RELATES TO:

KRS 158.135(1)(a), 158.143, 158.6455, 151B.403 164.0064

STATUTORY AUTHORITY:

KRS 151B.403 KRS 164.0064(1)

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 151B.403(1)164.0064(1) requires that the Office of Adult Education (Kentucky Skills U Program) Kentucky Adult Education Program within the Education and Workforce Development Cabinet Council on Postsecondary Education to promulgate administrative regulations to establish programs that, upon successful completion, result in the award of a high school equivalency diploma. KRS 151B.403(2) KRS 164.0064(2) requires that at least one (1) of these programs shall include a test aligned with the College and Career Readiness Standards for Adult Education, or any other standards adopted by the federal Office of Career, Technical, and Adult Education (OCTAE), which upon passing, shall entitle students to receive a high school equivalency diploma. 13 KAR 3:010 identifies the GED® test as the valid means of measuring educational achievement in an adult who is a non-high school graduate and of comparing the adult's competency to that of high school graduates. This administrative regulation establishes the eligibility requirements for taking a High School Equivalency Diploma test as defined in this administrative regulationthe GED® test.

1. Section 1. Definitions.

   1. (1) "GED® Diploma" means the High School Equivalency Diploma required by this administrative regulation.
   2. (2) "Kentucky Skills U" means the adult education program within the Office of Adult Education.
   3. (3) "State agency children" or "state agency child" is defined by KRS 158.135(1)(a).

2. Section 2. Eligibility Requirements. The GED® test shall be administered to an applicant with a Kentucky address who:

   1. (1) Has reached his or her 19th birthday;

   2. (2)

      1. (a) Has reached his or her 18th birthday; and

      2. (b)

         1. 1. Except as established in Section 32 of this administrative regulation, has officially withdrawn from public or private school for at least ninety (90) days as certified by the local school district;
         2. 2. Is committed or placed in an adult correctional facility;
         3. 3. Is enrolled in the Jobs Corps Program of Instruction; or
         4. 4. Is enrolled in a National Guard Youth "ChalleNGe" program; or

   3. (3)

      1. (a) Has reached his or her 17th birthday;
      2. (b) Is considered a state agency child, as defined by KRS 158.135(1)(a); and
      3. (c) Is approved for the GED® test by the local school superintendent.
3. Section 3.Section 2. Superintendent Waiver. The local school superintendent or designee in the district where the applicant currently resides may waive the ninety (90) day school withdrawal provision of Section 21(2)(b)1. of this administrative regulation if necessary due to a deadline for postsecondary enrollment, condition of employment, medical reason, family crisis, or other extenuating circumstances.
4. Section 4.Section 3. Test Readiness. An applicant shall successfully complete and pass an official readiness test with the same passing scores required to pass the GED® test prior to taking the GED® test.

History

(28 Ky.R. 1276; Am. 1637; eff. 1-14-2002; 31 Ky.R. 1897; 32 Ky.R. 103; 263; eff. 8-25-2005; Recodified from 785 KAR 1:130; eff. 9-13-2013; 40 Ky.R. 880; 1393; eff. 1-28-2014; 44 Ky.R. 257, 901; eff. 12-1-2017; 48 Ky.R. 847, 2017; eff. 4-5-2022.)

FILED WITH LRC: December 9, 2021

CONTACT PERSON: Natalie Cummins, GED® Administrator, Office of Adult Education (Kentucky Skills U), 500 Mero Street Mail Stop 5SC, Frankfort, Kentucky 40601; phone 502-892-3021; email Natalie.Cummins@ky.gov.