DAR File No. 41190
This rule was published in the February 1, 2017, issue (Vol. 2017, No. 3) of the Utah State Bulletin.
Procedures for the Utah High School Completion Diploma
Notice of Proposed Rule
DAR File No.: 41190
Filed: 01/17/2017 03:43:00 PM
Purpose of the rule or reason for the change:
Rule R277-702 is amended to remove all references to the General Educational Development (GED) Test and the test administration vendor and to replace the term with a more general descriptor of high school equivalency exam. Additionally, technical and conforming changes are provided throughout the rule in accordance with the rulewriting style manual.
Summary of the rule or change:
The GED test is changed to a more general term of high school equivalency exam (HSE exam). Also, technical, conforming, and terminology changes are provided throughout the rule.
Statutory or constitutional authorization for this rule:
- Section 53A-1-401
- Art X, Sec 3
- Subsection 53A-1-402(1)(b)
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-702 change the title of the exam and make technical and conforming changes, which likely will not result in a cost or savings to the state budget.
The amendments to Rule R277-702 change the title of the exam and make technical and conforming changes, which likely will not result in a cost or savings to local government.
The amendments to Rule R277-702 change the title of the exam and make technical and conforming changes, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
The amendments to Rule R277-702 change the title of the exam and make technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
The amendments to Rule R277-702 change the title of the exam and make technical and conforming changes, which likely will not result in any compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, 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:
Angela Stallings, Deputy Superintendent, Policy and Communication
R277. Education, Administration.
R277-702. Procedures for the Utah High School Completion Diploma.
. 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[
which directs the Board to adopt rules regarding access to
programs, competency levels
and graduation requirements[
(3)] which allows the Board to [ adopt] rules [ in accordance with its] responsibilities
B.] The purpose of this rule is to describe the standards
obtain[ ing] a Utah High School Completion Diploma.
A. "Board" means the Utah State Board of
Education. B. "GED Test" means the General Educational
Development Test developed by the American Council on
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.
Utah [ H]igh [ S]chool [ C]ompletion [ D]iploma" means a completion diploma issued by the Board
and distributed by a [ GED Testing Center or GED Testing Service (GEDTS) as agents
of the Board], to an individual who has passed
all[ five] subject modules of [ the GED Test] at a Utah [ GED Testing] [ C]enter
[ based on Utah passing standards; measuring the major and
lasting outcomes and concepts associated with a traditional
four-year high school experience.]
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.]
Board] may contract with [ educational] institutions within the state to
administer [ the tests] and provide related testing services.
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 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 modules of the GED Test and obtain an overall
average standard score of 450 on the five test modules
D. The Board recognizes that a GED is only one type of
equivalency diploma that could be offered or accepted by the
R277-702-4. Eligibility for [
A.][ GED testing is open to all individuals] regardless
and is open to all individuals regardless of
B. Admission to a GED Test requires the
following: (1) that the 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 candidate is age 16, the ] candidate shall[ : (a) as part of the GED testing registration process,
state of Utah [ GED Testing] Application for 16-18 Year Old Non-Graduates [ available from public schools, 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 candidate is not enrolled in a school[ ,][ and]
the 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 modules of the GED Test]; and
the candidate's parent[ /]
guardian specifically stating that the candidate and
parent[ /] guardian
understand and accept the consequences and educational
choices associated with the candidate's decision to withdraw
from a K-12 program of instruction[
authorizing] [ the GED Test]; [ or]
iii]) [ signed by] representative[ s from]
a Utah state-sponsored [ A]dult [ E]ducation [ D]istrict [ P]rogram [ stating ]that the candidate demonstrates academic
competencies to meet with success in passing the [ GED Test; and]
(iv)] a marriage
certificate in lieu of [ the parent/guardian signature] if the candidate is
3]) [ if the candidate is 17 or 18 years of age and the
candidate's graduating class] has not
graduated[ , the GED testing 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
completed by the school district, charter school, private
or residential special purpose school not associated with a school
district, stating ]
the candidate is not enrolled in school; and
signed by] the candidate's parent[ /] guardian authorizing the test[ ; or]
a marriage certificate in lieu of the
[ parent/guardian signature] if the candidate
C.] An out-of-school youth of school age who has not
successfully passed all [ five GED Test] 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 [ H]igh [ S]chool completion [ D]iploma 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
[ An] out-of-school youth of school age who has
successfully passed all [ five GED Test] modules and received a Utah [ H]igh [ S]chool [ C]ompletion [ D]iploma [ shall be reported ]as a graduate for [ K]-12 graduation [ A]nnual [ Y]early [ P]rogress outcomes.
F.] [ I]ndividual[ s, as]
required by an employer or higher education
to provide academic competency[ , who]
cannot offer proof of high school completion may, upon
approval of the [ USOE GED Testing Administrator], take [ the GED Test].
G.] [ I]ndividual[ s] who [ have] previously passed [ GED Test] modules but seek
higher [ GED Test] scores for specific post-secondary institution
admission may seek permission to retake [ the GED Test] module[ (s)] from the [ USOE GED Testing Administrator].
A.] [ T]he 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
B.] [ A GED Testing Center, after consultation with the Board or
its designee, shall adopt fees and forms for GED 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 score[ s are]
A.] Board-approved [ GED] [ T]esting [ C]enter[ s];
B.] [ T]ranscript service of the Defense Activity for
Non-Traditional Educational Support[ (DANTES)];
C.] Veterans Administration hospital[ s and]
center[ s]; or
D.] [ GED Testing Service or] authorized
R277-702-7. Adult High School Outcomes.
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]dult [ E]ducation [ S]econdary [ D]iploma only if the student was enrolled in an [ A]dult [ E]ducation [ P]rogram prior to July 1, 2009 and [ the GED was transcripted] prior to July 1,
[ I]ndividual[ s] 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 [ A]dult [ E]ducation [ S]econdary [ D]iploma upon completion of graduation requirements as
defined in Rule 277-733[ - Adult Education Programs], but may not apply for
a previously issued [ GED Test Certificate] to be converted to a Utah [ H]igh [ S]chool [ C]ompletion [ D]iploma.
[ I]ndividual[ s] who [ have taken] and passed [ the GED Test] 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 [ H]igh [ S]chool [ C]ompletion [ D]iploma 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 [ A]dult [ E]ducation [ S]econdary [ D]iploma.
A.][ Access to the GED Test shall be limited to the USOE
Administrator of GED Testing]
[ GED E]xaminers
Pearson VUE test facilitators];[ and]
during actual testing, those test candidates without high
school diplomas or a GED credential. Any other access to the GED
Test shall be cleared in writing through the USOE GED Testing
B.] A[ ll] test facilitator[ s] 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 and Board rules.]
C.] [ Teachers, administrators, and school personnel
shall ] not:
student[ s] directly or indirectly with specific questions
or answers from any official [ GED Test];
student[ s] access to any testing material, in any form,
prior to test administration; 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 violation of any of these rules by licensed
educators may subject them ] to disciplinary action under Section
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: [
May 16, 2013]
Notice of Continuation: March 12, 2013
Authorizing, and Implemented or Interpreted Law:
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.