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S.B. 162





Chief Sponsor: Stephen H. Urquhart

House Sponsor: Don L. Ipson

             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions related to charging partial tuition for concurrent
             10      enrollment courses.
             11      Highlighted Provisions:
             12          This bill:
             13          .    modifies a provision allowing the waiver of partial tuition when a student elects not
             14      to receive higher education credit;
             15          .    allows an institution of higher education to charge a student partial tuition for:
             16              .    technology-intensive concurrent enrollment courses; and
             17              .    gateway career and technology education courses; and
             18          .    eliminates a provision allowing a student to pay a reduced partial tuition rate for
             19      each subsequent concurrent enrollment course the student takes after the student
             20      pays the partial tuition for the first concurrent enrollment course.
             21      Money Appropriated in this Bill:
             22          None
             23      Other Special Clauses:
             24          None
             25      Utah Code Sections Affected:
             26      AMENDS:
             27          53A-15-101, as last amended by Laws of Utah 2012, Chapter 415

             29      Be it enacted by the Legislature of the state of Utah:
             30          Section 1. Section 53A-15-101 is amended to read:
             31           53A-15-101. Higher education courses in the public schools -- Cooperation
             32      between public and higher education -- Partial tuition -- Reporting.
             33          (1) The State Board of Education in collaboration with the State Board of Regents shall
             34      implement:
             35          (a) a curriculum program and delivery system which allows students the option to
             36      complete high school graduation requirements and prepares them to meet college admission
             37      requirements at the conclusion of the eleventh grade, but does not preclude a student involved
             38      in accelerated learning programs from graduating at an earlier time;
             39          (b) a program of selected college credit courses in general and career and technical
             40      education made available in cooperation with the State Board of Regents, as resources allow,
             41      through concurrent enrollment with one or more of the state's institutions of 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 programs by
             55      college or university faculty or public school educators under the following conditions:
             56          (i) to ensure that students are prepared for college level work, an appropriate
             57      assessment is given:
             58          (A) prior to participation in mathematics and English courses; and

             59          (B) in meeting prerequisites previously established for the same campus-based course
             60      by the sponsoring institution;
             61          (ii) public school educators in concurrent enrollment programs must first be approved
             62      as adjunct faculty and supervised by a state institution of higher education;
             63          (iii) teaching is done through live classroom instruction or telecommunications;
             64          (iv) collaboration among institutions to provide opportunities for general education and
             65      high demand career and technical education concurrent enrollment courses to be offered
             66      statewide, including via technology;
             67          (v) course content, procedures, and teaching materials in concurrent enrollment
             68      programs are approved by the appropriate department or program at an institution of higher
             69      education in order to ensure quality and comparability with courses offered on college and
             70      university campuses;
             71          (vi) concurrent enrollment may not include high school courses that are typically
             72      offered in grades 9 or 10, except as provided under Subsection (3)(b)(viii);
             73          (vii) students may only be charged fees or partial tuition in accordance with
             74      Subsections (9)(c) and (10); and
             75          (viii) 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) (a) Concurrent enrollment courses shall be introductory-level general education,
             81      career and technical education, or pre-major college-level courses at a state institution of higher
             82      education leading toward a certificate or degree.
             83          (b) The State Board of Regents shall develop technology-intensive concurrent
             84      enrollment courses, designed as:
             85          (i) hybrid courses, having a blend of different learning activities available both in
             86      classrooms and online; or
             87          (ii) courses delivered exclusively online.
             88          (c) The courses described in Subsection (4)(b) shall facilitate articulation, transfer of
             89      credit, and when possible, use open source materials available to all state institutions of higher

             90      education in order to reduce costs.
             91          (5) Except as provided in Subsection (6)(b), concurrent enrollment courses may be
             92      offered to high school students only by the state institution of higher education in the
             93      corresponding geographic service region, as designated by the State Board of Regents.
             94          (6) (a) A local school board or charter school governing board shall contact the state
             95      institution of higher education in the corresponding geographical service region to provide a
             96      concurrent enrollment course, and the higher education institution shall respond to the request
             97      within 60 days after the day on which the board contacts the institution on whether the
             98      institution chooses to offer the requested course.
             99          (b) (i) If the state institution of higher education in the corresponding service region
             100      chooses not to offer the concurrent enrollment course, another state institution of higher
             101      education may offer the concurrent enrollment course.
             102          (ii) Courses delivered through technology are not subject to the corresponding
             103      geographic service region requirement in Subsection (5).
             104          (7) College-level courses taught in the high school carry the same credit hour value as
             105      when taught on a college or university campus and apply toward graduation on the same basis
             106      as courses taught at an institution of higher education to which the credits are submitted.
             107          (8) The State Board of Education shall provide students in the public schools with the
             108      option of accelerating their educational program and graduating at the conclusion of the
             109      eleventh grade.
             110          (9) (a) The State Board of Education and State Board of Regents shall work in close
             111      cooperation in developing, implementing, and evaluating the program established under this
             112      section, including working together to effectively advise high school students on registering for
             113      concurrent enrollment courses, as described in Section 53B-1-109 .
             114          (b) (i) Each high school shall receive its proportional share of concurrent enrollment
             115      money appropriated or allocated pursuant to Section 53A-17a-120.5 based upon the hours of
             116      higher education course work undertaken by students at the school under Subsections (1)(b)
             117      and (1)(c) as compared to the state total.
             118          (ii) School districts shall contract with institutions of higher education to provide the
             119      higher education services required under this section.
             120          (c) Higher education tuition and fees may not be charged for participation in this

             121      program, except that each institution within the state's higher education system may charge:
             122          (i) a one-time per student per institution admissions application fee for concurrent
             123      enrollment course credit offered by the institution; and
             124          (ii) except as provided in Subsection (10), partial tuition of up to $30 per credit hour
             125      for each concurrent enrollment course for which the student receives college credit, paid
             126      directly to the institution of higher education that offers the credit.
             127          (d) Payment of the fee under Subsection (9)(c)(i) satisfies the general admissions
             128      application fee requirement for a full-time or part-time student at an institution so that no
             129      additional admissions application fee may be charged by the institution.
             130          (e) A secondary student may participate in a concurrent enrollment course taught at a
             131      public school facility and not pay the partial tuition described in Subsection (9)(c)(ii) if the
             132      secondary student elects not to receive credit from an institution of higher education.
             133          [(10) (a) A state institution of higher education may not charge tuition to a high school
             134      concurrent enrollment student for:]
             135          [(i) a technology-intensive concurrent enrollment course described in Subsection
             136      (4)(b); or]
             137          [(ii) a gateway career and technology education course, as defined by the State Board
             138      of Regents.]
             139          [(b)] (10) (a) A state institution of higher education may only charge a concurrent
             140      enrollment student who qualifies for free or reduced price school lunch partial tuition of up to
             141      $5 per credit hour for each concurrent enrollment course for which the student receives college
             142      credit.
             143          [(c)] (b) If a concurrent enrollment course is taught by a public school educator in a
             144      public school facility, a state institution of higher education may only charge up to $10 per
             145      credit hour for the concurrent enrollment course for which the student receives college credit.
             146          [(d)] (c) If a concurrent enrollment course is taught through video conferencing, a state
             147      institution of higher education may only charge up to $15 per credit hour for the concurrent
             148      enrollment course for which the student receives credit.
             149          [(e) If a high school student enrolls in multiple concurrent enrollment courses at an
             150      institution, the institution shall discount the partial tuition of each subsequent course the
             151      student takes after the student pays the full amount for the first course.]

             152          [(f) The State Board of Regents shall determine how an institution discounts tuition for
             153      multiple courses as required in Subsection (10)(e).]
             154          (11) The State Board of Regents shall annually report to the Legislature's Higher
             155      Education Appropriations Subcommittee on any partial tuition charged pursuant to Subsection
             156      (9)(c).

Legislative Review Note
    as of 1-31-13 3:18 PM

Office of Legislative Research and General Counsel

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