(1) As used in this section: (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. (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: (i) to determine that an individual applying for United States citizenship meets the basic citizenship skills specified in 8 U.S.C. Sec. 1423; and (ii) in accordance with 8 C.F.R. Sec. 312.2. (2) The state board shall require a student enrolled in an adult education program to pass a basic civics test as a condition for receiving an adult education secondary diploma. (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: (a) require an adult education program provider to administer a basic civics test to an individual who intends to receive an adult education secondary diploma; and (b) allow an individual to take a basic civics test as many times as needed in order to pass the test.
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