First Substitute S.B. 81

This document includes House Floor Amendments incorporated into the bill on Thu, Mar 5, 2009 at 9:26 AM by ddonat. -->

Senator Margaret Dayton proposes the following substitute bill:

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

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- 2 - 26 53A-17a-120.5, as enacted by Laws of Utah 2007, Chapter 368
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53A-15-101 is amended to read:
30 53A-15-101. Higher education courses in the public schools -- Cooperation
31 between public and higher education.
32 (1) The State Board of Education in collaboration with the State Board of Regents shall
33 implement:
34 (a) a curriculum program and delivery system which allows students the option to
35 complete high school graduation requirements and prepares them to meet college admission
36 requirements at the conclusion of the eleventh grade, but does not preclude a student involved
37 in accelerated learning programs from graduating at an earlier time;
38 (b) a program of selected college credit courses in general and career and technical
39 education which would be made available in cooperation with the State Board of Regents, as
40 resources allow, through concurrent enrollment with one or more of the state's institutions of
41 higher education;
42 (c) a course of study for a student who decides to continue on through the twelfth grade
43 that would allow the student to take courses necessary to graduate from high school, and at the
44 student's option, to become better prepared for the world of work, or complete selected college
45 level courses corresponding to the first and second year of course work at a university, college,
46 or community college in the state system of higher education; and
47 (d) a program for advanced placement which permits students to earn high school
48 credits while qualifying to take advanced placement examinations for college credit.
49 (2) The delivery system and curriculum program shall be designed and implemented to
50 take full advantage of the most current available educational technology.
51 (3) The State Board of Regents shall adopt rules to ensure the following:
52 (a) early high school graduates who are academically prepared and meet college
53 admission requirements may be enrolled in one of the state's institutions of higher education;
54 (b) college credit courses are taught in high school concurrent enrollment or advanced
55 placement programs by college or university faculty or public school educators under the
56 following conditions:

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House Floor Amendments 3-5-2009 dd/dsl 57

(i) to ensure that students are prepared for college level work, an appropriate
58 assessment is given:
59 (A) prior to participation in mathematics and English courses; and
60 (B) in meeting prerequisites H. previously .H established for H. [ a ] the same .H
60a campus-based course by the sponsoring
61 institution;
62 [(i)] (ii) public school educators in concurrent enrollment programs must first be
63 approved as adjunct faculty and supervised by a state institution of higher education;
64 [(ii)] (iii) teaching is done through live classroom instruction or telecommunications;
65 [and]
66 (iv) collaboration among institutions to provide opportunities for general education and
67 high demand career and technical education concurrent enrollment courses to be offered
68 statewide, including via technology;
69 [(iii)] (v) course content, procedures, and teaching materials in concurrent enrollment
70 programs are approved by the appropriate department or program at an institution of higher
71 education in order to ensure quality and comparability with courses offered on college and
72 university campuses; [and]
73 (vi) concurrent enrollment may not include high school courses that are typically
74 offered in grades 9 or 10, except as provided under Subsection (3)(c); and
75 (vii) the provisions under Subsection (3)(b)(vi) do not apply to an early college high
76 school; and
77 (c) college credits obtained under this section shall be accepted for transfer of credit
78 purposes as if they had been obtained at any public institution of higher education within the
79 state system.
80 (4) College-level courses taught in the high school carry the same credit hour value as
81 when taught on a college or university campus and apply toward graduation on the same basis
82 as courses taught at an institution of higher education to which the credits are submitted.
83 (5) The State Board of Education shall provide students in the public schools with the
84 option of accelerating their educational program and graduating at the conclusion of the
85 eleventh grade.
86 (6) (a) The State Board of Education and State Board of Regents shall work in close
87 cooperation in developing, implementing, and evaluating the program established under this

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89 (b) (i) Each high school shall receive its proportional share of concurrent enrollment
90 monies appropriated or allocated pursuant to Section 53A-17a-120.5 based upon the hours of
91 higher education course work undertaken by students at the school under Subsections (1)(b)
92 and (1)(c) as compared to the state total.
93 (ii) School districts shall contract with institutions of higher education to provide the
94 higher education services required under this section.
95 (iii) (A) Higher education tuition and fees may not be charged for participation in this
96 program, except that each institution within the state's higher education system may charge a
97 one-time per student per institution admissions application fee for concurrent enrollment
98 course credit offered by the institution.
99 (B) Payment of the fee under Subsection (6)(b)(iii)(A) satisfies the general admissions
100 application fee requirement for a full-time or part-time student at an institution so that no
101 additional admissions application fee may be charged by the institution.
102 Section 2. Section 53A-17a-120.5 is amended to read:
103 53A-17a-120.5. Appropriation for concurrent enrollment.
104 (1) Money appropriated to the State Board of Education in Section 53A-17a-104 for
105 concurrent enrollment shall be allocated as follows:
106 (a) the monies shall first be allocated proportionally, based upon student credit hour
107 delivered, between courses that are:
108 (i) taught by public school educators; and
109 (ii) taught by college or university faculty;
110 (b) from the monies allocated under Subsection (1)(a)(i):
111 [(a)] (i) 60% of the monies shall be allocated to local school boards and charter
112 schools; and
113 (ii) 40% of the monies shall be allocated to the State Board of Regents; and
114 (c) from the monies allocated under Subsection (1)(a)(ii):
115 (i) 40% of the monies shall be allocated to local school boards and charter schools; and
116 [(b) 40%] (ii) 60% of the monies shall be allocated to the State Board of Regents.
117 (2) The State Board of Education shall make rules providing that a school participating
118 in the concurrent enrollment programs offered under Section 53A-15-101 shall receive an

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120 (3) The State Board of Regents shall make rules providing that an institution of higher
121 education participating in the concurrent enrollment programs offered under [Section] Sections
122 53A-15-101 and 53B-8-112 shall receive an allocation from the monies described in
123 Subsection (1)[(b)] as provided in the rules.
124 (4) Each year the Legislature shall increase the money appropriated to the State Board
125 of Education in Section 53A-17a-104 for concurrent enrollment based on:
126 (a) enrollment growth in concurrent enrollment from additional students enrolled,
127 courses offered, and credit hours taken; and
128 (b) the percentage increase in the value of the weighted pupil unit.
129 (5) (a) The State Board of Education and the State Board of Regents shall annually
130 report to the Public Education Appropriations Subcommittee:
131 [(a)] (i) an accounting of the money appropriated for concurrent enrollment; and
132 [(b)] (ii) a justification of the split described in Subsections (1)(a) and (b).
133 (b) The State Board of Regents shall annually report to the Higher Education
134 Appropriations Subcommittee on concurrent enrollment participation and growth, including
135 data on what higher education tuition would have been charged for the hours of concurrent
136 enrollment credit granted.
137 (6) In order to qualify for funds under this section, a concurrent enrollment program
138 shall comply with the requirements described in Section 53A-15-101 , including rules adopted
139 in accordance with Subsection 53A-15-101 (3).