Second Substitute H.B. 79

Senator Gregory S. Bell proposes the following substitute bill:

1 CONCURRENT ENROLLMENT AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kory M. Holdaway
5 Senate Sponsor: Gregory S. Bell
6 Cosponsors:
7 Sylvia S. AndersenJames R. Gowans
Carol Spackman MossKenneth W. Sumsion
Mark A. Wheatley 8
9 LONG TITLE
10 General Description:
11 This bill modifies the State System of Public Education Code relating to concurrent
12 enrollments.
13 Highlighted Provisions:
14 This bill:
15 . separates concurrent enrollment from other programs in the accelerated learning
16 programs appropriation;
17 . requires the appropriation for concurrent enrollment to increase based upon the
18 increase in the value of the weighted pupil unit;
19 . provides for the distribution of the concurrent enrollment appropriation:
20 . between the State System of Public Education and the State System of Higher
21 Education; and
22 . among public schools and institutions of higher education that participate in
23 concurrent enrollment; and
24 . makes technical corrections.
25 Monies Appropriated in this Bill:

26 None
27 Other Special Clauses:
28 This bill takes effect on July 1, 2007.
29 This bill coordinates with H.B. 3 by providing that certain amendments in this bill
30 supersede the amendments in H.B. 3 and that certain amendments in H.B. 3 supersede
31 the amendments in this bill.
32 This bill coordinates with H.B. 160 by providing that certain amendments in this bill
33 supersede the amendments in H.B. 160 and that certain amendments in H.B. 160
34 supersede the amendments in this bill.
35 Utah Code Sections Affected:
36 AMENDS:
37 53A-15-101, as last amended by Chapter 221, Laws of Utah 2003
38 53A-17a-104, as last amended by Chapters 4 and 354, Laws of Utah 2006
39 53A-17a-120, as last amended by Chapter 320, Laws of Utah 2003
40 ENACTS:
41 53A-17a-120.5, Utah Code Annotated 1953
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 53A-15-101 is amended to read:
45 53A-15-101. Higher education courses in the public schools -- Cooperation
46 between public and higher education.
47 (1) The State Board of Education in collaboration with the State Board of Regents shall
48 implement:
49 (a) a curriculum program and delivery system which allows students the option to
50 complete high school graduation requirements and prepares them to meet college admission
51 requirements at the conclusion of the eleventh grade, but does not preclude a student involved
52 in accelerated learning programs from graduating at an earlier time;
53 (b) a program of selected college credit courses in general and [applied technology]
54 career and technical education which would be made available in cooperation with the State
55 Board of Regents, as resources allow, through concurrent enrollment with one or more of the
56 state's institutions of higher education;

57 (c) a course of study for a student who decides to continue on through the twelfth grade
58 that would allow the student to take courses necessary to graduate from high school, and at the
59 student's option, to become better prepared for the world of work, or complete selected college
60 level courses corresponding to the first and second year of course work at a university, college,
61 or community college in the state system of higher education; and
62 (d) a program for advanced placement which permits students to earn high school
63 credits while qualifying to take advanced placement examinations for college credit.
64 (2) The delivery system and curriculum program shall be designed and implemented to
65 take full advantage of the most current available educational technology.
66 (3) The State Board of Regents shall adopt rules to ensure the following:
67 (a) early high school graduates who are academically prepared and meet college
68 admission requirements may be enrolled in one of the state's institutions of higher education;
69 (b) college credit courses are taught in high school concurrent enrollment or advanced
70 placement programs by college or university faculty or public school educators under the
71 following conditions:
72 (i) public school educators in concurrent enrollment programs must first be approved
73 as adjunct faculty and supervised by a state institution of higher education;
74 (ii) teaching is done through live classroom instruction or telecommunications; and
75 (iii) course content, procedures, and teaching materials in concurrent enrollment
76 programs are approved by the appropriate department or program at an institution of higher
77 education in order to ensure quality and comparability with courses offered on college and
78 university campuses; and
79 (c) college credits obtained under this section shall be accepted for transfer of credit
80 purposes as if they had been obtained at any public institution of higher education within the
81 state system.
82 (4) College-level courses taught in the high school carry the same credit hour value as
83 when taught on a college or university campus and apply toward graduation on the same basis
84 as courses taught at an institution of higher education to which the credits are submitted.
85 (5) The State Board of Education shall provide students in the public schools with the
86 option of accelerating their educational program and graduating at the conclusion of the
87 eleventh grade.

88 (6) (a) The State Board of Education and State Board of Regents shall work in close
89 cooperation in developing, implementing, and evaluating the program established under this
90 section.
91 (b) (i) Each high school shall receive its proportional share of concurrent enrollment
92 monies appropriated or allocated pursuant to Section [ 53A-17a-120 ] 53A-17a-120.5 based
93 upon the hours of higher education course work undertaken by students at the school under
94 Subsections (1)(b) and (1)(c) as compared to the state total.
95 (ii) School districts shall contract with institutions of higher education to provide the
96 higher education services required under this section.
97 (iii) (A) Higher education tuition and fees may not be charged for participation in this
98 program, except that each institution within the state's higher education system may charge a
99 one-time per student per institution admissions application fee for concurrent enrollment
100 course credit offered by the institution.
101 (B) Payment of the fee under Subsection (6)(b)(iii)(A) satisfies the general admissions
102 application fee requirement for a full-time or part-time student at an institution so that no
103 additional admissions application fee may be charged by the institution.
104 Section 2. Section 53A-17a-104 is amended to read:
105 53A-17a-104. Amount of state's contribution toward minimum school program.
106 (1) The total contribution of the state toward the cost of the minimum school program
107 may not exceed the sum of $2,032,219,545 for the fiscal year beginning July 1, 2006, except as
108 otherwise provided by the Legislature through supplemental appropriations.
109 (2) There is appropriated from state and local funds for fiscal year 2006-07 for
110 distribution to school districts and charter schools, in accordance with this chapter, monies for
111 the following purposes and in the following amounts:
112 (a) basic program - kindergarten, $57,234,560 (23,680 WPUs);
113 (b) basic program - grades 1-12, $1,118,053,443 (462,579 WPUs);
114 (c) basic program - professional staff, $106,128,053 (43,909 WPUs);
115 (d) basic program - administrative costs, $3,937,293 (1,629 WPUs);
116 (e) basic program - necessarily existent small schools and units for consolidated
117 schools, $18,487,633 (7,649 WPUs);
118 (f) special education - regular program - add-on WPUs for students with disabilities,

119 $136,350,221 (56,413 WPUs);
120 (g) preschool special education program, $19,717,886 (8,158 WPUs);
121 (h) self-contained regular WPUs, $32,148,517 (13,301 WPUs);
122 (i) extended year program for severely disabled, $887,039 (367 WPUs);
123 (j) special education programs in state institutions and district impact aid, $3,487,731
124 (1,443 WPUs);
125 (k) applied technology and technical education district programs, $59,934,349 (24,797
126 WPUs), including $1,045,033 for summer applied technology agriculture programs;
127 (l) applied technology district set-aside, $2,562,020 (1,060 WPUs);
128 (m) class size reduction, $74,378,341 (30,773 WPUs);
129 (n) Social Security and retirement programs, $310,891,038;
130 (o) pupil transportation to and from school, $62,601,763, of which not less than
131 $2,173,569 shall be allocated to the Utah Schools for the Deaf and Blind to pay for
132 transportation costs of the schools' students;
133 (p) guarantee transportation levy, $500,000;
134 (q) Local Discretionary Block Grant Program, $21,820,748;
135 (r) Interventions for Student Success Block Grant Program, $16,792,888;
136 (s) Quality Teaching Block Grant Program, $62,993,704;
137 (t) highly impacted schools, $5,123,207;
138 (u) at-risk programs, $27,992,056;
139 (v) adult education, $9,148,653;
140 (w) accelerated learning programs, [$12,010,853] $3,822,641;
141 (x) concurrent enrollment, $8,874,516;
142 [(x)] (y) electronic high school, $1,300,000;
143 [(y)] (z) School LAND Trust Program, $15,000,000;
144 [(z)] (aa) state-supported voted leeway, $196,085,303;
145 [(aa)] (bb) state-supported board leeway, $54,704,476;
146 [(bb)] (cc) charter schools, pursuant to Section 53A-1a-513 , $21,552,450;
147 [(cc)] (dd) K-3 Reading Improvement Program, $12,500,000; and
148 [(dd)] (ee) state-supported board leeway for K-3 Reading Improvement Program,
149 $15,000,000.

150 Section 3. Section 53A-17a-120 is amended to read:
151 53A-17a-120. Appropriation for accelerated learning programs.
152 (1) Money appropriated to the State Board of Education in Section 53A-17a-104 for
153 accelerated learning programs shall be allocated to local school boards and charter schools for
154 the following programs:
155 (a) programs in grades 1-12 for the gifted and talented; and
156 [(b) concurrent enrollment; and]
157 [(c)] (b) advanced placement.
158 [(2) (a) A school participating in the concurrent enrollment programs offered under
159 Section 53A-15-101 shall receive on a per student basis up to $33.33 per quarter hour or $50
160 per semester hour for each hour of higher education course work undertaken at the school.]
161 [(b) Each year the amounts specified in Subsection (2)(a) shall be adjusted in
162 proportion to the increase in the value of the weighted pupil unit from the prior year established
163 in Subsection 53A-17a-103 (1).]
164 [(3)] (2) (a) Districts shall spend monies for these programs according to rules
165 established by the State Board of Education in accordance with Title 63, Chapter 46a, Utah
166 Administrative Rulemaking Act.
167 (b) The State Board of Education shall develop uniform and consistent policies for
168 school districts to follow in utilizing advanced placement [and concurrent enrollment] monies.
169 Section 4. Section 53A-17a-120.5 is enacted to read:
170 53A-17a-120.5. Appropriation for concurrent enrollment.
171 (1) Money appropriated to the State Board of Education in Section 53A-17a-104 for
172 concurrent enrollment shall be allocated as follows:
173 (a) 60% of the monies shall be allocated to local school boards and charter schools; and
174 (b) 40% of the monies shall be allocated to the State Board of Regents.
175 (2) The State Board of Education shall make rules providing that a school participating
176 in the concurrent enrollment programs offered under Section 53A-15-101 shall receive an
177 allocation from the monies described in Subsection (1)(a) as provided in Section 53A-15-101 .
178 (3) The State Board of Regents shall make rules providing that an institution of higher
179 education participating in the concurrent enrollment programs offered under Section
180 53A-15-101 shall receive an allocation from the monies described in Subsection (1)(b) as

181 provided in the rules.
182 (4) Each year the Legislature shall increase the money appropriated to the State Board
183 of Education in Section 53A-17a-104 for concurrent enrollment based on:
184 (a) enrollment growth in concurrent enrollment from additional students enrolled,
185 courses offered, and credit hours taken; and
186 (b) the percentage increase in the value of the weighted pupil unit.
187 (5) The State Board of Education and the State Board of Regents shall annually report
188 to the Public Education Appropriations Subcommittee:
189 (a) an accounting of the money appropriated for concurrent enrollment; and
190 (b) a justification of the split described in Subsections (1)(a) and (b).
191 Section 5. Effective date.
192 This bill takes effect on July 1, 2007.
193 Section 6. Coordinating H.B. 79 with H.B. 3 -- Substantively superseding
194 amendments.
195 If this H.B. 79 and H.B. 3, Minimum School Program Base Budget Amendments, both
196 pass, it is the intent of the Legislature that when the Office of Legislative Research and General
197 Counsel prepares the Utah Code database for publication:
198 (1) the appropriation for accelerated learning programs under Subsection
199 53A-17a-104 (2)(w) in this bill supersedes the appropriation for accelerated learning programs
200 under Subsection 53A-17a-104 (2)(x) in H.B. 3; and
201 (2) the appropriation under Subsection 53A-17a-104 (1) in H.B. 3 supercedes the
202 appropriation under Subsection 53A-17a-104 (1) in this bill, except that the appropriation under
203 Subsection 53A-17a-104 (1) in H.B. 3 shall be increased by $350,000.
204 Section 7. Coordinating H.B. 79 with H.B. 160 -- Substantively superseding
205 amendments.
206 If this H.B. 79 and H.B. 160, Minimum School Program Budget Amendments, both
207 pass, it is the intent of the Legislature that when the Office of Legislative Research and General
208 Counsel prepares the Utah Code database for publication:
209 (1) the appropriation for accelerated learning programs under Subsection
210 53A-17a-104 (2)(w) in this bill supersedes the appropriation for accelerated learning programs
211 under Subsection 53A-17a-104 (2) in H.B. 160; and

212 (2) the appropriation under Subsection 53A-17a-104 (1) in H.B. 160 supercedes the
213 appropriation under Subsection 53A-17a-104 (1) in this bill except that the appropriation under
214 Subsection 53A-17a-104 (1) in H.B. 160 shall be increased by $350,000.