ut-20261001-R277-702: R277-702. Procedures for the Utah High School Completion Diploma

1. Agency Information

Title catchline: Education, Administration Building: Board of Education Street address: 250 E 500 S City, state: Salt Lake City, UT 84111 Mailing address: PO Box 144200 City, state and zip: Salt Lake City, UT 84114-4200

2. Contact Persons

Name: Phone: Email: Ben Rasmussen 801-538-7992 ben.rasmussen@schools.utah.gov Please address questions regarding information on this notice to the persons listed above.

A. Rule or section catchline:

R277-702. Procedures for the Utah High School Completion Diploma

B. Purpose of the new rule or reason for the change:

The amendments are needed to clarify the requirements for students taking the High School Equivalency (HSE) exam.

C. Summary of the new rule or change:

The amendments specifically update Section R277-702-4, Eligibility for HSE Testing, to clarify when non-resident students can take a high school equivalency exam in Utah and to clarify when Utah residents can complete a high school equivalency exam online. In addition, the amendments remove an oversight Category 2 from this rule. UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 113 NOTICES OF PROPOSED RULES 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule change is not expected to have fiscal impact on state government revenues or expenditures. The amendments remove the oversight Category 2 designation and update Section R277-702-4 to clarify when non-resident students can take a high school equivalency exam in Utah and when Utah residents can complete the exam online. Because these modifications merely clarify residency and testing modalities without creating new state-level programs, changing funding mechanisms, or requiring additional state personnel, there are no incremental costs or savings associated with this rule change for the state budget.

B. Local governments:

This rule change is not expected to have fiscal impact on local governments' revenues or expenditures. This rule updates Section R277-702-4, Eligibility for HSE Testing, allowing any individual to take the Utah HSE exam at an in- person testing center in Utah regardless of residency, and permitting Utah residents to take an online proctored exam if they are working with a Utah State Board of Education (USBE) sponsored prep center or cannot access in-person testing due to unique circumstances. Because these adjustments strictly expand eligibility and testing access options for individual candidates and do not mandate new administrative actions, facilities, or unbudgeted expenditures from Local Education Agencies (LEAs), there are no incremental costs or savings to local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule change is not expected to have fiscal impact on small businesses' revenues or expenditures. This rule strictly governs candidate eligibility criteria and procedures for the Utah High School Completion Diploma. Because the amendments do not interact with, mandate services from, or regulate small businesses, there are no incremental costs or savings to small businesses.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (NAICS) 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impact on non-small businesses', revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of, or generate revenue for non-small businesses. E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): This rule change is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities. The amendments clarify that non-residents may take an HSE exam at in-person testing centers in Utah, and that Utah residents may take an online proctored exam under specific conditions. While this provides more flexible access to testing for individual candidates, it does not alter the underlying, uniform fees for the Utah high school completion diploma as adopted by the Superintendent. Because this rule does not impose new financial burdens or reduce existing fees on individuals or non-governmental entities as a class, there are no incremental costs or savings. This rule change is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities. 114 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES

F. Compliance costs for affected persons:

There are no compliance costs for affected persons. This rule updates the eligibility pathways for individuals seeking to take an HSE exam, specifically regarding online testing and non-resident in-person testing. Because these updates expand options rather than imposing new mandatory financial fees, fines, or out-of-pocket compliance expenses on candidates seeking testing, there are no compliance costs for affected persons. 6. Regulatory Impact Summary Table Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Cost $0 $0 $0 $0 $0 Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits $0 $0 $0 $0 $0 7. Regulatory Impact Analysis Approval The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis. 8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒ 9. Citation Information Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement: Utah Constitution, Article X, SectioSubsection 53E-3-501(1)(b) Section 53E-3-401 11. Public Notice Information The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until: 11/02/2026

12. Effective Date Information This rule change MAY become effective on: 11/09/2026 (NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date) UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 115 NOTICES OF PROPOSED RULES 13. Agency Authorization Information Agency head or Ben Rasmussen, Director of Policy Date: 09/15/2026 designee and title: R277. Education,Administration. R277-702. Procedures for the Utah High School Completion Diploma. R277-702-1. Authority[,] and Purpose[, and Oversight Category]. (1) This rule is authorized by: (a) Utah ConstitutionArticle X, Section 3, which vests general control and supervision of public education in the Board; (b) Subsection 53E-3-501(1)(b), which directs the Board to adopt rules regarding access to programs, competency levels, and graduation requirements; and (c) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah constitution and state law. (2) The purpose of this rule is to describe the standards and procedures required for an individual to obtain a Utah High School Completion Diploma. [ (3) This Rule R277-702 is categorized as Category 2 as described in Rule R277-111.] R277-702-2. Definitions. (1) "High school equivalency exam" or "HSE exam" means a Board approved examination whose test modules are aligned with: (a) current high school core standards; and (b) the college and career readiness standards for adult education. (2) "Out-of-school youth" means an individual 16 to 19 years of age whose high school cohort has not graduated and who is no longer enrolled in a K-12 program of instruction. (3) "Utah high school completion diploma" means a completion diploma issued by the Board and distributed by a Board-approved contractor, to an individual who has passed all subject modules of the HSE exam at a Utah HSE exam testing center. R277-702-3. Administrative Procedures and Standards for Testing and Certification. (1)(a) The Superintendent shall contract with a third party contractor in accordance with state procurement law to administer HSE exams in the state. (b) The Superintendent may contract with public non-profit institutions within the state to administer HSE exams and provide related testing services. (c) The Superintendent shall determine the number and location of the institutions designated as testing centers in a manner that ensures that the test is reasonably accessible to potential applicants. (d) The Superintendent shall develop requirements for HSE exam testing centers in conjunction with the contractor approved in accordance with Subsection (1)(a). (2) The Superintendent shall develop minimum scores required for passing an HSE exam in conjunction with a vendor chosen in accordance with Subsection (1)(a). (3) The Superintendent shall award a diploma to a candidate who receives a passing score on an HSE exam. R277-702-4. Eligibility for HSE Testing. (1)(a) Any individual may take a Utah HSE exam at an in-person testing center in Utah regardless of state of residency. (b) AUtah resident may take an online proctored exam if: (i) the student is actively working with a USBE sponsored prep center; or (ii) the student cannot access in-person testing due to geography, disability, or other unique circumstances. (2) Acandidate for the HSE exam: (a) shall be at least 16 years of age when of registration for the exam; and (b) may not be enrolled in any Utah k-12 school unless enrolled in the Focused Graduation Pathway as described in Rule R277-722. (3) A16-year-old candidate shall submit a completed state of Utah HSE Candidate andAdult Education Eligibility Form, which shall include: (a) verification in a manner approved by the Superintendent that the candidate is not enrolled in a school; (b) verification that the candidate understands and accepts the consequences and educational choices associated with the candidate's withdrawal from a K-12 program of instruction, including the prohibition from returning to a K-12 program anywhere in Utah upon successful passing of an HSE exam; and (c) signed acknowledgment from the candidate's parent or guardian specifically stating that the candidate and parent or guardian: (i) understand and accept the consequences and educational choices associated with the candidate's decision to withdraw from a K- 12 program of instruction; and (ii) authorize the candidate to take an HSE exam; and (d) verification from a representative of a Utah state-sponsored adult education district program that the candidate demonstrates academic competencies to meet with success in passing the HSE exam. (4) Astudent enrolled in the Focused Graduation Pathway as described in Rule R277-722 may take a Utah HSE exam while enrolled in any participating Utah K-12 school and does not need to submit a completed state of Utah HSE Candidate and Adult Education Eligibility Form. 116 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES (5) A 16 year-old candidate may provide a marriage certificate in lieu of the requirement of Subsection (3)(c) if the candidate is married. (6) A 17 or 18 year-old candidate whose cohort has not graduated shall submit a state of Utah HSE Candidate and Adult Education Eligibility Form, which shall include: (a) verification in a manner approved by the Superintendent that the candidate is not enrolled in school; and (b) the signature of the candidate's parent or guardian authorizing the test. (7) Acandidate may submit a marriage certificate in lieu of the requirement contained in Subsection (5)(b) if the candidate is married. (8) An out-of-school youth of school age who has not successfully passed all HSE exam modules shall be allowed to return to a k- 12 public school before the time their class graduates with the understanding and expectation that all necessary requirements for the traditional k-12 diploma shall be completed before issuance of a regular high school diploma. (9) An out-of-school youth of school age who has received a Utah high school completion diploma is not eligible to return to a k-12 public school unless it is required for provision of a free appropriate public education under the Individuals with Disabilities EducationAct, 20 U.S.C., Chapter 33. R277-702-5. Fees. (1) The Superintendent, with approval of the Board, shall adopt uniform fees for the Utah high school completion diploma and uniform forms, deadlines, and accounting procedures to administer this program for inclusion with the contract with the contractor identified in accordance with Subsection R277-702-3(1)(a). (2) AnapprovedtestingcentermayonlycollectafeeinaccordancewiththeamountsandproceduresapprovedpursuanttoSubsection (1). R277-702-6. Official Transcripts. (1) The Board shall accept HSE exam scores when an original score is reported by: (a) a Board-approved HSE exam testing center; (b) the transcript service of the DefenseActivity for Non-Traditional Educational Support; (c) a VeteransAdministration hospital or center; or (d) a contractor selected by the Superintendent in accordance with Subsection R277-702-3(1)(a) or the contractor's authorized agent. (2) The Superintendent shall include a candidate's HSE exam result on the candidate's official transcript. R277-702-7. Adult High School Outcomes. (1) Alocal board of education may adopt standards and procedures for awarding up to five units of credit on the basis of test results which may be applied toward an adult education secondary diploma only if the student was enrolled in an adult education program before July 1, 2009 and an approved HSE exam was transcripted before July 1, 2009. (2) An individual who took and passed an approved HSE exam before January 1, 2002 may enroll in an adult education program now and in the future to obtain an adult education secondary diploma upon completion of graduation requirements as defined in Rule 277-733, but may not apply for a previously issued HSE exam certificate to be converted to a Utah high school completion diploma. (3) An individual who took and passed an approved HSE exam in the state of Utah between the dates of January 1, 2002 and June 30, 2009 may apply for a Utah high school completion diploma to replace the originally issued HSE exam certificate issued by the Board or they may enroll in an adult education program to complete the necessary requirements for an adult education secondary diploma. R277-702-8. HSE Exam Security. (1) The following individuals may have access to the HSE exam: (a) Board staff approved by the Superintendent; (b) Authorized test examiners; (c) Acontractor selected pursuant to Subsection R277-702-3(1)(a) and the contractor's agents; (d) Approved exam candidates during exam administration; or (e) An individual granted access in writing by the Superintendent. (2) AtestfacilitatorshalladministeranHSEexaminstrictaccordancewithproceduresandguidelinesspecifiedbytheSuperintendent and the contractor approved in accordance with Subsection R277-702-3(1)(a). (3) School staff members may not: (a) provide a student directly or indirectly with specific questions or answers from any official HSE exam; (b) allow a student access to any testing material, in any form, before test administration; or (c) knowingly and intentionally do anything that would inappropriately affect the security, validity, or reliability of an exam score of any individual student or group taking an HSE exam. (4) Alicensed educator who intentionally violates this Section R277-702-8 may be subject to disciplinary action under Section 53E- 6-604 and Rule R277-217. KEY: adult education, educational testing, student competency Date of Last Change: 2026[February 7, 2025] Notice of Continuation: September 3, 2026 Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(b); 53E-3-401 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 117 NOTICES OF PROPOSED RULES NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: Repeal Filing ID: 58246