First Substitute H.B. 232

This document includes House Committee Amendments incorporated into the bill on Thu, Feb 24, 2005 at 12:17 PM by ddonat. -->

Representative Paul Ray proposes the following substitute bill:

1 UTAH BASIC SKILLS COMPETENCY TEST
2 ALTERNATIVES
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Paul Ray
6
7 LONG TITLE
8 General Description:
9 This bill allows alternatives and exemptions to the requirement of passing the Utah
10 Basic Skills Competency Test in order to receive a basic high school diploma.
11 Highlighted Provisions:
12 This bill:
13 . allows H. [ special education and ] .H certain adult education students to pass an
13a alternative
14 assessment of competency approved by the State Board of Education in lieu of the
15 Utah Basic Skills Competency Test in order to receive a basic high school diploma;
16 . exempts certain students from the requirement of passing the Utah Basic Skills
17 Competency Test in order to receive a basic high school diploma; and
18 . makes technical corrections.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 53A-1-602, as last amended by Chapter 7, Laws of Utah 2002, Sixth Special Session

26 53A-1-611, as last amended by Chapter 7, Laws of Utah 2002, Fifth Special Session
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53A-1-602 is amended to read:
30 53A-1-602. Definitions.
31 As used in this part:
32 (1) "Achievement test" means a standardized test which measures or attempts to
33 measure the level of performance which a student has attained in one or more courses of study.
34 Achievement tests shall include norm-referenced and criterion-referenced tests.
35 (2) "Basic skills course" means a subject which requires mastery of specific functions,
36 as defined under rules made by the State Board of Education, to include reading, language arts,
37 mathematics through geometry, science, in grades 4 through 12, and effectiveness of written
38 expression.
39 (3) "Utah Performance Assessment System for Students" or "U-PASS" means:
40 (a) systematic norm-referenced achievement testing of all students in grades 3, 5, 8,
41 and 11 required by this part in all schools within each school district by means of tests
42 designated by the State Board of Education;
43 (b) criterion-referenced achievement testing of students in all grade levels in basic
44 skills courses;
45 (c) beginning with the 2001-02 school year, a direct writing assessment in grades 6 and
46 9;
47 (d) beginning with the 2003-04 school year, a tenth grade basic skills competency test
48 as detailed in Section 53A-1-611 ; [and]
49 (e) beginning with the 2006-07 school year, an alternative assessment of competency
50 as described in Section 53A-1-611 ; and
51 [(e)] (f) beginning with the 2002-03 school year, the use of student behavior indicators
52 in assessing student performance.
53 Section 2. Section 53A-1-611 is amended to read:
54 53A-1-611. Standards and assessment processes to measure student performance
55 -- Basic skills competency test.
56 (1) The Legislature recognizes the need for the State Board of Education to develop

57 and implement standards and assessment processes to ensure that student progress is measured
58 and that school boards and school personnel are accountable.
59 (2) (a) In addition to its responsibilities under Sections 53A-1-603 through 53A-1-605 ,
60 the State Board of Education, through the state superintendent of public instruction, shall
61 design a basic skills competency test and approve an alternative assessment of competency to
62 be administered in the tenth grade.
63 (b) An alternative assessment of competency provided for in this section may be taken
64 in lieu of the basic skills competency test by H. [ :
65 (i) a student with a disability, as determined pursuant to Title 53A, Chapter 15, Part 3,
66 Education of Children with Disabilities; and
67 (ii) ] .H an adult education student, as determined pursuant to Title 53A, Chapter 15, Part 4,
68 Adult Education, whose class graduated after 2006.
69 [(b) A] (c) Unless exempted under Subsection (2)(d), a student [must] shall pass the
70 basic skills competency test or alternative assessment of competency, as provided in
71 Subsection (2)(b), in addition to the established requirements of the state and local board of
72 education of the district in which the student attends school, in order to receive a basic high
73 school diploma of graduation.
74 (d) The following students may receive a basic high school diploma of graduation
75 without passing the basic skills competency test or alternative assessment of competency
76 required under this section:
77 (i) a student who has passed a comparable test in another state that is approved by
78 board rule;
79 (ii) a student who moves into this state from another state if the student shall have less
80 than two opportunities to pass the basic skills competency test or alternative assessment of
81 competency;
82 (iii) an adult education student, as determined pursuant to Title 53A, Chapter 15, Part
83 4, Adult Education, whose class graduated before 2006; and
84 (iv) a student who has passed the general educational development test (GED).
85 [(c)] (e) The state board shall include in the test, at a minimum, components on English
86 language arts and reading and mathematics.
87 [(d)] (f) A student who fails to pass all components of the test may not receive a basic

88 high school diploma but may receive a certificate of completion or alternative completion
89 diploma under rules made by the State Board of Education in accordance with Title 63,
90 Chapter 46a, Utah Administrative Rulemaking Act.
91 [(e)] (g) The state board shall make rules:
92 (i) to allow students who initially fail the test to retake all or part of the test; [and]
93 (ii) that take into account and are consistent with federal law relating to students with
94 disabilities in the administration of the test[.];
95 (iii) establishing standards and procedures for a student requesting to take the
96 alternative assessment of competency rather than the basic skills competency test pursuant to
97 Subsection (2)(b); and
98 (iv) approving comparable tests from other states pursuant to Subsection (2)(d)(i).
99 (3) The state board shall implement:
100 (a) the tenth grade basic skills competency test, no later than the beginning of the
101 2003-04 school year[.]; and
102 (b) the alternative assessment of competency no later than the 2006-07 school year.
103 (4) The requirements of this section are to be complementary to the other achievement
104 testing provisions of this part.