H.B. 77

1

HIGH SCHOOL DIPLOMA AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kory M. Holdaway
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the State System of Public Education Code regarding
10 high school and adult education diplomas.
11 Highlighted Provisions:
12 This bill:
13 . allows a student who fails to pass all subtests of the basic skills competency test to
14 appeal the student's ineligibility for a basic high school diploma;
15 . requires the State Board of Education to make rules establishing an appeals process
16 and indicators of student achievement that may substitute for passing scores on the
17 basic skills competency test;
18 . exempts adult education students who receive an adult education diploma from
19 taking and passing the basic skills competency test; and
20 . authorizes the State Board of Education in cooperation with school districts and the
21 State Board of Regents to provide for a distinguished diploma.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 53A-1-611, as last amended by Chapter 7, Laws of Utah 2002, Fifth Special Session
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53A-1-611 is amended to read:
32 53A-1-611. Standards and assessment processes to measure student performance
33 -- Basic skills competency test -- Appeal of ineligibility for basic high school diploma --
34 Exemption for adult education diploma -- Distinguished diploma.
35 (1) The Legislature recognizes the need for the State Board of Education to develop
36 and implement standards and assessment processes to ensure that student progress is measured
37 and that school boards and school personnel are accountable.
38 (2) (a) In addition to its responsibilities under Sections 53A-1-603 through 53A-1-605 ,
39 the State Board of Education, through the state superintendent of public instruction, shall
40 design a basic skills competency test to be administered in the tenth grade.
41 (b) A student must pass the basic skills competency test, in addition to the established
42 requirements of the state and local board of education of the district in which the student
43 attends school, in order to receive a basic high school diploma of graduation.
44 (c) The state board shall include in the test, at a minimum, components on English
45 language arts and reading and mathematics.
46 (d) [A] (i) Except as provided in Subsection (2)(d)(ii), a student who fails to pass all
47 components of the test may not receive a basic high school diploma but may receive a
48 certificate of completion or alternative completion diploma under rules made by the State
49 Board of Education in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
50 Act.
51 (ii) Beginning with the graduating class of 2008, a student who fails to pass all
52 components of the basic skills competency test may receive a basic high school diploma as
53 provided by rules of the State Board of Education made in accordance with Subsection (4) that
54 allow an appeal of a student's ineligibility for a basic high school diploma.
55 (e) The state board shall make rules:
56 (i) to allow students who initially fail the test to retake all or part of the test; and
57 (ii) that take into account and are consistent with federal law relating to students with
58 disabilities in the administration of the test.

59 (3) The state board shall implement the tenth grade basic skills competency test, no
60 later than the beginning of the 2003-04 school year.
61 (4) (a) The state board shall make rules that allow a student who fails to pass all
62 components of the basic skills competency test to appeal the student's ineligibility for a basic
63 high school diploma.
64 (b) The rules shall establish:
65 (i) timelines for filing an appeal and rendering a decision;
66 (ii) the number of attempts at passing the basic skills competency test a student must
67 take prior to filing an appeal; and
68 (iii) indicators of student achievement that may substitute for passing scores on the
69 basic skills competency test.
70 (c) The rules may include any or all of the following requirements or other criteria for
71 awarding a basic high school diploma to a student following an appeal:
72 (i) enrollment by the student in the public school in the semester before anticipated
73 graduation;
74 (ii) participation in remediation opportunities available to the student;
75 (iii) a cumulative student grade point average that reflects above average student
76 achievement;
77 (iv) consistent school attendance;
78 (v) failure by narrow margins of subtests of the basic skills competency test;
79 (vi) senior year enrollment in courses that are parallel to subjects covered by the basic
80 skills competency test;
81 (vii) a letter of recommendation from a school committee or teachers that documents
82 student achievement in the basic skills competency test subject areas;
83 (viii) documentation of above average scores on more than one criterion-referenced test
84 consistent with basic skills competency test subject areas;
85 (ix) adequate scores on the Utah Alternative Language Performance Assessment; and
86 (x) successful completion of graduation requirements and assessment consistent with
87 the student's Individual Education Plan.
88 (5) Adult education students who receive adult education diplomas shall be exempt
89 from taking and passing the basic skills competency test.

90 (6) The State Board of Education in cooperation with school districts and the State
91 Board of Regents may provide for a distinguished diploma.
92 [(4)] (7) The requirements of this section are to be complementary to the other
93 achievement testing provisions of this part.




Legislative Review Note
as of 12-7-06 9:54 AM

Office of Legislative Research and General Counsel