning level.
policies, and the data collection process. (b) A local eligible provider must use
receive 12 hours or more of instruction (B) Definitions of measures.
in the State’s adult education program the results of the post-test described in
(C) Conducting assessments; and
with a test that the Secretary has (13) Identify the State or local agency § 462.41(c)—
determined is suitable for use in the responsible for providing pre- and in- (1) To determine whether students
NRS; service training. have completed one or more
(2) Identify the pre- and post-tests that educational functioning levels or are
(Approved by the Office of Management and progressing within the same level; and
the State requires local eligible Budget under control number 1830–0027)
providers to use to measure the (2) To place students at the
educational gain of ABE, ESL, and ASE (Authority: 20 U.S.C. 9212) appropriate NRS educational
students; functioning level.
§ 462.41 How must tests be administered
(3)(i) Indicate when, in calendar days (c)(1) States and local eligible
in order to accurately measure educational
or instructional hours, local eligible gain? providers are not required to use all of
providers must administer pre- and the skill areas described in the NRS
(a) General. A local eligible provider
post-tests to students; and educational functioning levels to place
must measure the educational gains of
(ii) Ensure that the time for students.
students using only tests that the
administering the post-test is long (2) States and local eligible providers
Secretary has determined are suitable
enough after the pre-test to allow the must test and report on the skill areas
for use in the NRS and that the State has
test to measure educational gains most relevant to the students’ needs and
identified in its assessment policy.
according to the test publisher’s to the programs’ curriculum.
(b) Pre-test. A local eligible provider
guidelines; (d)(1) If a State’s assessment policy
must—
(4) Specify the score ranges tied to (1) Administer a pre-test to measure a requires a local eligible provider to test
educational functional levels for student’s educational functioning level a student in multiple skill areas and the
placement and for reporting gains for at intake, or as soon as possible student will receive instruction in all of
accountability; thereafter; the skill areas, the local eligible
(5) Identify the skill areas the State (2) Administer the pre-test to students provider must place the student in an
intends to require local eligible at a uniform time, according to its educational functioning level that is
providers to assess in order to measure State’s assessment policy; and equivalent to the student’s lowest test
educational gain; (3) Administer pre-tests to students in score for any of the skill areas tested
(6) Include the guidance the State the skill areas identified in its State’s under § 462.41(b) and (c).
provides to local eligible providers on assessment policy. (2) If a State’s assessment policy
testing and placement of an individual (c) Post-test. A local eligible provider requires a local eligible provider to test
with a disability or an individual who must— a student in multiple skill areas, but the
is unable to be tested because of a (1) Administer a post-test to measure student will receive instruction in fewer
disability; a student’s educational functioning than all of the skill areas, the local
(7) Describe the training requirements level after a set time period or number eligible provider must place the student
that staff must meet in order to be of instructional hours; in an educational functioning level that
qualified to administer and score each (2) Administer the post-test to is equivalent to the student’s lowest test
test selected by the State to measure the score for any of the skill areas—
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students at a uniform time, according to


educational gains of students; its State’s assessment policy; (i) Tested, under § 462.41(b) and (c);
(8) Identify the alternate form or forms (3) Administer post-tests with a and
of each test that local eligible providers secure, parallel, equated form of the (ii) In which the student will receive
must use for post-testing; same test that was used to pre-test and instruction.
(9) Indicate whether local eligible determine the initial placement of (Approved by the Office of Management and
providers must use a locator test for students; and Budget under control number 1830–0027)

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(Authority: 20 U.S.C. 9212) student’s reading score to place the student same educational functioning level as
in an educational functioning level. To initially placed for NRS reporting
§ 462.43 How is educational gain measure educational gain, the local eligible
measured? purposes.
recipient would compare the reading score
(a)(1) Educational gain is measured by on the pre-test with the reading score on the (Approved by the Office of Management and
comparing the student’s initial post-test. Budget under control number 1830–0027)
educational functioning level, as (Authority: 20 U.S.C. 9212)
(2) A student is considered to have
measured by the pre-test described in
made an educational gain when the
§ 462.41(b), with the student’s § 462.44 Which educational functioning
student’s post-test indicates that he or
educational functioning level as levels must States and local eligible
she has completed one or more providers use to measure and report
measured by the post-test described in
educational functioning levels above the educational gain in the NRS?
§ 462.41(c).
level in which the student was placed
Example: A State’s assessment policy by the pre-test. States and local eligible providers
requires its local eligible providers to test must use the NRS educational
students in reading and numeracy. The (b) If a student is not post-tested, then
no educational gain can be measured for functioning levels in the following
student scores lower in reading than in functioning level table:
numeracy. As described in § 462.42(d)(1), the that student and the local eligible
local eligible provider would use the provider must report the student in the BILLING CODE 4000–01–P
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(Approved by the Office of Management and


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Budget under control number 1830–0027)


(Authority: 20 U.S.C. 9212)
[FR Doc. 06–8709 Filed 10–17–06; 8:45 am]
BILLING CODE 4000–01–C
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