---
kind: "section"
citation: "34 C.F.R. § 668.141"
title: "34"
number: "668.141"
heading: "Scope."
url: "https://uscodex.org/cfr/34/668.141"
---

# §668.141. Scope.

- (a) This subpart sets forth the provisions under which a student who has neither a high school diploma nor its recognized equivalent may become eligible to receive title IV, HEA program funds by—
  - (1) Achieving a passing score, specified by the Secretary, on an independently administered test approved by the Secretary under this subpart; or
  - (2) Being enrolled in an eligible institution that participates in a State process approved by the Secretary under this subpart.
- (b) **Under this subpart, the Secretary sets forth—**
  - (1) The procedures and criteria the Secretary uses to approve tests;
  - (2) The basis on which the Secretary specifies a passing score on each approved test;
  - (3) The procedures and conditions under which the Secretary determines that an approved test is independently administered;
  - (4) The information that a test publisher or a State must submit, as part of its test submission, to explain the methodology it will use for the test anomaly studies as described in § [668.144(c)(17)](/cfr/34/668.144.md?p=c-17) and [(d)(8)](/cfr/34/668.144.md?p=d-8), as appropriate;
  - (5) **The requirements that a test publisher or a State, as appropriate—**
    - (i) Have a process to identify and follow up on test score irregularities;
    - (ii) **Take corrective action—** up to and including decertification of test administrators—if the test publisher or the State determines that test score irregularities have occurred; and
    - (iii) Report to the Secretary the names of any test administrators it decertifies and any other action taken as a result of test score analyses; and
  - (6) The procedures and conditions under which the Secretary determines that a State process demonstrates that students in the process have the ability to benefit from the education and training being offered to them.

## Notes

### Source

Source: 75 FR 66960, Oct. 29, 2010, unless otherwise noted.

### Authority

Authority: 20 U.S.C. 1001-1003, 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, 1099c-1, 1221e-3, and 1231a, unless otherwise noted.
