Fail the basic skills test for high school graduation, no diploma for you.

Or fail the test, and be able to appeal it so you're more likely to get a diploma than you are now.

Those two competing concepts are being put into legislation.

The first is requested by Sen. Howard Stephenson, R-Draper; the latter, by Rep. Kory Holdaway, R-Taylorsville.

Right now, students who attempt the Utah Basic Skills Competency Test's reading, math and writing tests at least three times still can get a high school diploma, but with one saying they didn't pass the test. Those who pass will have a diploma saying so.

But that's caused some controversy on Capitol Hill.

The law establishing the UBSCT in 1999 says students can receive an alternative completion diploma under rules adopted by the state school board.

The word "alternative" created problems last fall when college and public school leaders feared it could block students from receiving federal financial aid for college.

And not everyone has liked what the state board is doing.

Stephenson said the law is intended to be all or nothing under the U-PASS school accountability law, which he sponsored in 2000. He said the State Board of Education is setting up contrary rules.

Stephenson's proposal would make it so students either pass — they still can try the test up to five times, starting in their sophomore year — or get a certificate of completion. Those receiving such certificates could keep trying the UBSCT after they've exited high school in order to get their full diploma.

The proposal would mean as many as 3,700 students in the class of 2006 — roughly the number of students still failing the math test, according to a spring report from the State Office of Education — would have received certificates of completion instead of diplomas. Just under 1,900 of those students had disabilities, and 1,185 had limited English skills. Some students fit both categories.

"This is tough love," Stephenson said. "We intend for students to be competent when they receive a Utah high school diploma, that a Utah high school diploma actually indicates a level of academic performance and possession of basic skills."

But Carol Lear, director of school law and legislation for the State Office of Education, believes any such law would have to be delayed a few years to give parents and kids enough heads up that the test's stakes have been raised. She also notes Utah has no funded remediation or appeals process for those failing the test.

Letting adults go back and take the UBSCT doesn't work, Lear said. Adults would have to come into a public school to take the test during the day with the other students, and the state has issues of older people mixing in with teenagers.