File No. 34936
This rule was published in the July 1, 2011, issue (Vol. 2011, No. 13) of the Utah State Bulletin.
Secondary School Completion and Diplomas
Notice of Proposed Rule
DAR File No.: 34936
Filed: 06/15/2011 06:29:39 PM
Purpose of the rule or reason for the change:
This rule is amended to remove all references to student state testing requirements. Testing requirements are provided for in existing and new Utah State Board of Education (Board) rules.
Summary of the rule or change:
The amendments include removing language throughout the rule that relate to student state testing.
State statutory or constitutional authorization for this rule:
- Subsections 53A-1-402(1)(b) and (c)
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget. The amendments remove language relating to student state testing because that language is included in existing and new Board rules and unnecessary in this rule.
There are no anticipated costs or savings to local government. Removing language relating to student state testing from this rule does not cost or save school districts or schools money. Language removed is provided for in existing or new Board rule.
There are no anticipated costs or savings to small businesses. This rule applies to public education and does not affect businesses.
persons other than small businesses, businesses, or local governmental entities:
There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. Removing language relating to student state testing from this rule does not cost or save individuals money. Language removed is provided for in existing or new Board rule.
Compliance costs for affected persons:
There are no compliance costs for affected persons. Removing language from this rule and providing for the language in existing or new rules does not affect individuals.
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.
Larry K. Shumway, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Education
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 email@example.com
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:
This rule may become effective on:
Carol Lear, Director, School Law and Legislation
R277. Education, Administration.
R277-705. Secondary School Completion and Diplomas.
In addition to terms defined in Section
]A. "Accredited" means evaluated and approved under the Standards for Accreditation of the Northwest Accreditation Commission or the accreditation standards of the Board, available from the Utah State Office of Education Accreditation Specialist.
B. "Board" means the Utah State Board of Education.
C. "Criterion-referenced test (CRT)" means a test
to measure performance against a specific standard. The meaning of
the scores is not tied to the performance of other
students. D]. "Cut score" means the minimum score a student
must attain for each subtest to pass the UBSCT.
E]. "Demonstrated competence" means subject mastery
as determined by LEA standards and review. LEA review may include
such methods and documentation as: tests, interviews, peer
evaluations, writing samples, reports or portfolios.
F]. "Diploma" means an official document awarded by
an LEA consistent with state and LEA graduation requirements and
the provisions of this rule.
G]. "Individualized Education Program (IEP)" means
a written statement for a student with a disability that is
developed, reviewed, and revised in accordance with the Utah
Special Education Rules and Part B of the Individuals with
Disabilities Education Act (IDEA).
H]. "LEA" means a local education agency, including
local school boards/public school districts and schools, and
I]. "Military child or children" means a K-12
public education student whose parent(s) or legal guardian(s)
satisfies the definition of Section 53A-11-1401.
J]. "Secondary school" means grades 7-12 in
whatever kind of school the grade levels exist.
K]. "Section 504 Plan" means a written statement of
reasonable accommodations for a student with a qualifying
disability that is developed, reviewed, and revised in accordance
with Section 504 of the Rehabilitation Act of 1973.
L]. "Special purpose schools" means schools
designated by regional accrediting agencies, such as the Northwest
Accreditation Commission. These schools typically serve a specific
population such as students with disabilities, youth in custody, or
schools with specific curricular emphasis. Their courses and
curricula are designed to serve their specific populations and may
be modified from traditional programs.
M]. "Supplemental education provider" means a
private school or educational service provider which may or may not
be accredited, that provides courses or services similar to public
N]. "Transcript" means an official document or
record(s) generated by one or several schools which includes, at a
minimum: the courses in which a secondary student was enrolled,
grades and units of credit earned, UBSCT scores and dates of
testing, if applicable, citizenship and attendance records. The
transcript is usually one part of the student's permanent or
cumulative file which also may include birth certificate,
immunization records and other information as determined by the
school in possession of the record.
O. "Utah Performance Assessment System for Students
(U-PASS)" means: (1) criterion-referenced achievement testing of students
in all grade levels in:
(a) language arts (grades 3-11);
(b) mathematics (grades 3-7) and pre-algebra, elementary
Algebra 1, Algebra 2 and geometry;
(c) science (grades 4-8) and earth systems, biology,
chemistry, and physics; and
(2) an online direct writing assessment in grades 5 and
(3) a tenth grade basic skills competency test as
detailed in Section 53A-1-611 (suspended through at least the
2011-2012 school year); and
(4) the use of student behavior indicators in assessing
(5) The U-PASS Performance Report is suspended through at
least the 2011-2012 school year.
P]. "Unit of credit" means credit awarded for
courses taken consistent with this rule or upon LEA authorization
or for mastery demonstrated by approved methods.
Q. "Utah Alternative Assessment (UAA)" means an
assessment instrument for students in special education with
disabilities so severe they are not able to participate in the
components of U-PASS even with testing accommodations or
modifications. The UAA measures progress on instructional goals and
objectives in the student's individual education program
(IEP). R]. "Utah Basic Skills Competency Test (UBSCT)"
means a test to be administered to Utah students beginning in the
tenth grade (suspended through at least the 2011-2012 school year)
to include at a minimum components on English, language arts,
reading and mathematics. Utah students shall satisfy the
requirements of the UBSCT in addition to state and LEA graduation
requirements prior to receiving a high school diploma indicating a
passing score on all UBSCT subtests, for applicable school years
S]. "UBSCT Advisory Committee" means a committee
that is advisory to the Board with membership appointed by the
Board, including appropriate representation of special populations
from the following:
(2) high school principal(s);
(3) high school teacher(s);
(4) school district superintendent(s);
(5) Coalition of Minorities Advisory Committee;
(6) Utah State Office of Education staff;
(7) local school board(s);
(8) higher education.
R277-705-2. Authority and Purpose.
A. This rule is authorized by Article X,
Section 3 of the Utah Constitution, which places general control
and supervision of the public schools under the Board; Section
53A-1-402(1)(b) and (c) which direct the Board to make rules
regarding competency levels, graduation requirements, curriculum,
and instruction requirements;[
Sections 53A-1-603 through 53A-1-611 which direct the Board
to adopt rules for the conduct and administration of
U-PASS;] 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 provide consistent definitions, provide alternative methods for students to earn and schools to award credit, and to provide rules and procedures for the assessment of all students as required by law.
R277-705-4. Diplomas and Certificates of Completion.
A. LEAs shall award diplomas and certificates of completion.
B. Differentiated diplomas that reference the UBSCT before the 2010-2011 school year and after the 2012-2013 school year shall include:
(1) a high school diploma indicating on the diploma that a student successfully completed all state and LEA course requirements for graduation and passed all subtests of the UBSCT.
(2) a high school diploma indicating on the diploma that a student did not receive a passing score on all UBSCT subtests; the student shall have:
(a) met all state and LEA course requirements for graduation; and
(b) beginning with the graduating class of 2007, participated in UBSCT remediation consistent with LEA policies and opportunities; and
(c) provided documentation of at least
three attempts to take and pass all subtests of the UBSCT unless[
: (i)] the student took all subtests of the UBSCT
offered while the student was enrolled in Utah schools[ ; or (ii) a student's IEP team has determined that the
student's participation in statewide assessment is through the
C. LEAs shall establish criteria for students to earn a certificate of completion that may be awarded to students who have completed their senior year, are exiting the school system, and have not met all state or LEA requirements for a diploma.
R277-705-10. Student Rights and Responsibilities Related to Graduation, Transcripts and Receipt of Diplomas.
A. LEAs shall supervise the granting of credit and awarding of diplomas, but may delegate the responsibility to schools within the LEA.
B. An LEA may determine criteria for a student's participation in graduation activities, honors, and exercises, independent of a student's receipt of a diploma or certificate of completion.
C. Diplomas or certificates, credit or unofficial transcripts may not be withheld from students for nonpayment of school fees.
D. LEAs shall establish consistent timelines for all students for completion of graduation requirements. Timelines shall be consistent with state law and this rule.
E. LEAs shall work with enrolled military children to evaluate the students' coursework or to assist students in completing coursework to allow military children to graduate with the students' age-appropriate graduating class consistent with Section 53A-11-1404.
F. Consistent with Section 53A-11-1404(3), if a Utah school is unable to facilitate a military child's receipt of diploma by evaluating coursework in Utah schools and previous schools attended, the Utah school shall contact the military child's previous local education agency and aid, to the extent possible, the receipt of a diploma.
G. Graduation [
or U-PASS] requirements are not retroactive.
R277-705-11. Student Achievement Testing Exceptions. A. The Board may exempt an LEA from U-PASS testing
requirements if an LEA pilots an assessment system that
(1) online classroom-based assessment that utilizes
adaptive testing in all grades;
(2) online writing assessment in grades 4 through
(3) assessments administered in grades 8, 10, and
(4) college placement assessments in grades 11 to provide
information for 12th grade high school course selections;
(5) is subject to an accountability plan and high school
graduation standards that are based on the assessment system
described in R277-705-11A(1), (2), (3), and (4) above and
developed and adopted by the Board.
B. Exemptions may not exceed three rural school
districts, two urban school districts, and five charter
C. Exemptions may not continue beyond July 1,
D. Students moving from an exempted LEA to a nonexempted
LEA, or students moving from a nonexempted LEA to an exempted LEA
during their 11th or 12th grade year may receive a diploma based
on the requirements of their previous or new LEA as determined by
the parents and school administrators of the LEA they attend at
the time of graduation.
R277-705-12. High School Assessment Pilot Program. A. The Board shall implement the High School Assessment
Pilot Program (Program) consistent with Section 53A-1-603(7) to
allow LEAs to:
(1) administer the ACT exam to secondary students for the
2010-11 and 2011-12 schools years; or
(2) administer a computer adaptive testing of basic
skills, or both the ACT and computer adaptive testing.
B. The pilot Program shall extend until July 1,
C. The Board shall develop an application for LEAs
choosing to participate in the Program.
D. The Board shall re-direct the money saved by not
administering the UBSCT to fund implementation of the
E. LEAs participating in the Program shall
(1) the LEA will continue required CRT testing;
(2) full participation and cooperation with evaluators
and Board staff in implementing the Program;
(3) the local board or governing board has fully endorsed
the LEA's participation in a public meeting; and
(4) the LEA agrees to provide participation data and
results to the Board or the Utah State Legislature, or both, as a
requirement of the Program.]
Date of Enactment or Last Substantive Amendment: [
August 9, 2010]
Notice of Continuation: February 2, 2007
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(b); 53A-1-603 through 53A-1-611; 53A-1-401(3)
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org.