Representative Bradley M. Daw proposes the following substitute bill:


1     
ONLINE EDUCATION PROGRAM AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Bradley M. Daw

5     
Senate Sponsor: Howard A. Stephenson

6     

7     LONG TITLE
8     General Description:
9          This bill expands the entities that may offer secondary school level courses through the
10     Statewide Online Education Program.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a program of a higher education institution that offers secondary school level
14     courses exclusively online to offer the online courses through the Statewide Online
15     Education Program; and
16          ▸     authorizes an institution within the state system of higher education, including a
17     college campus of the Utah College of Applied Technology, to offer secondary
18     school level courses through the Statewide Online Education Program.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53A-15-1205, as last amended by Laws of Utah 2012, Chapter 238

26          53B-2a-106, as last amended by Laws of Utah 2009, Chapter 346
27     ENACTS:
28          53B-16-108, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 53A-15-1205 is amended to read:
32          53A-15-1205. Authorized online course providers.
33          The following entities may offer online courses to eligible students through the
34     Statewide Online Education Program:
35          (1) [beginning with the 2011-12 school year,] a charter school or district school created
36     exclusively for the purpose of serving students online; [and]
37          (2) [beginning with the 2011-12 school year,] an LEA program, approved by the LEA's
38     governing board, that is created exclusively for the purpose of serving students online[.]; and
39          (3) a program of an institution of higher education that:
40          (a) offers secondary school level courses; and
41          (b) is created exclusively for the purpose of serving students online.
42          Section 2. Section 53B-2a-106 is amended to read:
43          53B-2a-106. College campuses -- Duties.
44          (1) Each Utah College of Applied Technology college campus shall, within the
45     geographic area served by the college campus:
46          (a) offer a non-credit post-secondary and secondary career and technical education
47     curriculum;
48          (b) offer that curriculum at:
49          (i) low cost to adult students, as approved by the board of trustees; and
50          (ii) no tuition to secondary students;
51          (c) provide career and technical education that will result in:
52          (i) appropriate licensing, certification, or other evidence of completion of training; and
53          (ii) qualification for specific employment, with an emphasis on high demand, high
54     wage, and high skill jobs in business and industry;
55          (d) develop cooperative agreements with school districts, charter schools, other higher
56     education institutions, businesses, industries, and community and private agencies to maximize

57     the availability of instructional facilities within the geographic area served by the college
58     campus; and
59          (e) after consulting with school districts and charter schools within the geographic area
60     served by the college campus:
61          (i) ensure that secondary students in the public education system have access to career
62     and technical education at each college campus; and
63          (ii) prepare and submit an annual report to the Utah College of Applied Technology
64     detailing:
65          (A) how the career and technical education needs of secondary students within the
66     region are being met;
67          (B) what access secondary students within the region have to programs offered at
68     college campuses;
69          (C) how the emphasis on high demand, high wage, high skill jobs in business and
70     industry described in Subsection (1)(c)(ii) is being provided; and
71          (D) student tuition and fees.
72          (2) A college campus may offer:
73          (a) a competency-based high school diploma approved by the State Board of Education
74     in accordance with Section 53A-1-402;
75          (b) non-credit, basic instruction in areas such as reading, language arts, and
76     mathematics that are necessary for student success in a chosen career and technical education
77     or job-related program; [and]
78          (c) non-credit courses of interest when similar offerings to the community are limited
79     and courses are financially self-supporting[.]; and
80          (d) secondary school level courses through the Statewide Online Education Program in
81     accordance with Section 53A-15-1205.
82          (3) [A] Except as provided in Subsection (2)(d), a college campus may not:
83          (a) offer courses other than non-credit career and technical education or the non-credit,
84     basic instruction described in Subsections (2)(b) and (c);
85          (b) offer a degree;
86          (c) offer career and technical education or basic instruction outside the geographic area
87     served by the college campus without a cooperative agreement between an affected institution,

88     except as provided in Subsection (6);
89          (d) provide tenure or academic rank for its instructors; and
90          (e) participate in intercollegiate athletics.
91          (4) The mission of a college campus is limited to non-credit career and technical
92     education and may not expand to include credit-based academic programs typically offered by
93     community colleges or other institutions of higher education.
94          (5) A campus shall be recognized as a college campus of the Utah College of Applied
95     Technology, and regional affiliation shall be retained and recognized through local
96     designations such as "Bridgerland Applied Technology College: A Utah College of Applied
97     Technology Campus."
98          (6) (a) A college campus may offer career and technical education or basic instruction
99     outside the geographic area served by the college campus without a cooperative agreement, as
100     required in Subsection (3)(c), if:
101          (i) the career and technical education or basic instruction is specifically requested by:
102          (A) an employer; or
103          (B) a craft, trade, or apprenticeship program;
104          (ii) the college campus notifies the affected institution about the request; and
105          (iii) the affected institution is given an opportunity to make a proposal, prior to any
106     contract being finalized or training being initiated by the college campus, to the employer,
107     craft, trade, or apprenticeship program about offering the requested career and technical
108     education or basic instruction, provided that the proposal shall be presented no later than one
109     business week from the delivery of the notice described under Subsection (6)(b).
110          (b) The requirements under Subsection (6)(a)(iii) do not apply if there is a prior
111     training relationship.
112          Section 3. Section 53B-16-108 is enacted to read:
113          53B-16-108. Courses offered through the Statewide Online Education Program.
114          An institution of higher education listed in Section 53B-2-101 may offer a secondary
115     school level course through the Statewide Online Education Program in accordance with
116     Section 53A-15-1205.