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First Substitute H.B. 151

Representative Margaret Dayton proposes the following substitute bill:





Chief Sponsor: Margaret Dayton

Senate Sponsor: Howard A. Stephenson

             8      LONG TITLE
             9      General Description:
             10          This bill adjusts fees for concurrent enrollment courses and modifies the distribution of
             11      the annual appropriation for accelerated learning programs.
             12      Highlighted Provisions:
             13          This bill:
             14          .    authorizes a student per credit hour fee for concurrent enrollment higher education
             15      courses offered in public schools; and
             16          .    makes technical corrections.
             17      Monies Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          None
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          53A-15-101, as last amended by Chapter 221, Laws of Utah 2003
             24          53A-17a-120, as last amended by Chapter 320, Laws of Utah 2003

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

             57          (ii) teaching is done through live classroom instruction or telecommunications; and
             58          (iii) course content, procedures, and teaching materials in concurrent enrollment
             59      programs are approved by the appropriate department or program at an institution of higher
             60      education in order to ensure quality and comparability with courses offered on college and
             61      university campuses; and
             62          (iv) students may only be charged fees in accordance with Subsection (6); and
             63          (c) college credits obtained under this section shall be accepted for transfer of credit
             64      purposes as if they had been obtained at any public institution of higher education within the
             65      state system.
             66          (4) College-level courses taught in the high school carry the same credit hour value as
             67      when taught on a college or university campus and apply toward graduation on the same basis
             68      as courses taught at an institution of higher education to which the credits are submitted.
             69          (5) The State Board of Education shall provide students in the public schools with the
             70      option of accelerating their educational program and graduating at the conclusion of the
             71      eleventh grade.
             72          (6) (a) The State Board of Education and State Board of Regents shall work in close
             73      cooperation in developing, implementing, and evaluating the program established under this
             74      section.
             75          (b) (i) Each high school shall receive its proportional share of concurrent enrollment
             76      monies appropriated or allocated pursuant to Section 53A-17a-120 based upon the hours of
             77      higher education course work undertaken by students at the school under Subsections (1)(b)
             78      and (1)(c) as compared to the state total.
             79          (ii) School districts shall contract with institutions of higher education to provide the
             80      higher education services required under this section.
             81          [(iii) (A)] (c) Higher education tuition and fees may not be charged for participation in
             82      this program, except that each institution within the state's higher education system may
             83      charge:
             84          (i) a one-time per student per institution admissions application fee for concurrent
             85      enrollment course credit offered by the institution[.]; and
             86          (ii) a fee of up to $30 per credit hour for each concurrent enrollment course for which
             87      the student will receive college credit, paid directly to the institution of higher education that

             88      offers the course.
             89          [(B)] (d) Payment of the fee under Subsection (6)[(b)(iii)(A)] (c)(i) satisfies the general
             90      admissions application fee requirement for a full-time or part-time student at an institution so
             91      that no additional admissions application fee may be charged by the institution.
             92          Section 2. Section 53A-17a-120 is amended to read:
             93           53A-17a-120. Appropriation for accelerated learning programs.
             94          (1) Money appropriated to the State Board of Education in Section 53A-17a-104 for
             95      accelerated learning programs shall be allocated to local school boards for the following
             96      programs:
             97          (a) programs in grades 1-12 for the gifted and talented;
             98          (b) concurrent enrollment; and
             99          (c) advanced placement.
             100          [(2) (a) A school participating in the concurrent enrollment programs offered under
             101      Section 53A-15-101 shall receive on a per student basis up to $33.33 per quarter hour or $50
             102      per semester hour for each hour of higher education course work undertaken at the school.]
             103          [(b) Each year the amounts specified in Subsection (2)(a) shall be adjusted in
             104      proportion to the increase in the value of the weighted pupil unit from the prior year established
             105      in Subsection 53A-17a-103 (1).]
             106          [(3)] (2) (a) Districts shall spend monies for these programs according to rules
             107      established by the State Board of Education in accordance with Title 63, Chapter 46a, Utah
             108      Administrative Rulemaking Act.
             109          (b) The State Board of Education shall develop uniform and consistent policies for
             110      school districts to follow in utilizing advanced placement and concurrent enrollment monies.

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