Sec. 484. Ability to benefit
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Subsection
(d)of section 484 ( 20 U.S.C. 1091 ) is amended to read as follows: In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under subparts 1, 3, and 4 of part A and parts B, C, D, and E of this title, the student shall meet the requirements of one of the following subparagraphs: The student is enrolled in an eligible career pathway program and meets one of the following standards: The student shall take an independently administered examination and shall achieve a score, specified by the Secretary, demonstrating that such student can benefit from the education or training being offered. Such examination shall be approved by the Secretary on the basis of compliance with such standards for development, administration, and scoring as the Secretary may prescribe in regulations. The student shall be determined as having the ability to benefit from the education or training in accordance with such process as the State shall prescribe. Any such process described or approved by a State for the purposes of this section shall be effective 6 months after the date of submission to the Secretary unless the Secretary disapproves such process. In determining whether to approve or disapprove such process, the Secretary shall take into account the effectiveness of such process in enabling students without high school diplomas or the equivalent thereof to benefit from the instruction offered by institutions utilizing such process, and shall also take into account the cultural diversity, economic circumstances, and educational preparation of the populations served by the institutions. The student shall be determined by the institution of higher education as having the ability to benefit from the education or training offered by the institution of higher education upon satisfactory completion of 6 credit hours or the equivalent coursework that are applicable toward a degree or certificate offered by the institution of higher education. The student has completed a secondary school education in a home school setting that is treated as a home school or private school under State law. In this subsection, the term eligible career pathway program means a program that— concurrently enrolls participants in connected adult education and eligible postsecondary programs; provides counseling and supportive services to identify and attain academic and career goals; provides structured course sequences that— are articulated and contextualized; and allow students to advance to higher levels of education and employment; provides opportunities for acceleration to attain recognized postsecondary credentials, including degrees, industry relevant certifications, and certificates of completion of apprenticeship programs; is organized to meet the needs of adults; is aligned with the education and skill needs of the regional economy; and has been developed and implemented in collaboration with partners in business, workforce development, and economic development. . The amendment made by subsection
(a)shall apply to students who first enroll in a program of study during the period beginning July 1, 2012, and ending June 30, 2019.
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Sec. 484
Ability to benefit
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