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First Substitute S.B. 284

Representative Don L. Ipson proposes the following substitute bill:




Chief Sponsor: Stephen H. Urquhart

House Sponsor: Don L. Ipson

             7      LONG TITLE
             8      General Description:
             9          This bill makes changes to the concurrent enrollment program and its funding.
             10      Highlighted Provisions:
             11          This bill:
             12          .    authorizes institutions of higher education to charge partial tuition for certain higher
             13      education courses offered in public schools through concurrent enrollment;
             14          .    requires that concurrent enrollment courses:
             15              .    be introductory-level courses at higher education institutions; and
             16              .    with exceptions, be offered through the higher education institution in the
             17      appropriate geographical service region;
             18          .    requires the State Board of Regents to develop certain technology-intensive
             19      concurrent enrollment courses;
             20          .    establishes reporting requirements; and
             21          .    makes technical and conforming changes.
             22      Money Appropriated in this Bill:
             23          None
             24      Other Special Clauses:
             25          None

             26      Utah Code Sections Affected:
             27      AMENDS:
             28          53A-15-101, as last amended by Laws of Utah 2011, Chapter 301
             30      Be it enacted by the Legislature of the state of Utah:
             31          Section 1. Section 53A-15-101 is amended to read:
             32           53A-15-101. Higher education courses in the public schools -- Cooperation
             33      between public and higher education -- Partial tuition -- Reporting.
             34          (1) The State Board of Education in collaboration with the State Board of Regents shall
             35      implement:
             36          (a) a curriculum program and delivery system which allows students the option to
             37      complete high school graduation requirements and prepares them to meet college admission
             38      requirements at the conclusion of the eleventh grade, but does not preclude a student involved
             39      in accelerated learning programs from graduating at an earlier time;
             40          (b) a program of selected college credit courses in general and career and technical
             41      education [which would be] made available in cooperation with the State Board of Regents, as
             42      resources allow, through concurrent enrollment with one or more of the state's institutions of
             43      higher education;
             44          (c) a course of study for a student who decides to continue on through the twelfth grade
             45      that would allow the student to take courses necessary to graduate from high school, and at the
             46      student's option, to become better prepared for the world of work, or complete selected college
             47      level courses corresponding to the first and second year of course work at a university, college,
             48      or community college in the state system of higher education; and
             49          (d) a program for advanced placement which permits students to earn high school
             50      credits while qualifying to take advanced placement examinations for college credit.
             51          (2) The delivery system and curriculum program shall be designed and implemented to
             52      take full advantage of the most current available educational technology.
             53          (3) The State Board of Regents shall adopt rules to ensure the following:
             54          (a) early high school graduates who are academically prepared and meet college
             55      admission requirements may be enrolled in one of the state's institutions of higher education;
             56          (b) college credit courses are taught in high school concurrent enrollment [or advanced

             57      placement] programs by college or university faculty or public school educators under the
             58      following conditions:
             59          (i) to ensure that students are prepared for college level work, an appropriate
             60      assessment is given:
             61          (A) prior to participation in mathematics and English courses; and
             62          (B) in meeting prerequisites previously established for the same campus-based course
             63      by the sponsoring institution;
             64          (ii) public school educators in concurrent enrollment programs must first be approved
             65      as adjunct faculty and supervised by a state institution of higher education;
             66          (iii) teaching is done through live classroom instruction or telecommunications;
             67          (iv) collaboration among institutions to provide opportunities for general education and
             68      high demand career and technical education concurrent enrollment courses to be offered
             69      statewide, including via technology;
             70          (v) course content, procedures, and teaching materials in concurrent enrollment
             71      programs are approved by the appropriate department or program at an institution of higher
             72      education in order to ensure quality and comparability with courses offered on college and
             73      university campuses;
             74          (vi) concurrent enrollment may not include high school courses that are typically
             75      offered in grades 9 or 10, except as provided under Subsection (3)[(c)](b)(viii); [and]
             76          (vii) students may only be charged fees or partial tuition in accordance with
             77      Subsections (9)(c) and (10); and
             78          [(vii)] (viii) the provisions under Subsection (3)(b)(vi) do not apply to an early college
             79      high school; and
             80          (c) college credits obtained under this section shall be accepted for transfer of credit
             81      purposes as if they had been obtained at any public institution of higher education within the
             82      state system.
             83          (4) (a) Concurrent enrollment courses shall be introductory-level general education,
             84      career and technical education, or pre-major college-level courses at a state institution of higher
             85      education leading toward a certificate or degree.
             86          (b) The State Board of Regents shall develop technology-intensive concurrent
             87      enrollment courses, designed as:

             88          (i) hybrid courses, having a blend of different learning activities available both in
             89      classrooms and online; or
             90          (ii) courses delivered exclusively online.
             91          (c) The courses described in Subsection (4)(b) shall facilitate articulation, transfer of
             92      credit, and when possible, use open source materials available to all state institutions of higher
             93      education in order to reduce costs.
             94          (5) Except as provided in Subsection (6)(b), concurrent enrollment courses may be
             95      offered to high school students only by the state institution of higher education in the
             96      corresponding geographic service region, as designated by the State Board of Regents.
             97          (6) (a) A local school board or charter school governing board shall contact the state
             98      institution of higher education in the corresponding geographical service region to provide a
             99      concurrent enrollment course, and the higher education institution shall respond to the request
             100      within 60 days after the day on which the board contacts the institution on whether the
             101      institution chooses to offer the requested course.
             102          (b) (i) If the state institution of higher education in the corresponding service region
             103      chooses not to offer the concurrent enrollment course, another state institution of higher
             104      education may offer the concurrent enrollment course.
             105          (ii) Courses delivered through technology are not subject to the corresponding
             106      geographic service region requirement in Subsection (5).
             107          [(4)] (7) College-level courses taught in the high school carry the same credit hour
             108      value as when taught on a college or university campus and apply toward graduation on the
             109      same basis as courses taught at an institution of higher education to which the credits are
             110      submitted.
             111          [(5)] (8) The State Board of Education shall provide students in the public schools with
             112      the option of accelerating their educational program and graduating at the conclusion of the
             113      eleventh grade.
             114          [(6)] (9) (a) The State Board of Education and State Board of Regents shall work in
             115      close cooperation in developing, implementing, and evaluating the program established under
             116      this section, including working together to effectively advise high school students on
             117      registering for concurrent enrollment courses, as described in Section 53B-1-109 .
             118          (b) (i) Each high school shall receive its proportional share of concurrent enrollment

             119      money appropriated or allocated pursuant to Section 53A-17a-120.5 based upon the hours of
             120      higher education course work undertaken by students at the school under Subsections (1)(b)
             121      and (1)(c) as compared to the state total.
             122          (ii) School districts shall contract with institutions of higher education to provide the
             123      higher education services required under this section.
             124          [(iii) (A)] (c) Higher education tuition and fees may not be charged for participation in
             125      this program, except that each institution within the state's higher education system may
             126      charge:
             127          (i) a one-time per student per institution admissions application fee for concurrent
             128      enrollment course credit offered by the institution[.]; and
             129          (ii) except as provided in Subsection (10), partial tuition of up to $30 per credit hour
             130      for each concurrent enrollment course for which the student receives college credit, paid
             131      directly to the institution of higher education that offers the credit.
             132          [(B)] (d) Payment of the fee under Subsection [(6)(b)(iii)(A)] (9)(c)(i) satisfies the
             133      general admissions application fee requirement for a full-time or part-time student at an
             134      institution so that no additional admissions application fee may be charged by the institution.
             135          (e) A secondary student may participate in a concurrent enrollment course and not pay
             136      the partial tuition described in Subsection (9)(c)(ii) if the secondary student elects not to
             137      receive credit from an institution of higher education.
             138          (10) (a) A state institution of higher education may not charge tuition to a high school
             139      concurrent enrollment student for:
             140          (i) a technology-intensive concurrent enrollment course described in Subsection (4)(b);
             141      or
             142          (ii) a gateway career and technology education course, as defined by the State Board of
             143      Regents.
             144          (b) A state institution of higher education may only charge a concurrent enrollment
             145      student who qualifies for free or reduced price school lunch partial tuition of up to $5 per credit
             146      hour for each concurrent enrollment course for which the student receives college credit.
             147          (c) If a concurrent enrollment course is taught by a public school educator in a public
             148      school facility, a state institution of higher education may only charge up to $10 per credit hour
             149      for the concurrent enrollment course for which the student receives college credit.

             150          (d) If a high school student enrolls in multiple concurrent enrollment courses at an
             151      institution, the institution shall discount the partial tuition of each subsequent course the
             152      student takes after the student pays the full amount for the first course.
             153          (e) The State Board of Regents shall determine how an institution discounts tuition for
             154      multiple courses as required in Subsection (10)(d).
             155          (11) The State Board of Regents shall annually report to the Legislature's Higher
             156      Education Appropriations Subcommittee on any partial tuition charged pursuant to Subsection
             157      (9)(c).

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