First Substitute H.B. 207

Representative Kory M. Holdaway proposes the following substitute bill:

1 CONCURRENT ENROLLMENT AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kory M. Holdaway
5 Senate Sponsor: Margaret Dayton
6
7 LONG TITLE
8 General Description:
9 This bill modifies concurrent enrollment programs provisions.
10 Highlighted Provisions:
11 This bill:
12 . modifies requirements governing concurrent enrollment programs and courses;
13 . modifies the distribution of concurrent enrollment appropriations;
14 . requires the State Board of Regents to annually report to the Higher Education
15 Appropriations Subcommittee on concurrent enrollment participation and growth;
16 and
17 . makes technical corrections.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53A-15-101, as last amended by Laws of Utah 2007, Chapter 368
25 53A-17a-120.5, as enacted by Laws of Utah 2007, Chapter 368

26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53A-15-101 is amended to read:
29 53A-15-101. Higher education courses in the public schools -- Cooperation
30 between public and higher education.
31 (1) The State Board of Education in collaboration with the State Board of Regents shall
32 implement:
33 (a) a curriculum program and delivery system which allows students the option to
34 complete high school graduation requirements and prepares them to meet college admission
35 requirements at the conclusion of the eleventh grade, but does not preclude a student involved
36 in accelerated learning programs from graduating at an earlier time;
37 (b) a program of selected college credit courses in general and career and technical
38 education which would be made available in cooperation with the State Board of Regents, as
39 resources allow, through concurrent enrollment with one or more of the state's institutions of
40 higher education;
41 (c) a course of study for a student who decides to continue on through the twelfth grade
42 that would allow the student to take courses necessary to graduate from high school, and at the
43 student's option, to become better prepared for the world of work, or complete selected college
44 level courses corresponding to the first and second year of course work at a university, college,
45 or community college in the state system of higher education; and
46 (d) a program for advanced placement which permits students to earn high school
47 credits while qualifying to take advanced placement examinations for college credit.
48 (2) The delivery system and curriculum program shall be designed and implemented to
49 take full advantage of the most current available educational technology.
50 (3) The State Board of Regents shall adopt rules to ensure the following:
51 (a) early high school graduates who are academically prepared and meet college
52 admission requirements may be enrolled in one of the state's institutions of higher education;
53 (b) college credit courses are taught in high school concurrent enrollment or advanced
54 placement programs by college or university faculty or public school educators under the
55 following conditions:
56 (i) public school educators in concurrent enrollment programs must first be approved

57 as adjunct faculty and supervised by a state institution of higher education;
58 (ii) teaching is done through live classroom instruction or telecommunications; [and]
59 (iii) collaboration among institutions to provide opportunities for general education and
60 high demand career and technical education concurrent enrollment courses to be offered
61 statewide, including via technology; and
62 [(iii)] (iv) course content, procedures, and teaching materials in concurrent enrollment
63 programs are approved by the appropriate department or program at an institution of higher
64 education in order to ensure quality and comparability with courses offered on college and
65 university campuses; and
66 (c) college credits obtained under this section shall be accepted for transfer of credit
67 purposes as if they had been obtained at any public institution of higher education within the
68 state system.
69 (4) College-level courses taught in the high school carry the same credit hour value as
70 when taught on a college or university campus and apply toward graduation on the same basis
71 as courses taught at an institution of higher education to which the credits are submitted.
72 (5) The State Board of Education shall provide students in the public schools with the
73 option of accelerating their educational program and graduating at the conclusion of the
74 eleventh grade.
75 (6) (a) The State Board of Education and State Board of Regents shall work in close
76 cooperation in developing, implementing, and evaluating the program established under this
77 section.
78 (b) (i) Each high school shall receive its proportional share of concurrent enrollment
79 monies appropriated or allocated pursuant to Section 53A-17a-120.5 based upon the hours of
80 higher education course work undertaken by students at the school under Subsections (1)(b)
81 and (1)(c) as compared to the state total.
82 (ii) School districts shall contract with institutions of higher education to provide the
83 higher education services required under this section.
84 (iii) (A) Higher education tuition and fees may not be charged for participation in this
85 program, except that each institution within the state's higher education system may charge a
86 one-time per student per institution admissions application fee for concurrent enrollment
87 course credit offered by the institution.

88 (B) Payment of the fee under Subsection (6)(b)(iii)(A) satisfies the general admissions
89 application fee requirement for a full-time or part-time student at an institution so that no
90 additional admissions application fee may be charged by the institution.
91 Section 2. Section 53A-17a-120.5 is amended to read:
92 53A-17a-120.5. Appropriation for concurrent enrollment.
93 (1) Money appropriated to the State Board of Education in Section 53A-17a-104 for
94 concurrent enrollment shall be allocated as follows:
95 (a) for courses that are taught by public school educators:
96 [(a)] (i) 60% of the monies shall be allocated to local school boards and charter
97 schools; and
98 (ii) 40% of the monies shall be allocated to the State Board of Regents; and
99 (b) for courses that are taught by college or university faculty:
100 (i) 40% of the monies shall be allocated to local school boards and charter schools; and
101 [(b) 40%] (ii) 60% of the monies shall be allocated to the State Board of Regents.
102 (2) The State Board of Education shall make rules providing that a school participating
103 in the concurrent enrollment programs offered under Section 53A-15-101 shall receive an
104 allocation from the monies described in Subsection (1)[(a)] as provided in Section 53A-15-101 .
105 (3) The State Board of Regents shall make rules providing that an institution of higher
106 education participating in the concurrent enrollment programs offered under Section
107 53A-15-101 shall receive an allocation from the monies described in Subsection (1)[(b)] as
108 provided in the rules.
109 (4) Each year the Legislature shall increase the money appropriated to the State Board
110 of Education in Section 53A-17a-104 for concurrent enrollment based on:
111 (a) enrollment growth in concurrent enrollment from additional students enrolled,
112 courses offered, and credit hours taken; and
113 (b) the percentage increase in the value of the weighted pupil unit.
114 (5) (a) The State Board of Education and the State Board of Regents shall annually
115 report to the Public Education Appropriations Subcommittee:
116 [(a)] (i) an accounting of the money appropriated for concurrent enrollment; and
117 [(b)] (ii) a justification of the split described in Subsections (1)(a) and (b).
118 (b) The State Board of Regents shall annually report to the Higher Education

119 Appropriations Subcommittee on concurrent enrollment participation and growth, including
120 data on what higher education tuition would have been charged for the hours of concurrent
121 enrollment credit granted.
122 (6) In order to qualify for funds under this section, a concurrent enrollment program
123 shall comply with the requirements described in Section 53A-15-101 , including rules adopted
124 in accordance with Subsection 53A-15-101 (3).