R277-702-4. Eligibility for HSE Testing

  (1) Any individual may take a Utah HSE exam regardless of:

  (a) race;

  (b) color;

  (c) national origin;

  (d) gender;

  (e) disability; or

  (f) state of residency.

  (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.

  (3) A 16-year-old candidate shall submit a completed state of Utah HSE Exam Application for 16-18 Year Old Non-Graduates, which shall include:

  (a) verification in a manner approved by the Superintendent that the candidate is not enrolled in a school;

  (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 an HSE exam; and

  (c) signed acknowledgment 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) authorize the candidate to take an HSE exam; and

  (d) verification from a representative of a Utah state-sponsored adult education district program that the candidate demonstrates academic competencies to meet with success in passing the HSE exam.

  (4) A 16 year-old candidate may provide a marriage certificate in lieu of the requirement of Subsection (3)(c) if the candidate is married.

  (5) A 17 or 18 year-old candidate whose cohort has not graduated shall submit a state of Utah HSE exam Application for 16-18 Year Old Non-Graduates, which shall include:

  (a) verification in a manner approved by the Superintendent that the candidate is not enrolled in school; and

  (b) the signature of the candidate's parent or guardian authorizing the test.

  (6) A candidate may submit a marriage certificate in lieu of the requirement contained in Subsection (5)(b) if the candidate is married.

  (7) An out-of-school youth of school age who has not successfully passed all HSE exam modules shall be allowed to return to a k-12 public school 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 prior to issuance of a regular high school diploma.

  (8) 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 public school unless it is required for provision of a free appropriate public education under the Individuals with Disabilities Education Act, 20 U.S.C., Chapter 33.

  (9) The Superintendent shall classify an out-of-school youth of school age who has successfully passed all HSE exam modules and received a Utah high school completion diploma as a graduate for k-12 graduation annual yearly progress outcomes.

  (10) An individual who is required by an employer or higher education institution to provide academic competency and cannot offer proof of high school completion may, upon approval of the Superintendent, take an HSE exam.

  (11) An individual who has previously passed HSE exam modules but seeks higher HSE exam scores for specific post-secondary institution admission may seek permission to retake an HSE exam module from the Superintendent.