5816234 Education, Office of the State Superintendent - Notice of Emergency & Proposed Rulemaking - Amending to add a new Chapter 84 (General Education Development (GED) Testing) to align with the 2014 Series of the GED® test and establish new ...
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OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The State Superintendent of Education, pursuant to the authority set forth in Sections 3(b)(11), (15), and (17) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(11), (15), and (17) (2012 Repl. & 2015 Supp.)), hereby gives notice of the adoption, on an emergency basis, of the following amendments to create a new Chapter 84 (General Educational Development (GED®) Testing) of Subtitle A (Office of the State Superintendent of Education), Title 5 (Education), of the District of Columbia Municipal Regulations (“DCMR”), and to delete Section 2320 (General Educational Development (GED®) Testing) of Chapter 23 (Curriculum and Testing) in Subtitle E (Original Title 5), Title 5 DCMR (Education), in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
The purpose of the proposed rulemaking is to (1) align regulations with the 2014 Series of the GED® test, which is now a computer-based test; (2) to provide the flexibility needed to allow the District of Columbia to continue to act as the national GED® jurisdiction, which gives the Office of the State Superintendent of Education (OSSE) the authority to provide GED® testing and credentialing to a range of non-residents; and (3) establish new eligibility requirements for test takers. This emergency rulemaking is necessitated by the immediate need to ensure that OSSE maintains the national partnership with GED Testing Service which authorizes OSSE to provide GED® testing and credentialing to a range of non-residents and reduces the GED® test fee for District residents to fifteen dollars ($15.00) total for all four (4) subject area tests.
The rules were adopted on December 10, 2015 and became effective on that date. The rules will remain in effect for up to one hundred twenty (120) days, expiring on April 8, 2016, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. The State Superintendent of Education also gives notice of her intent to take final rulemaking action to adopt these amendments in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
A new Chapter 84 is added to Title 5-A DCMR, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION, as follows:
CHAPTER 84 GENERAL EDUCATIONAL DEVELOPMENT (GED®) TESTING
8400 GENERAL PROVISIONS
8400.1 The Office of the State Superintendent of Education (“OSSE” or “State Superintendent”) is the sole entity authorized and responsible for the administration of the tests of General Educational Development (GED® test) for eligible applicants in the District of Columbia; and, is the sole entity authorized to certify and monitor other entities as official GED® testing sites for eligible applicants in the District of Columbia.
8401 ADMINISTRATION OF THE GED® TEST
8401.1 The content of the GED® test administered by the OSSE shall be determined or supplied by GED Testing Service.
8401.2 The State Superintendent shall refer all applicants seeking test-taking accommodations to GED Testing Service. The decision to provide test-taking accommodations is made solely by GED Testing Service.
8401.3 The GED® test is a computer-based test and shall be given on computer at an approved test center.
8401.4 A resident must complete all subjects in the same language in order to earn a GED® test credential.
8401.5 The GED® test shall not be administered for any purpose prohibited by GED Testing Service.
8402 ELIGIBILITY REQUIREMENTS
8402.1 An applicant is eligible to take the GED® tests in the District of Columbia if the applicant:
(a) Establishes evidence of residence in the District of Columbia, as defined in this chapter, at the time of both application and examination by presenting documentation in compliance with D.C. Official Code § 38-309-310;
(b) Has not already graduated or matriculated from a traditional high school program;
(c) Prior to taking each GED® subject test, demonstrates preparedness to successfully complete the test by:
(1) Providing documentation of the completion of the corresponding GED® subject test of the official practice test, the GED Ready®, with a result of “likely to pass” or “too close to call” for that Module; or
(2) Providing a letter from a GED® preparation program recognized by the State Superintendent stating that the applicant has participated in that program and is prepared to successfully complete the corresponding GED® subject test; and
(d) Is at least eighteen (18) years old, and meets one of the following criteria:
(1) The applicant has not been enrolled in a traditional high school program for a period of not less than six (6) months prior to submitting an application;
(2) The applicant was a member of a high school class which has already graduated;
(3) The applicant has officially withdrawn from a traditional high school program without re-enrollment for a period of not less than six (6) months, during which time the applicant has been enrolled in a GED® preparatory class; or
(4) The applicant is certified by a GED® preparation program sponsored by the government of the District of Columbia or the federal government.
8402.2 Exceptions to the criteria stated in § 8402.1(c) or (d) shall be approved by the State Superintendent or an authorized designee.
8402.3 Nonresidents of the District of Columbia who are otherwise eligible may apply and participate in GED® testing and credentialing in the District if they fall under one (1) of the following criteria:
(a) The applicant is currently serving as a member, or dependent family member, of the Armed Forces of the United States on active duty assignment in the District of Columbia;
(b) The applicant is a trainee in a program sponsored by the government of the District of Columbia or federal government which is operated in the District of Columbia; or
(c) The applicant is a ward of the District of Columbia.
8402.4 Notwithstanding the criteria established for nonresidents in Subsection 8402.3 of this chapter, the State Superintendent may waive the residency requirements of Subsection 8402.1(a) of this chapter and provide GED® testing and credentialing to nonresidents who are otherwise qualified under GED Testing Service’s testing policies.
8402.5 The State Superintendent shall also provide GED® testing and credentialing services to persons incarcerated or confined in institutions located in the District of Columbia or operated by the District outside the physical boundaries of the District.
8403 RETESTING
8403.1 An applicant who has taken any GED® subject test and failed to meet the minimum standards for qualification may apply to retake the test that was failed after the expiration of the applicable waiting period, as follows:
(a) Thirty (30) calendar days, if the applicant has taken the corresponding GED Ready® test, the official practice test for the GED® test and achieved a result of “likely to pass” or “too close to call” since the date of their failed attempt; or
(b) Sixty (60) calendar days if the applicant has tested and failed the subject test three times and sixty (60) calendar days waiting period between each subsequent administration of the same subject test.
8403.2 Exceptions to the criteria stated in § 8403.1 shall be approved by the State Superintendent or an authorized designee.
8404 FEE SCHEDULE
8404.1 The Superintendent shall adopt and publicize uniform fees for the administration of each GED® test and subsequent re-tests.
8404.2 Waivers of the testing fees stated in § 8404.1 may be approved by the State Superintendent or an authorized designee in cases of demonstrated financial hardship.
8405 ISSUANCE OF THE GED® CREDENTIAL
8405.1 The State Superintendent shall approve the issuance of the District of Columbia GED® credential, as defined in this chapter, pursuant to statutory requirements, the requirements of GED Testing Service, and the provisions of this section.
8405.2 Approval of the issuance of GED® credentials by the State Superintendent shall be based upon certification that the applicants are qualified by virtue of having fulfilled all requirements for issuance of the credential.
8405.3 GED Testing Service shall establish the minimum qualifying score for issuance of a District of Columbia GED® Credential and the Superintendent shall reserve the option of establishing a higher passing score for the District of Columbia at any time.
8499 DEFINITIONS
“Applicant” means the individual who is seeking to take the GED® test.
“Credential” means the certificate and/or the state diploma provided by OSSE for successfully passing the GED® test.
“GED® test” means the nationally recognized high school equivalency test.
“Module” means a single subject area being measured by the GED® test.
“OSSE” means the Office of the State Superintendent of Education.
“Residence” means the address where the applicant’s parent, legal guardian, custodian or other primary caregiver resides, if the applicant is under eighteen (18), or if the applicant is an adult, or emancipated minor, the address where the applicant actually resides.
Chapter 23, CURRICULUM AND TESTING, of Title 5-E DCMR, ORIGINAL TITLE 5, is amended as follows:
Section 2320, GENERAL EDUCATIONAL DEVELOPMENT (GED®) TESTING, is deleted in its entirety.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the D.C. Register via email addressed to: ossecomments.proposedregulations@dc.gov; or by mail or hand delivery to the Office of the State Superintendent of Education, Attn: Jamai Deuberry re: State Education Agency Diploma, 810 First Street, NE 9th Floor, Washington, D.C. 20002. Additional copies of this rule are available from the above address and on the Office of the State Superintendent of Education website at www.osse.dc.gov.
