DAR File No. 32511

Education, Administration

R277-702

Procedures for the Utah General Educational Development Certificate

NOTICE OF PROPOSED RULE

DAR File No.: 32511
Filed: 04/07/2009, 01:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide parameters associated with youth (16 years of age or older) who may choose to exit a K-12 public program of instruction and seek admission to take the GED Tests; upon successfully passing the GED Tests, students would receive a Utah High School Completion Diploma. The amendments to this rule make the rule consistent with recently amended Rule R277-733, Adult Education Programs. (DAR NOTE: The proposed amendment to Rule R277-733 was published in the February 1, 2009, Bulletin under DAR No. 32315, and was effective 03/10/2009.)

Summary of the rule or change:

The amendments provide new and changed definitions, provide new and specific language for eligibility for GED testing, provide new and specific language for adult high school outcomes, and update terminology.

State statutory or constitutional authorization for this rule:

Subsections 53A-1-402(1)(b) and 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes provide for new standards and procedures consistent with the federal regulations for the GED program and do not require additional personnel or resources to implement.

local governments:

There are no anticipated costs or savings to local government. If youth (16 years of age or older) choose to exit a K-12 public program of instruction and seek admission to take the GED Tests, school districts/charter schools will no longer provide services in the traditional K-12 program.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persons other than businesses. The amendments provide for changes that are related to public education students.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The new standards and procedures provide more flexibility to youth (16 years of age or older) who may choose to exit a K-12 public program of instruction and seek admission to take the GED Tests.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/01/2009

This rule may become effective on:

06/08/2009

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-702. Procedures for the Utah [General Educational Development Certificate]High School Completion Diploma (Effective on July 1, 2009).

R277-702-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "GED Test" means the General Educational Development Test developed by the American Council on Education.

C. "Out-of-school youth" means an individual 16 to 19 years of age whose high school class has not graduated and who is no longer enrolled in a K-12 program of instruction.

[C]D. ["Utah General Educational Development Certificate"]Utah High School Completion Diploma" means a [certificate]completion diploma issued by the Board [acknowledging competency on the part of the certificate holder in the GED test areas]and distributed by a GED Testing Center as an agent of the Board, to an individual who has passed all five subject areas of the GED Test at a Utah GED Testing Center based on Utah passing standards; measuring the major and lasting outcomes and concepts associated with a traditional four-year high school experience. This definition becomes effective on July 1, 2009.

 

R277-702-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-402(1)(b) which directs the Board to adopt rules regarding access to programs, competency levels and graduation requirements, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to describe the standards and procedures for obtaining a Utah [General Educational Development Certificate]High School Completion Diploma.

 

R277-702-[4]3. Administrative Procedures and Standards for Testing and Certification.

A. The Board contracts with the General Educational Testing Service of the American Council on Education to administer the GED [t]Testing [p]Program in the state. The Board may contract with educational institutions within the state to administer the tests and provide related testing services. The number and location of the institutions designated as testing centers is determined in a manner that ensures that the test is reasonably accessible to potential applicants. Testing centers shall meet the GED Testing Service requirements in the GED Examiner's Manual, available at all Board-approved GED Testing Centers and from the USOE.

B. [Persons]Individuals desiring to take a GED Test shall complete an application available from any official GED [t]Testing [c]Center [of]approved by the Board and be eligible to take the GED Test under [Subsection ]R277-702-[3]4.

C. [Persons]Individuals desiring to obtain a Utah [General Educational Development Certificate]High School Completion Diploma shall obtain a standard score of at least 410 on each of the five test components of the GED Test and obtain an overall average standard score of 450 on the five tests combined.

 

R277-702-[3]4. Eligibility for GED Testing.

A. GED Testing is open to all individuals regardless of race, color, national origin, gender or disabilities and is open to all individuals regardless of Utah residency.

[A]B. Admission to a GED Test requires the following (effective on July 1, 2009):

(1) that the applicant be at least [18]16 years of age and [the applicant's graduating class has graduated]is not enrolled in any Utah K-12 school that issues high school credits or diplomas or both;[ or]

(2) if the applicant is age 16, the GED Testing Center requires the following from the applicant:

(a) a state of Utah GED Testing Application for 16-18 Year Old Non-Graduates available from public schools, from accredited providers of public school credits, and from GED Testing Centers:

(i) completed by the school district, charter school, or special purpose school not associated with a school district, stating that the applicant is not enrolled in a school, and the applicant understands and accepts the consequences and educational choices associated with the withdrawal from a K-12 program of instruction, including the prohibition from returning to a K-12 program anywhere in Utah upon successful passing of all five sections of the GED Test; and

(ii) signed by representatives from a Utah state-sponsored Adult Education Program stating that the applicant demonstrates academic competencies to meet with success in passing the GED Tests; and

(iii) signed by the applicant's parent/guardian specifically stating that the applicant and parent/guardian understand and accept the consequences and educational choices associated with the applicant's decision to withdraw from a K-12 program of instruction, and authorizing the GED Tests; or

(iv) a marriage certificate in lieu of the parent/guardian signature if the applicant is married.

([2]3) [that ]if the applicant is 17 or 18 years of age and the applicant's graduating class has not graduated, the GED [t]Testing [c]Center requires [the following:

(a) a letter from]a state of Utah GED Testing Application for 16-18 Year Old Non-Graduates:

(a) completed by the school district[ within which the applicant resides], charter school, or special purpose school not associated with a school district, [indicating]stating the applicant is not[ regularly] enrolled in school; and

[(b) a letter from](b) signed by the applicant's parent[ or ]/guardian authorizing the test; or

(c) a marriage certificate [from the applicant if the applicant is married]in lieu of the parent/guardian signature if the applicant is married.

C. An out-of-school youth of school age who has not successfully passed all five GED Tests shall be allowed to return to a school district, charter school, or special purpose school not associated with a school district prior to the time his class graduates with the understanding and expectation that all necessary requirements for the traditional K-12 diploma shall be completed for a regular high school diploma.

D. An out-of-school youth of school age who has successfully passed all five GED Tests and received a Utah High School Completion Diploma shall be reported as a graduate for K-12 graduation Annual Yearly Progress outcomes.

E. Individuals, as required by an employer or higher education to provide academic competency, who can not offer proof of high school completion may, upon approval of the USOE GED administrator, take the GED Tests.

F. Individuals who have previously passed GED Tests but seeking higher GED Test scores for specific post-secondary institution admission may seek permission to retake the GED Tests from the USOE Administrator of GED Testing.

 

R277-702-5. Fees.

A. The Board, or its designee, shall adopt uniform fees for the General Educational Development Certificate and uniform forms, deadlines, and accounting procedures to administer this program.

B. A GED [t]Testing [c]Center, after consultation with the Board or its designee, shall adopt fees and forms for[ its] GED [t]Testing.

 

R277-702-6. Official Transcripts.

Test scores shall be accepted by the Board when original scores are reported by:

A. Board-approved GED [t]Testing [c]Centers;

B. Transcript service of the Defense Activity for Non-Traditional Educational Support (DANTES);

C. Veterans Administration hospitals and centers; or

D. GED Testing Service or authorized agents.

 

R277-702-7. Adult High School [Credit]Outcomes (Effective Upon Board Approval).

A. A local board of education may adopt standards and procedures for awarding up to five (5) units of credit on the basis of test results which may be applied toward an adult high school diploma only if the student was enrolled in an Adult Education Program prior to July 1, 2009 and the GED was transcripted prior to July 1, 2009.

B. Individuals enrolled in an adult education program any time during the 2008-2009 program year may apply credits for successfully passing the GED Tests toward an Adult Education Secondary Diploma.

C. Individuals who have taken and passed the GED Tests prior to January 1, 2002 may enroll in an adult education program now and in the future to obtain an Adult Education Secondary Diploma upon completion of graduation requirements as defined in Rule 277-733 - Adult Education Programs but may not apply for a previously issued GED Tests Certificate to be converted to a Utah High School Completion Diploma.

D. Individuals who have taken and passed the GED Tests in the state of Utah between the dates of January 1, 2002 and June 30, 2009 may apply after July 1, 2009 for a Utah High School Completion Diploma to replace the originally issued GED Test Certificate from the Board or they may enroll in an adult education program to complete the necessary requirements for an Adult Education Secondary Diploma.

 

R277-702-8. GED Testing Security.

A. Access to GED [t]Tests shall be limited to the [State]USOE Administrator of GED Testing; state authorized GED Examiners; and during actual testing, those examinees without high school diplomas or GED. Any other access to GED [t]Tests [must]shall be cleared in writing through the [State]USOE Administrator of GED Testing.

B. All test administrators shall conduct GED [t]Test administration in strict accordance with the procedures and guidelines specified in the GED [t]Test administration manual, school district rules and policies, and Board rules.

C. Teachers, administrators, and school personnel shall not:

(1) provide students directly or indirectly with specific questions[;] or answers[, or the subject matter of any specific item] from any official GED [t]Test;

(2) allow students access to any testing material, in any form, prior to test administration with the exception of GED demographic sheets; [and]or

(3) knowingly and intentionally do anything that would inappropriately affect the security, validity, or reliability of GED [t]Test scores of any individual student or group taking the GED [t]Test.

D. Violation of any of these rules may subject licensed educators to[ possible] disciplinary action under Section 53A-8-104 or [Rules of Professional Practices and Conduct for Utah Educators, R686-103-6(I)]R277-515, Utah Educator Standards, or both.

 

KEY: adult education, educational testing, student competency

Date of Enactment or Last Substantive Amendment: [May 17, 2002]2009

Notice of Continuation: January 8, 2008

Authorizing, and Implemented or Interpreted Law: 53A-1-402(1)(b); 53A-1-401(3)