No. 41190 (Amendment): Rule R277-702. Procedures for the Utah High School Completion Diploma

(Amendment)

DAR File No.: 41190
Filed: 01/17/2017 03:43:00 PM

RULE ANALYSIS

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.

local governments:

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.

small businesses:

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
Administration
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 [e-mail]

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:

03/03/2017

This rule may become effective on:

03/10/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-702. Procedures for the Utah High School Completion Diploma.

R277-702-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized by :

(a) Utah Constitution Article X, Section 3 , which vests general control and supervision of public education in the Board[,];

(b) S ubsection 53A-1-402(1)(b) , which directs the Board to adopt rules regarding access to programs, competency levels , and graduation requirements[,]; and

(c) Section 53A-1-401[(3)], which allows the Board to [adopt]make rules [in accordance with its]to execute the Board's duties and responsibilities under the Utah constitution and state law.

[B.](2) The purpose of this rule is to describe the standards and procedures required for an individual to obtain[ing] a Utah High School Completion Diploma.

 

R277-702-[1]2 . 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.]

(1) "High school equivalency exam" or "HSE exam" means a Board approved examination whose test modules are aligned with:

(a) current high school core standards; and

(b) adult education college and career readiness standards.

[C.](2) "Out-of-school youth" means an individual 16 to 19 years of age whose high school [class]cohort has not graduated and who is no longer enrolled in a K-12 program of instruction.

[D.](3) "Utah [H]high [S]school [C]completion [D]diploma" 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]Board-approved contractor, to an individual who has passed all[five] subject modules of [the GED Test]the HSE exam at a Utah [GED Testing]HSE exam testing [C]center .[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.]

(1)(a) The Superintendent shall contract with a third party contractor in accordance with state procurement law to administer HSE exams in the state.

(b) The [Board]Superintendent may contract with [educational]public non-profit institutions within the state to administer [the tests]HSE exams and provide related testing services.

(c) The Superintendent shall determine 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.]

(d) The Superintendent shall develop requirements for HSE exam testing centers in conjunction with the contractor approved in accordance with Subsection (1)(a).

[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 combined.]

(2) The Superintendent shall develop minimum scores required for passing an HSE exam in conjunction with a vendor chosen in accordance with Subsection (1)(a).

(3) The Superintendent shall award a diploma to a candidate who receives a passing score on an HSE exam.

[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]HSE Testing.

[A.](1) Any individual may take a Utah HSE exam[GED testing is open to all individuals] regardless of :

(a) race[,];

(b) color[,];

(c) national origin[,];

(d) gender ;[or disabilities]

(e) disability; or[and is open to all individuals regardless of Utah]

(f) state of residency.

[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) A candidate for the HSE exam:

(a) shall be at least 16 years of age; and

(b) may not be enrolled in any Utah k-12 school.

([2]3) [if the candidate is age 16, the ]A 16-year-old candidate shall[:

(a) as part of the GED testing registration process, complete] submit a completed state of Utah [GED Testing]HSE Exam Application for 16-18 Year Old Non-Graduates [available from public schools, public charter schools, private or residential special purpose schools], which shall include:

([i]a) [completed by the school district, charter school, private or residential special purpose school not associated with a school district, stating ]verification in a manner approved by the Superintendent that the candidate is not enrolled in a school[,];[and]

(b) verification that the candidate understands and accepts the consequences and educational choices associated with the candidate's 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]an HSE exam; and

([ii]c) signed acknowledgment[by] from the candidate's parent[/] or guardian specifically stating that the candidate and parent[/]or guardian :

(i) understand and accept the consequences and educational choices associated with the candidate's decision to withdraw from a K-12 program of instruction[,]; and

(ii) [authorizing]authorize the candidate to take [the GED Test]an HSE exam; [or]and

([iii]d) [signed by]verification from a representative[s from] of a Utah state-sponsored [A]adult [E]education [D]district [P]program [stating ]that the candidate demonstrates academic competencies to meet with success in passing the [GED Test; and]HSE exam.

[(iv)](4) A 16 year-old candidate may provide a marriage certificate in lieu of [the parent/guardian signature]the requirement of Subsection (3)(c) if the candidate is married.

([3]5) [if the candidate is 17 or 18 years of age and the candidate's graduating class]A 17 or 18 year-old candidate whose cohort has not graduated[, the GED testing candidate] shall submit a state of Utah [GED Testing]HSE exam Application for 16-18 Year Old Non-Graduates[to a Utah state-sponsored Adult Education School District Program], which shall include:

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

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

([c]6) A candidate may submit a marriage certificate in lieu of the [parent/guardian signature]requirement contained in Subsection (5)(b) if the candidate is married.

[C.](7) An out-of-school youth of school age who has not successfully passed all [five GED Test]HSE exam modules shall be allowed to return to a [school district, charter school, private or special purpose school not associated with a school district]k-12 public school prior to the time his class graduates with the understanding and expectation that all necessary requirements for the traditional [K]k-12 diploma shall be completed [for a]prior to issuance of a regular high school diploma.

[D.](8) An out-of-school youth of school age who has received a Utah [H]high [S]school completion [D]diploma is not eligible to return to a [K]k-12 [high]public 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 .

[E.](9) The Superintendent shall classify an [An] out-of-school youth of school age who has successfully passed all [five GED Test]HSE exam modules and received a Utah [H]high [S]school [C]completion [D]diploma [shall be reported ]as a graduate for [K]k-12 graduation [A]annual [Y]yearly [P]progress outcomes.

[F.](10) An [I]individual[s, as] who is required by an employer or higher education institution to provide academic competency[, who] and cannot offer proof of high school completion may, upon approval of the [USOE GED Testing Administrator]Superintendent, take [the GED Test]an HSE exam.

[G.](11) An [I]individual[s] who [have]has previously passed [GED Test]HSE exam modules but seek s higher [GED Test]HSE exam scores for specific post-secondary institution admission may seek permission to retake [the GED Test]an HSE exam module[(s)] from the [USOE GED Testing Administrator]Superintendent.

 

R277-702-5. Fees.

[A.](1) The Superintendent, with approval of [T]the Board, [or its designee, ]shall adopt uniform fees for the [General Educational Development Certificate ]Utah high school completion diploma and uniform forms, deadlines, and accounting procedures to administer this program for inclusion with the contract with the contractor identified in accordance with Subsection R277-702-3(1)(a).[as defined by GED Testing Service and Pearson VUE.]

[B.](2) [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.]An approved testing center may only collect a fee in accordance with the amounts and procedures approved pursuant to Subsection (1).

 

R277-702-6. Official Transcripts.

(1) The Board shall accept HSE exam[Test] scores [shall be accepted by the Board ]when an original score[s are] is reported by:

[A.](a) a Board-approved [GED]HSE exam [T]testing [C]center[s];

[B.](b) the [T]transcript service of the Defense Activity for Non-Traditional Educational Support[(DANTES)];

[C.](c) a Veterans Administration hospital[s and] or center[s]; or

[D.](d) [GED Testing Service or]a contractor selected by the Superintendent in accordance with Subsection R277-702-3(1)(a) or the contractor's authorized agent[s].

(2) The Superintendent shall include a candidate's HSE exam result on the candidate's official transcript.

 

R277-702-7. Adult High School Outcomes.

[A.](1) 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 [E]education [S]secondary [D]diploma only if the student was enrolled in an [A]adult [E]education [P]program prior to July 1, 2009 and [the GED was transcripted]an approved HSE exam was transcripted prior to July 1, 2009.

[B.](2) An [I]individual[s] who [have taken]took and passed [the GED Tests]an approved HSE exam prior to January 1, 2002 may enroll in an adult education program now and in the future to obtain an [A]adult [E]education [S]secondary [D]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 Certificate]HSE exam certificate to be converted to a Utah [H]high [S]school [C]completion [D]diploma.

[C.](3) An [I]individual[s] who [have taken]took and passed [the GED Test]an approved HSE exam 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]high [S]school [C]completion [D]diploma to replace the originally issued [GED Test Certificate]HSE exam certificate issued by [from ]the Board or they may enroll in an adult education program to complete the necessary requirements for an [A]adult [E]education [S]secondary [D]diploma.

 

R277-702-8. [ GED Testing ] HSE Exam Security.

[A.](1) The following individuals may have access to the HSE exam:[Access to the GED Test shall be limited to the USOE Administrator of GED Testing]

(a) Board staff approved by the Superintendent;

(b) [state a]Authorized test [GED E]examiners ;[or]

(c) [Pearson VUE test facilitators]A contractor selected pursuant to Subsection R277-702-3(1)(a) and the contractor's agents;[and]

(d) Approved exam candidates during exam administration; or

(e) [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 Administrator.]An individual granted access in writing by the Superintendent.

[B.](2) A[ll] test facilitator[s] shall [conduct GED Test administration]administer an HSE exam 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.]Superintendent and the contractor approved in accordance with Subsection R277-702-3(1)(a).

[C.](3) [Teachers, administrators, and school personnel shall ]School staff members may not:

([1]a) provide a student[s] directly or indirectly with specific questions or answers from any official [GED Test]HSE exam;

([2]b) allow a student[s] access to any testing material, in any form, prior to test administration; or

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

[D.](4) [Intentional violation of any of these rules by licensed educators may subject them ]A licensed educator who intentionally violates this Section R277-702-8 may be subject to disciplinary action under Section 53A-6-501 [or]and R277-515[, Utah Educator Standards, or both].

 

KEY: adult education, educational testing, student competency

Date of Enactment or Last Substantive Amendment: [May 16, 2013]2017

Notice of Continuation: March 12, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(b); 53A-1-401[ (3) ]

 

---