1     
CONCURRENT ENROLLMENT ENHANCEMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Winder

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to eligible instructors for concurrent enrollment
10     courses.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the State Board of Regents to establish a policy describing required
15     qualifications for an individual to be an eligible instructor for a concurrent
16     enrollment course;
17          ▸     repeals requirements related to eligible instructors, including a requirement that
18     certain eligible instructors be approved as adjunct faculty by an institution of higher
19     education;
20           ▸     requires that certain individuals meet requirements established by the State Board of
21     Regents in order to be eligible instructors; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a coordination clause.
27     Utah Code Sections Affected:
28     AMENDS:
29          53E-10-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
30          53E-10-302, as renumbered and amended by Laws of Utah 2018, Chapter 1
31          53E-10-305, as renumbered and amended by Laws of Utah 2018, Chapter 1
32          53E-10-307, as renumbered and amended by Laws of Utah 2018, Chapter 1
33     Utah Code Sections Affected by Coordination Clause:
34          53E-10-302, as renumbered and amended by Laws of Utah 2018, Chapter 1
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 53E-10-301 is amended to read:
38          53E-10-301. Definitions.
39          (1) "Concurrent enrollment" means enrollment in a course offered through the
40     concurrent enrollment program described in Section 53E-10-302.
41          (2) "Educator" means the same as that term is defined in Section 53E-6-102.
42          (3) "Eligible instructor" means an instructor who [is:] meets the requirements described
43     in Subsection 53E-10-302(5).
44          [(a) employed as faculty by an institution of higher education; or]
45          [(b) (i) employed by an LEA;]
46          [(ii) licensed by the State Board of Education under Chapter 6, Education Professional
47     Licensure;]
48          [(iii) (A) approved as adjunct faculty by an institution of higher education; or]
49          [(B) a mathematics educator who has an upper level mathematics endorsement; and]
50          [(iv) supervised by an institution of higher education.]
51          (4) "Eligible student" means a student who:
52          (a) is enrolled in, and counted in average daily membership in, a high school within the
53     state;
54          (b) has a plan for college and career readiness, as described in Section 53E-2-304, on
55     file at a high school within the state; and
56          (c) (i) is a grade 11 or grade 12 student; or
57          (ii) is a grade 9 or grade 10 student who qualifies by exception as described in Section
58     53E-10-302.
59          (5) "Endorsement" means a stipulation, authorized by the State Board of Education and
60     appended to a license, that specifies an area of practice to which the license applies.
61          (6) "Institution of higher education" means [the same as that term is defined in Section
62     53B-3-102] an institution that is part of the Utah System of Higher Education described in
63     Subsection 53B-1-102(1)(a).
64          (7) "License" means the same as that term is defined in Section 53E-6-102.
65          (8) "Local education agency" or "LEA" means a school district or charter school.
66          [(9) "Participating eligible student" means an eligible student enrolled in a concurrent
67     enrollment course.]
68          [(10)] (9) "Upper level mathematics endorsement" means an endorsement required by
69     the State Board of Education for an educator to teach calculus.
70          [(11)] (10) "Value of the weighted pupil unit" means the [same as that term is defined
71     in Section 53F-4-301] amount established each year in the enacted public education budget that
72     is multiplied by the number of weighted pupil units to yield the funding level for the basic
73     state-supported school program.
74          Section 2. Section 53E-10-302 is amended to read:
75          53E-10-302. Concurrent enrollment program.
76          (1) The State Board of Education and the State Board of Regents shall establish and
77     maintain a concurrent enrollment program that:
78          (a) provides an eligible student the opportunity to enroll in a course that allows the
79     eligible student to earn credit concurrently:
80          (i) toward high school graduation; and
81          (ii) at an institution of higher education;
82          (b) includes only [courses] a course that:
83          (i) [lead] leads to a degree or certificate offered by an institution of higher education;
84     and
85          (ii) [are] is one of the following:
86          (A) a general education [courses] course;
87          (B) a career and technical education [courses] course;
88          (C) a pre-major college level [courses] course; or
89          (D) a foreign language concurrent enrollment [courses] course described in Section
90     53E-10-307; [and]
91          (c) requires that the instructor of a concurrent enrollment course is an eligible
92     instructor; and
93          [(c)] (d) is designed and implemented to take full advantage of the most current
94     available education technology.
95          (2) The State Board of Education and the State Board of Regents shall coordinate to:
96          (a) [to] establish a concurrent enrollment course approval process that ensures:
97          (i) credit awarded for concurrent enrollment is consistent and transferable to all
98     institutions of higher education; and
99          (ii) learning outcomes for a concurrent enrollment [courses] course align with:
100          (A) core standards for Utah public schools adopted by the State Board of Education;
101     and
102          (B) except for a foreign language concurrent enrollment [courses] course described in
103     Section 53E-10-307, an institution of higher education lower division [courses] course
104     numbered at or above the 1000 level; and
105          (b) provide advising to an eligible [students] student, including information on:
106          (i) [providing information on] general education requirements at institutions of higher
107     education; and
108          (ii) [choosing] how to choose concurrent enrollment courses to avoid duplication or
109     excess credit hours.
110          (3) [The] After consultation with institution of higher education concurrent enrollment
111     directors, the State Board of Regents shall:
112          (a) provide guidelines to an institution of higher education for establishing qualifying
113     academic criteria for an eligible student to enroll in a concurrent enrollment course[.]; and
114          (b) on or before January 1, 2019, establish a policy that:
115          (i) describes the qualifications for an LEA employee to be an eligible instructor; and
116          (ii) ensures that the qualifications described in Subsection (3)(b)(i):
117          (A) maximize concurrent enrollment opportunities for eligible students while
118     maintaining quality; and
119          (B) allow for an individual who teaches a concurrent enrollment course in the 2017-18
120     or 2018-19 school year to continue to teach the concurrent enrollment course in subsequent
121     years.
122          (4) To qualify for funds under Section 53F-2-409, an LEA and an institution of higher
123     education shall:
124          (a) enter into a contract, in accordance with Section 53E-10-303, to provide one or
125     more concurrent enrollment courses that are approved under the course approval process
126     described in Subsection (2);
127          (b) ensure that an instructor who teaches a concurrent enrollment course is an eligible
128     instructor;
129          (c) establish qualifying academic criteria for an eligible student to enroll in a
130     concurrent enrollment course, in accordance with the guidelines described in Subsection (3)(a);
131          (d) ensure that a student who enrolls in a concurrent enrollment course is an eligible
132     student; and
133          (e) coordinate advising to eligible students.
134          (5) (a) An institution of higher education faculty member is an eligible instructor.
135          (b) An LEA employee is an eligible instructor if the LEA employee:
136          (i) is licensed under Chapter 6, Education Professional Licensure;
137          (ii) is supervised by an institution of higher education; and
138          (iii) (A) meets the qualifications described in the policy established under Subsection
139     (3)(b); or
140          (B) has an upper level mathematics endorsement.
141          (c) Notwithstanding Subsection (5)(b)(iii), an LEA employee is an eligible instructor
142     if:
143          (i) the State Board of Regents has not established the policy described in Subsection
144     (3)(b); and
145          (ii) the LEA employee:
146          (A) meets the requirements described in Subsections (5)(b)(i) and (ii); and
147          (B) is approved as adjunct faculty by an institution of higher education.
148          [(5)] (6) An LEA and an institution of higher education may qualify a grade 9 or grade
149     10 student to enroll in a current enrollment course by exception, including a student who
150     otherwise qualifies to take a foreign language concurrent enrollment course described in
151     Section 53E-10-307.
152          [(6)] (7) An institution of higher education shall accept credits earned by a student who
153     completes a concurrent enrollment course on the same basis as credits earned by a full-time or
154     part-time student enrolled at the institution of higher education.
155          [(7) An institution of higher education shall require an eligible instructor to submit to a
156     background check and ongoing monitoring, as described in Section 53G-11-402, in the same
157     manner as a non-licensed employee of an LEA, if the eligible instructor:]
158          [(a) teaches a concurrent enrollment course in a high school; and]
159          [(b) is not licensed by the State Board of Education under Chapter 6, Education
160     Professional Licensure.]
161          Section 3. Section 53E-10-305 is amended to read:
162          53E-10-305. Tuition and fees.
163          (1) Except as provided in this section, the State Board of Regents or an institution of
164     higher education may not charge tuition or fees for a concurrent enrollment course.
165          (2) (a) The State Board of Regents may charge a one-time fee for a student to
166     participate in the concurrent enrollment program.
167          (b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
168     admission application fee requirement for a full-time or part-time student at an institution of
169     higher education.
170          (3) (a) An institution of higher education may charge a one-time admission application
171     fee for concurrent enrollment course credit offered by the institution of higher education.
172          (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
173     application fee requirement for a full-time or part-time student at an institution of higher
174     education.
175          (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
176     charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
177     for which a student earns college credit.
178          (b) [A higher education institution] An institution of higher education may not charge
179     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 [53E-10-301(3)(b)] 53E-10-302(5)(c); or
184          (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
185     conferencing.
186          Section 4. Section 53E-10-307 is amended to read:
187          53E-10-307. Concurrent enrollment courses for accelerated foreign language
188     students.
189          (1) As used in this section:
190          (a) "Accelerated foreign language student" means a student who:
191          (i) has passed a world language advanced placement exam; and
192          (ii) is in grade 10, grade 11, or grade 12.
193          (b) "Blended learning delivery model" means an education delivery model in which a
194     student learns, at least in part:
195          (i) through online learning with an element of student control over time, place, path,
196     and pace; and
197          (ii) in the physical presence of an instructor.
198          (c) "State university" means an institution of higher education that offers courses
199     leading to a bachelor's degree.
200          (2) The University of Utah shall partner with all state universities to develop, as part of
201     the concurrent enrollment program described in this part, concurrent enrollment courses that:
202          (a) are age-appropriate foreign language courses for accelerated foreign language
203     students who are eligible students;
204          (b) count toward a foreign language degree offered by an institution of higher
205     education; and
206          (c) are delivered:
207          (i) using a blended learning delivery model; and
208          (ii) by an eligible instructor [that is faculty of a state institution of higher education]
209     described in Subsection 53E-10-302(5)(b).
210          Section 5. Coordinating H.B. 237 with H.B. 46 -- Technical amendments.
211          If this H.B. 237 and H.B. 46, Educator Licensing Modifications, both pass and become
212     law, it is the intent of the Legislature that the Office of Legislative Research and General
213     Counsel, in preparing the Utah Code database for publication, change the language in
214     Subsection 53E-10-302(5)(b)(iii)(B) from "upper level mathematics endorsement" to "upper
215     level mathematics credential issued by the State Board of Education".