This document includes House Committee Amendments incorporated into the bill on Tue, Feb 2, 2016 at 12:05 PM by cynthiahopkin.
1     
CONCURRENT ENROLLMENT EDUCATION AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill repeals, amends, and enacts provisions regarding concurrent enrollment.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends and reenacts concurrent enrollment provisions, including:
14               •     state and local level administration of the program;
15               •     student and teacher eligibility; and
16               •     funding;
17          ▸     gives rulemaking authority; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53A-17a-105.5, as last amended by Laws of Utah 2011, Chapter 7
26          53B-1-109, as last amended by Laws of Utah 2011, Chapter 301
27     ENACTS:
28          53A-15-1701, Utah Code Annotated 1953
29          53A-15-1702, Utah Code Annotated 1953
30          53A-15-1703, Utah Code Annotated 1953
31          53A-15-1704, Utah Code Annotated 1953
32          53A-15-1705, Utah Code Annotated 1953
33          53A-15-1706, Utah Code Annotated 1953
34          53A-15-1707, Utah Code Annotated 1953
35          53A-15-1708, Utah Code Annotated 1953
36          53A-15-1709, Utah Code Annotated 1953
37     REPEALS:
38          53A-15-101, as last amended by Laws of Utah 2013, Chapter 75
39          53A-15-101.5, as last amended by Laws of Utah 2014, Chapter 63
40          53A-17a-120.5, as last amended by Laws of Utah 2010, Chapter 3
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 53A-15-1701 is enacted to read:
44     
Part 17. Concurrent Enrollment

45          53A-15-1701. Title.
46          This part is known as "Concurrent Enrollment."
47          Section 2. Section 53A-15-1702 is enacted to read:
48          53A-15-1702. Definitions.
49          (1) "Concurrent enrollment" means enrollment in a course offered through the
50     concurrent enrollment program described in Section 53A-15-1703.
51          (2) "Educator" means the same as that term is defined in Section 53A-6-103.
52          (3) "Eligible instructor" means an instructor who is:
53          (a) employed as faculty by an institution of higher education; or
54          (b) (i) employed by an LEA;
55          (ii) licensed by the State Board of Education under Title 53A, Chapter 6, Educator
56     Licensing and Professional Practices Act;
57          (iii) (A) approved as adjunct faculty by an institution of higher education; or
58          (B) a mathematics educator who has an upper level mathematics endorsement; and
59          (iv) supervised by an institution of higher education.
60          (4) "Eligible student" means a student who:
61          (a) is enrolled in, and counted in average daily membership in, a high school within the
62     state;
63          (b) has a student education occupation plan, as described in Section 53A-1a-106, on
64     file at a high school within the state; and
65          (c) (i) is a grade 11 or grade 12 student; or
66          (ii) is a grade 9 or grade 10 student who qualifies by exception as described in Section
67     53A-15-1703.
68          (5) "Endorsement" means a stipulation, authorized by the State Board of Education and
69     appended to a license, that specifies an area of practice to which the license applies.
70          (6) "Institution of higher education" means the same as that term is defined in Section
71     53B-3-102.
72          (7) "License" means the same as that term is defined in Section 53A-6-103.
73          (8) "Local education agency" or "LEA" means a school district or charter school.
74          (9) "Participating eligible student" means an eligible student enrolled in a concurrent
75     enrollment course.
76          (10) "Upper level mathematics endorsement" means an endorsement required by the
77     State Board of Education for an educator to teach calculus.
78          (11) "Value of the weighted pupil unit" means the same as that term is defined in
79     Section 53A-1a-703.
80          Section 3. Section 53A-15-1703 is enacted to read:
81          53A-15-1703. Concurrent enrollment program.
82          (1) The State Board of Education and the State Board of Regents shall establish and
83     maintain a concurrent enrollment program that:
84          (a) provides an eligible student the opportunity to enroll in a course that allows the
85     eligible student to earn credit concurrently:
86          (i) toward high school graduation; and
87          (ii) at an institution of higher education;
88          (b) includes only courses that:
89          (i) lead to a degree or certificate offered by an institution of higher education; and
90          (ii) are one of the following:
91          (A) general education courses;
92          (B) career and technical education courses; or
93          (C) pre-major college level courses; and
94          (c) is designed and implemented to take full advantage of the most current available
95     education technology.
96          (2) The State Board of Education and the State Board of Regents shall coordinate:
97          (a) to establish a concurrent enrollment course approval process that ensures:
98          (i) credit awarded for concurrent enrollment is consistent and transferable to all
99     institutions of higher education; and
100          (ii) learning outcomes for concurrent enrollment courses align with:
101          (A) core standards for Utah public schools adopted by the State Board of Education;
102     and
103          (B) institution of higher education lower division courses numbered at or above the
104     1000 level; and
105          (b) advising to eligible students, including:
106          (i) providing information on general education requirements at institutions of higher
107     education; and
108          (ii) choosing concurrent enrollment courses to avoid duplication or excess credit hours.
109          (3) The State Board of Regents shall provide guidelines to an institution of higher
110     education for establishing qualifying academic criteria for an eligible student to enroll in a
111     concurrent enrollment course.
112          (4) To qualify for funds under Section 53A-15-1707, an LEA and an institution of
113     higher education shall:
114          (a) enter into a contract, in accordance with Section 53A-15-1704, to provide one or
115     more concurrent enrollment courses that are approved under the course approval process
116     described in Subsection (2);
117          (b) ensure that an instructor who teaches a concurrent enrollment course is an eligible
118     instructor;
119          (c) establish qualifying academic criteria for an eligible student to enroll in a
120     concurrent enrollment course, in accordance with the guidelines described in Subsection (3);
121          (d) ensure that a student who enrolls in a concurrent enrollment course is an eligible
122     student; and
123          (e) coordinate advising to eligible students.
124          (5) An LEA and an institution of higher education may qualify a grade 9 or grade 10
125     student to enroll in a concurrent enrollment course by exception.
126          (6) An institution of higher education shall accept credits earned by a student who
127     completes a concurrent enrollment course on the same basis as credits earned by a full-time or
128     part-time student enrolled at the institution of higher education.
129          (7) An institution of higher education shall require an eligible instructor to submit to a
130     background check and ongoing monitoring, as described in Section 53A-15-1503, in the same
131     manner as a non-licensed employee of an LEA, if the eligible instructor:
132          (a) teaches a concurrent enrollment course in a high school; and
133          (b) is not licensed by the State Board of Education under Title 53A, Chapter 6,
134     Educator Licensing and Professional Practices Act.
135          Section 4. Section 53A-15-1704 is enacted to read:
136          53A-15-1704. Designated institution of higher education -- Concurrent enrollment
137     course right of first refusal.
138          (1) As used in this section, "designated institution of higher education" means an
139     institution of higher education that is designated by the State Board of Regents to provide a
140     course or program of study within a specific geographic region.
141          (2) To offer a concurrent enrollment course, an LEA shall contact the LEA's designated
142     institution of higher education to request that the designated institution of higher education
143     contract with the LEA to provide the concurrent enrollment course.
144          (3) If the LEA's designated institution of higher education chooses to offer the
145     concurrent enrollment course, the LEA shall contract with the LEA's designated institution of
146     higher education to provide the concurrent enrollment course.
147          (4) An LEA may contract with an institution of higher education that is not the LEA's
148     designated institution of higher education to provide a concurrent enrollment course if the
149     LEA's designated institution of higher education:
150          (a) chooses not to offer the concurrent enrollment course proposed by the LEA; or
151          (b) fails to respond to the LEA's request under Subsection (2) within 30 days after the
152     day on which the LEA contacts the designated institution of higher education.
153          Section 5. Section 53A-15-1705 is enacted to read:
154          53A-15-1705. Concurrent enrollment Ĥ→ [application] participation form ←Ĥ --
154a     Ĥ→ [           Student acknowledgment and
155     parental] Parental ←Ĥ permission.
156          (1) The State Board of Regents shall create a higher education concurrent enrollment
157     Ĥ→ [application] participation form ←Ĥ that includes Ĥ→ [an acknowledgment form and] ←Ĥ
157a     a parental permission form.
158          Ĥ→ [(2) An institution of higher education shall use the application described in Subsection
159     (1) for eligible students to participate in concurrent enrollment.
160          (3)] (2) ←Ĥ Before allowing an eligible student to participate in concurrent enrollment, an
160a     LEA
161     and an institution of higher education shall ensure that the eligible student has, for the current
162     school year:
163          (a) submitted the Ĥ→ [application] participation form ←Ĥ described in Subsection (1);
164          (b) signed an acknowledgment of program participation requirements; and
165          (c) obtained parental permission as indicated by the signature of a student's parent or
166     legal guardian on the parental permission form.
167          Section 6. Section 53A-15-1706 is enacted to read:
168          53A-15-1706. Tuition and fees.
169          (1) Except as provided in this section, the State Board of Regents or an institution of
170     higher education may not charge tuition or fees for a concurrent enrollment course.
171          (2) Ĥ→ (a) ←Ĥ The State Board of Regents may charge a one-time fee for a student
171a     to Ĥ→ [apply to] ←Ĥ
172     participate in the concurrent enrollment program.
173          Ĥ→ [(3)] (b) ←Ĥ A student who pays a fee described in Subsection (2) does not satisfy
173a     a general
174     admission application fee requirement for a full-time or part-time student at an institution of
175     higher education.
175a     Ĥ→ (3) (a) An institution of higher education may charge a one-time admission application fee
175b     for concurrent enrollment course credit offered by the institution of higher education.
175c     (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission application
175d     fee requirement for a full-time or part-time student at an institution of higher education. ←Ĥ
176          (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
177     charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
178     for which a student earns college credit.
179          (b) A higher education institution may not charge more than:
180          (i) $5 per credit hour for an eligible student who qualifies for free or reduced price
181     school lunch;
182          (ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
183     an eligible instructor described in Subsection 53A-15-1702(3)(b); or
184          (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
185     conferencing.
186          Section 7. Section 53A-15-1707 is enacted to read:
187          53A-15-1707. Funding.
188          (1) The State Board of Education shall allocate money appropriated for concurrent
189     enrollment in accordance with this section.
190          (2) (a) The State Board of Education shall allocate money appropriated for concurrent
191     enrollment in proportion to the number of credit hours earned for courses taken where:
192          (i) an LEA primarily bears the cost of instruction; and
193          (ii) an institution of higher education primarily bears the cost of instruction.
194          (b) From the money allocated under Subsection (2)(a)(i), the State Board of Education
195     shall distribute:
196          (i) 60% of the money to LEAs; and
197          (ii) 40% of the money to the State Board of Regents.
198          (c) From the money allocated under Subsection (2)(a)(ii), the State Board of Education
199     shall distribute:
200          (i) 40% of the money to LEAs; and
201          (ii) 60% of the money to the State Board of Regents.
202          (d) The State Board of Education shall make rules, in accordance with Title 63G,
203     Chapter 3, Utah Administrative Rulemaking Act, providing for the distribution of the money to
204     LEAs under Subsections (2)(b)(i) and (2)(c)(i).
205          (e) The State Board of Regents shall make rules, in accordance with Title 63G, Chapter
206     3, Utah Administrative Rulemaking Act, providing for the distribution of the money allocated
207     to institutions of higher education under Subsections (2)(b)(ii) and (2)(c)(ii).
208          (3) Subject to budget constraints, the Legislature shall annually increase the money
209     appropriated for concurrent enrollment in proportion to the percentage increase over the
210     previous school year in:
211          (a) kindergarten through grade 12 student enrollment; and
212          (b) the value of the weighted pupil unit.
213          Section 8. Section 53A-15-1708 is enacted to read:
214          53A-15-1708. Concurrent enrollment courses for accelerated foreign language
215     students.
216          The State Board of Education and the State Board of Regents may develop and
217     implement a concurrent enrollment course of study for accelerated foreign language students,
218     including dual language immersion students.
219          Section 9. Section 53A-15-1709 is enacted to read:
220          53A-15-1709. Reporting.
221          The State Board of Education and the State Board of Regents shall submit an annual
222     written report to the Higher Education Appropriations Subcommittee and the Public Education
223     Appropriations Subcommittee on student participation in the concurrent enrollment program,
224     including:
225          (1) data on the higher education tuition not charged due to the hours of higher
226     education credit granted through concurrent enrollment;
227          (2) tuition or fees charged under Section 53A-15-1706;
228          (3) an accounting of the money appropriated for concurrent enrollment; and
229          (4) a justification of the distribution method described in Subsections 53A-15-1707(d)
230     and (e).
231          Section 10. Section 53A-17a-105.5 is amended to read:
232          53A-17a-105.5. Flexibility in the use of program funds.
233          (1) As used in this section, "qualifying program" means:
234          (a) the Enhancement for At-Risk Students Program created in Section 53A-17a-166;
235          (b) the Enhancement for Accelerated Students Program created in Section
236     53A-17a-165; and
237          (c) the concurrent enrollment program [created] established in Section [53A-15-101]
238     53A-15-1703.
239          (2) If a school district or charter school receives an allocation of state funds for a
240     qualifying program that is less than $10,000, the school district or charter school may:
241          (a) (i) combine the funds with one or more qualifying program fund allocations each of
242     which is less than $10,000; and
243          (ii) use the combined funds in accordance with the program requirements for any of the
244     qualifying programs that are combined; or
245          (b) (i) transfer the funds to a qualifying program for which the school district or charter
246     school received an allocation of funds that is greater than or equal to $10,000; and
247          (ii) use the combined funds in accordance with the program requirements for the
248     qualifying program to which the funds are transferred.
249          Section 11. Section 53B-1-109 is amended to read:
250          53B-1-109. Coordination of higher education and public education information
251     technology systems -- Use of unique student identifier.
252          (1) As used in this section, "unique student identifier" [has the same meaning as
253     provided] means the same as that term is defined in Section 53A-1-603.5.
254          (2) The State Board of Regents and State Board of Education shall coordinate public
255     education and higher education information technology systems to allow individual student
256     academic achievement to be tracked through both education systems in accordance with this
257     section and Section 53A-1-603.5.
258          (3) Information technology systems utilized at an institution within the state system of
259     higher education shall utilize the unique student identifier of all students who have previously
260     been assigned a unique student identifier.
261          [(4) (a) The State Board of Regents and the State Board of Education shall coordinate
262     advising to a prospective or current high school student who participates in the concurrent
263     enrollment program established in 53A-15-101.]
264          [(b) Advising shall include information on general education requirements at higher
265     education institutions and how the student can efficiently choose concurrent enrollment courses
266     to avoid duplication or excess credit hours.]
267          [(5) (a) Eight weeks after the end of each semester, the State Board of Regents shall
268     make available, to a requesting higher education institution in the state system of higher
269     education that participates in concurrent enrollment, a report listing each public high school
270     student who was enrolled in a concurrent enrollment course and admitted to the requesting
271     higher education institution, including:]
272          [(i) the student's name and unique student identifier;]
273          [(ii) the student's:]
274          [(A) school district and school; or]
275          [(B) charter school;]
276          [(iii) the course name of each concurrent enrollment course taken by the student;]
277          [(iv) the higher education institution where the student enrolled to take each concurrent
278     enrollment course; and]
279          [(v) (A) all the credits the student earned in each concurrent enrollment course; and]
280          [(B) a designation that indicates which credits listed in Subsection (5)(a)(v) the student
281     earned at a grade "C" or higher.]
282          [(b) The board shall report the information described in Subsection (5)(a) for every
283     concurrent enrollment course taken by a student in any year.]
284          Section 12. Repealer.
285          This bill repeals:
286          Section 53A-15-101, Higher education courses in the public schools -- Cooperation
287     between public and higher education -- Partial tuition -- Reporting.
288          Section 53A-15-101.5, Concurrent enrollment instruction in Mandarin Chinese.
289          Section 53A-17a-120.5, Appropriation for concurrent enrollment.




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