34 CFR §668.141

1. (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. (1)Achieving a passing score, specified by the Secretary, on an independently administered test approved by the Secretary under this subpart; or
   2. (2)Being enrolled in an eligible institution that participates in a State process approved by the Secretary under this subpart.
2. (b)Under this subpart, the Secretary sets forth—
   1. (1)The procedures and criteria the Secretary uses to approve tests;
   2. (2)The basis on which the Secretary specifies a passing score on each approved test;
   3. (3)The procedures and conditions under which the Secretary determines that an approved test is independently administered;
   4. (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) and (d)(8), as appropriate;
   5. (5)The requirements that a test publisher or a State, as appropriate—
      1. (i)Have a process to identify and follow up on test score irregularities;
      2. (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
      3. (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. (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.