(1) As used in this section:

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Terms Used In Utah Code 53E-4-205

  • LEA: means :
         (6)(a) a school district;
         (6)(b) a charter school; or
         (6)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State board: means the State Board of Education. See Utah Code 53E-1-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
     (1)(a) “Adult education program” means an organized educational program below the postsecondary level, other than a regular full-time K-12 secondary education program, provided by an LEA or nonprofit organization that provides the opportunity for an adult to further the adult’s high school level education.
     (1)(b) “Basic civics test” means a test that includes 50 of the questions on the civics test form used by the United States Citizenship and Immigration Services:

          (1)(b)(i) to determine that an individual applying for United States citizenship meets the basic citizenship skills specified in 8 U.S.C. § 1423; and
          (1)(b)(ii) in accordance with 8 C.F.R. § 312.2.
(2)

     (2)(a) Except as provided in Subsection (2)(b), the state board shall require:

          (2)(a)(i) a public school student who graduates on or after January 1, 2016, to pass a basic civics test as a condition for receiving a high school diploma; and
          (2)(a)(ii) a student enrolled in an adult education program to pass a basic civics test as a condition for receiving an adult education secondary diploma.
     (2)(b) The state board may require a public school student to pass an alternate assessment instead of a basic civics test if the student qualifies for an alternate assessment, as defined in state board rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) An individual who correctly answers a minimum of 35 out of the 50 questions on a basic civics test passes the test and an individual who correctly answers fewer than 35 out of 50 questions on a basic civics test does not pass the test.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that:

     (4)(a) require an LEA that serves secondary students to administer a basic civics test or alternate assessment to a public school student enrolled in the LEA;
     (4)(b) require an adult education program provider to administer a basic civics test to an individual who intends to receive an adult education secondary diploma;
     (4)(c) allow an individual to take a basic civics test as many times as needed in order to pass the test; and
     (4)(d) for the alternate assessment described in Subsection (2)(b), describe:

          (4)(d)(i) the content of an alternate assessment;
          (4)(d)(ii) how a public school student qualifies for an alternate assessment; and
          (4)(d)(iii) how an LEA determines if a student passes an alternate assessment.