As in effect on June 1, 2008
A. Utah Basic Skills Competency Test (UBSCT) means the test required under Section 53A-1-611 for Utah students seeking a high school diploma.
B. "Private school" means a school that is not a public school but:
(1) has a location or space in Utah where teachers have regularly scheduled face-to-face classes with students;
(2) has a current business license through the Utah Department of Commerce;
(3) is accredited through Northwest or another regional accrediting agency;
(4) has and makes available a written policy for maintaining and securing student records;
(5) charges tuition generally consistent with other private schools in Utah; and
(6) employs teachers with licenses, credentials or demonstrable skills and expertise for instructing students in Core Curriculum courses or areas.
C. "Home school student" means a student who has been excused from compulsory education and for whom documentation has been completed under 53A-11-102.
D. "Public school achievement test" means a standardized test which measures or attempts to measure the level of performance which a student has attained in one or more courses of study. Achievement tests shall mean criterion-referenced tests consistent with 53A-1-602(3)(b)(c) and (d).
A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, and Section 53A-1-603(1)(a) which directs the Board to require school districts to implement the Utah Performance Assessment System for Students.
B. The purpose of this rule is:
(1) to provide opportunities for Utah private school students and home school students who are Utah residents, and Utah students attending BIA schools to participate in U-PASS;
(2) to maintain the integrity and security of U-PASS;
(3) to provide an orderly and manageable administrative process for public schools to include Utah private school students and home school students who are Utah residents, and Utah students attending BIA schools to participate in U-PASS if they so desire; and
(4) to protect the public investment in U-PASS by making assessments available to students who are not funded by the public education system through fair, reasonable, and consistent practices.
A. Private school students who are Utah residents, as defined under 53A-2-201, may be allowed to participate in U-PASS.
B. Private school students who are not Utah residents may participate in U-PASS only by payment in advance of the full cost of individual assessments as determined by local board policy.
C. Private schools that are interested in participating in U-PASS may, at the public school district's discretion, do so only in the public school district in which the private school is located.
(1) School districts shall determine at which public schools within the district private school students may take achievement tests.
(2) A private school may request from the school district in which the private school is located an annual schedule of U-PASS dates, the locations at which private schools may be tested and written policies for private school student participation. An annual U-PASS schedule may be available online on school district websites.
D. School district policies shall include:
(1) reasonable costs for the participation of Utah private school students in U-PASS to be paid in advance by either the student or the school;
(2) an explanation of reasonable costs including costs for materials, scoring, reporting, and any state-related costs as determined by the state, to be passed on to the state. School district administration costs, determined by local boards, shall remain in the district.
(3) notice to private school administrators of any required private school administrator participation in monitoring or proctoring of tests;
(4) reasonable time lines for private school requests for participation and school district/school response;
(5) limits, if any, of numbers of non-public students that can be accommodated by the public school for all tests; and
(6) written notice to private schools of testing rules, including required identification for staff and students of implements or materials that private schools or private school students may or may not bring or use for each test.
A. Home school students who are Utah residents, as defined under 53A-2-201, shall be allowed to participate in U-PASS as provided in this rule.
B. Home school students shall be allowed to participate in U-PASS only if they have satisfied the home schooling requirements of 53A-11-102.
C. Home school student participation:
(1) Elementary-age home school students who desire to participate in U-PASS may do so only in the public school district in which the home school student's parent/legal guardian resides.
(2) Secondary home school students who desire to participate in U-PASS may do so only in the public school district in which the home school student's parent/legal guardian resides only if the student is enrolled in one or more Core program(s) or course(s) at the resident public school.
(3) School districts shall determine at which public school(s) within the district qualifying home school students may take achievement tests.
(4) A home school student/parent may request from the school district in which the home school student/parent resides an annual schedule of U-PASS dates, the locations at which home school students may be tested and written policies for home school student participation.
D. School district policies shall include:
(1) any costs required from traditional students.
(2) notice to home school students/parents of any required parent/adult participation in monitoring or proctoring of tests;
(3) reasonable time lines for home school requests for participation and school district/school response;
(4) limits, if any, of numbers of non-public students that can be accommodated by the public school for all tests; and
(5) written notice to home school students/parents of testing rules, including required identification and proof of residency for adults and students and implements or materials that home school students may or may not bring or use for each test.
E. The USOE shall absorb the costs for testing qualifying (enrolled in one or more Core program(s) or course(s) at the public school) home school students unless or until the number of home school students requesting testing in all districts exceeds two percent of the public education students enrolled in the state.
A. EHS students may participate in testing in the school district and school of residence, consistent with Section 53A-2-201, if:
(1) the student has been enrolled in EHS by the school counselor consistent with the student's SEOP; and
(2) the student has met all requirements and standards for Utah home school students.
B. The USOE shall absorb the costs for testing of Utah EHS students until and unless the number of EHS students exceeds two percent of the number of traditionally enrolled Utah public school students.
A. BIA school administrators shall be responsible to meet all U-PASS requirements for all Utah students.
B. Materials and training shall be provided to BIA schools from the public school district in which the school is located on the schedule that applies to Utah school districts.
C. BIA school administrators shall be notified of all information and training by the public school district in which the school is located.
home school, private school, electronic high school, achievement tests
November 9, 2006
Art X Sec 3; 53A-1-401(3); 53A-1-603(1)(a)
Rule converted into HTML by the Division of Administrative Rules.
For questions regarding the content or application of rules under Title R277, please contact the promulgating agency (Education, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html.
For questions about the rulemaking process, please contact the Division of Administrative (801-538-3764). Please Note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.
The HTML version of this rule is a convenience copy. This information is made available on the Internet as a public service. Please see this disclaimer about information available from www.rules.utah.gov.