"Ability to Benefit" Tests for Students with Disabilties

The U.S. Department of Education (ED) recently issued a Federal Register, dated May 5, 1999, expanding the approval of "ability to benefit" tests and passing scores for students with disabilities. ED previously published a list of nine approved tests and passing scores in Federal Registers dated October 25, 1996 and October 27, 1998. However, at that time these nine tests were not yet approved for students with disabilities.

ED is now expanding the approval of those nine tests for 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 American with Disabilities Act. ED notes the exception remains in effect for students whose native language is not English and who are not fluent in English. That is, the nine tests 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.

A copy of the May 5, 1999 Federal Register can be found on ED's web site at http://ifap.ed.gov. If you are unable to access this web site and would like a copy, please contact Lynda Reid at (801) 321-7211. Any questions regarding this bulletin can be directed to the UHEAA Policy and Training Department at (801) 321-7166 or by e-mail at cjudd@utahsbr.edu.