DAR File No. 37415

Education, Administration

Rule R277-702

Procedures for the Utah High School Completion Diploma (Effective on July 1, 2009)

Notice of Proposed Rule

(Amendment)

DAR File No.: 37415
Filed: 03/15/2013 12:56:44 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide updated provisions and terminology changes.

Summary of the rule or change:

Language for computer-based testing is provided; language regarding IDEA and students returning to K-12 is provided; adding an acknowledgement that a GED is only one type of equivalency diploma that could be offered or accepted by the Board; and making terminology changes throughout the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-1-402(1)(b)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The changes update provisions relating to the GED test and diploma and update terminology throughout the rule which do not result in a cost or savings.

local governments:

There is no anticipated cost or savings to local government. The changes update provisions relating to the GED test and diploma and update terminology throughout the rule which do not result in a cost or savings.

small businesses:

There is no anticipated cost or savings to small businesses. This rule and the amendments apply to public education and do not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The changes update provisions relating to the GED test and diploma and update terminology throughout the rule which do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes update provisions relating to the GED test and diploma and update terminology throughout the rule which do not result in compliance costs.

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.

Martell Menlove, State Superintendent

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 [email protected]

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:

05/01/2013

This rule may become effective on:

05/08/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-702. Procedures for the Utah 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.

D. Utah High School Completion Diploma" means a completion diploma issued by the Board and distributed by a GED Testing Center or GED Testing Service (GEDTS) as[ an] agents of the Board, to an individual who has passed all five subject [areas]modules 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 High School Completion Diploma.

 

R277-702-3. 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 Testing 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. Individuals desiring to take a GED Test shall [complete an application available from any official GED Testing Center]follow GED Test registration procedures established by GEDTS and Pearson VUE as approved by the Board and be eligible to take the GED Test under R277-702-4.

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

D. The Board recognizes that a GED is only one type of equivalency diploma that could be offered or accepted by the Board.

 

R277-702-4. Eligibility for GED Testing.

A. GED [T]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.

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

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

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

(a) as part of the GED testing registration process, complete 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]public charter schools, private or residential special purpose schools:

(i) completed by the school district, charter school, private or residential special purpose school not associated with a school district, stating that the [applicant]candidate is not enrolled in a school, and the [applicant]candidate 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]modules of the GED Test; and

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

(ii i) signed by representatives from a Utah state-sponsored Adult Education District Program stating that the [applicant]candidate demonstrates academic competencies to meet with success in passing the GED Test[s]; and

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

(3) if the [applicant]candidate is 17 or 18 years of age and the [applicant's]candidate's graduating class has not graduated, the GED [T]testing [Center requires]candidate shall submit a state of Utah GED Testing Application for 16-18 Year Old Non-Graduates to a Utah state-sponsored Adult Education School District Program:

(a) completed by the school district, charter school, private or residential special purpose school not associated with a school district, stating the [applicant]candidate is not enrolled in school; and

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

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

C. An out-of-school youth of school age who has not successfully passed all five GED Test[s] modules shall be allowed to return to a school district, charter school, private 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 received a Utah High School completion Diploma is not eligible to return to a K-12 high school unless it is required for provision of a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C., Chapter 33

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

[E]F. 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 Testing [a]Administrator, take the GED Test[s].

[F]G. Individuals who have previously passed GED Test[s]modules but seek[ing] higher GED Test scores for specific post-secondary institution admission may seek permission to retake the GED Test[s] module(s) from the USOE GED Testing 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 as defined by GED Testing Service and Pearson VUE.

B. A GED Testing Center, after consultation with the Board or its designee, shall adopt fees and forms for GED [T]testing as defined by GED Testing Service and Pearson VUE.

 

R277-702-6. Official Transcripts.

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

A. Board-approved GED Testing 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 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 [a]Adult [high school]Education Secondary [d]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]B. 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 Test[s] Certificate to be converted to a Utah High School Completion Diploma.

[D]C. Individuals who have taken and passed the GED Test[s] 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 the GED Test[s] shall be limited to the USOE Administrator of GED Testing; state authorized GED Examiners or Pearson VUE test facilitators; and during actual testing, those [examinees]test candidates without high school diplomas or a GED credential. Any other access to the GED Test[s] shall be cleared in writing through the USOE GED Testing Administrator[ of GED Testing].

B. All test [administrators]facilitators shall conduct GED Test administration in strict accordance with the procedures and guidelines specified by the GED Testing Service and Pearson VUE, in the GED 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 from any official GED Test;

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

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

D. Intentional [V]violation of any of these rules by licensed educators may subject [licensed educators]them to disciplinary action under Section [53A-8-104]53A-6-501 or R277-515, Utah Educator Standards, or both.

 

KEY: adult education, educational testing, student competency

Date of Enactment or Last Substantive Amendment: [June 9, 2009]2013

Notice of Continuation: March 12, 2013

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