Representative Dan N. Johnson proposes the following substitute bill:




Chief Sponsor: Dan N. Johnson

Senate Sponsor: Chris H. Wilson


8     General Description:
9          This bill makes technical changes to provisions related to civics education graduation
10     requirements.
11     Highlighted Provisions:
12          This bill:
13          ▸     makes a technical change to the definition of basic civics test to reflect changes to the
14     test form used by the United States Citizenship and Immigration Services.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53E-4-205, as last amended by Laws of Utah 2020, Chapter 408

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 53E-4-205 is amended to read:
25          53E-4-205. American civics education initiative.
26          (1) As used in this section:

27          (a) "Adult education program" means an organized educational program below the
28     postsecondary level, other than a regular full-time K-12 secondary education program, provided
29     by an LEA or nonprofit organization that provides the opportunity for an adult to further the
30     adult's high school level education.
31          (b) "Basic civics test" means a test that includes 50 of the [100] questions on the civics
32     test form used by the United States Citizenship and Immigration Services:
33          (i) to determine that an individual applying for United States citizenship meets the basic
34     citizenship skills specified in 8 U.S.C. Sec. 1423; and
35          (ii) in accordance with 8 C.F.R. Sec. 312.2.
36          (2) (a) Except as provided in Subsection (2)(b), the state board shall require:
37          (i) a public school student who graduates on or after January 1, 2016, to pass a basic
38     civics test as a condition for receiving a high school diploma; and
39          (ii) a student enrolled in an adult education program to pass a basic civics test as a
40     condition for receiving an adult education secondary diploma.
41          (b) The state board may require a public school student to pass an alternate assessment
42     instead of a basic civics test if the student qualifies for an alternate assessment, as defined in
43     state board rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
44     Act.
45          (3) An individual who correctly answers a minimum of 35 out of the 50 questions on a
46     basic civics test passes the test and an individual who correctly answers fewer than 35 out of 50
47     questions on a basic civics test does not pass the test.
48          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
49     state board shall make rules that:
50          (a) require an LEA that serves secondary students to administer a basic civics test or
51     alternate assessment to a public school student enrolled in the LEA;
52          (b) require an adult education program provider to administer a basic civics test to an
53     individual who intends to receive an adult education secondary diploma;
54          (c) allow an individual to take a basic civics test as many times as needed in order to
55     pass the test; and
56          (d) for the alternate assessment described in Subsection (2)(b), describe:
57          (i) the content of an alternate assessment;
58          (ii) how a public school student qualifies for an alternate assessment; and

59          (iii) how an LEA determines if a student passes an alternate assessment.