FAQ: What is the "40-hour rule" for assessments?

Q: What is the "40-hour rule" for assessments?

A: It is a Federal rule that tells how often a student may be re-tested in the same test family and subject. (Test family examples: CASAS, CASAS GOALS, TABE, BEST PLUS 2.0) The 40-hour rule* applies to academic students who will be counted in state and federal NRS reporting.

If you accidentally test a student in the same test family and subject before 40 hours of instruction, the test cannot be recorded in SiD.

Students with fewer than 40 instructional hours may be assessed:

  • in the same test family, but different subject
  • in a different test family
  • using a non-NRS test, such as an in-house assessment or rubric or
  • when they meet one of the exceptions below.

*Exceptions to the 40-hour rule

  1. Last test is too old to set an entry EFL
    o set an entry Educational Functioning Level (EFL) for the Federal NRS reporting year, students must have a currently approved, valid test dated in the 12 month lookback period - within 12 months of the start of the Federal NRS year, July 1.
    If the last test was given prior to the 12 month lookback, give a new test using an alternate form even if 40 hours have not yet occurred.
  2. Student qualifies for a test waiver
    The MNABE Assessment Policy allows for a waiver of the requirement of 40 contact hours between tests, in limited and specific situations. See Waiver for 40-hour Testing Requirement for details.

How SiD counts hours between tests

  • SiD presumes the day of the PRE-test does not include instructional time. The 40 hour countdown to the next assessment will begin on the day after a pre-test is given.
  • Hours earned on the day of a POST-test do count toward the 40 hours between tests. This allows programs to provide last-minute instruction before the test is given.
  • The 40 hours may be earned across different reporting years.
  • For shared students, hours earned at another site count towards the 40 hours between tests.

NOTE: When a student crosses the 40 hours mark on the day of the test, it's important to add attendance hours for the day BEFORE attempting to add the test results.


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