Chief Sponsor: Howard A. Stephenson

House Sponsor: Val L. Peterson


9     General Description:
10          This bill requires an institution of higher education to accept certain competency-based
11     credit.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     allows a student to transfer credit earned for a competency-based general education
16     course offered by a regionally accredited institution or private provider under
17     certain conditions;
18          ▸     requires the State Board of Regents to enter into an articulation agreement with a
19     private competency-based general education provider under certain conditions; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53B-16-105, as enacted by Laws of Utah 2004, Chapter 125


29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53B-16-105 is amended to read:
31          53B-16-105. Common course numbering -- Credit by examination --
32     Transferability of credits -- Agreement with competency-based general education
33     provider -- Policies.
34          (1) As used in this section:
35          (a) "Articulation agreement" means an agreement between the board and a provider
36     that allows a student to transfer credit awarded by the provider for a general education course
37     to any institution of higher education.
38          (b) "Competency-based" means a system where a student advances to higher levels of
39     learning when the student demonstrates competency of concepts and skills regardless of time,
40     place, or pace.
41          (c) "Competency-based general education provider" or "provider" means a private
42     institution that:
43          (i) offers a postsecondary competency-based general education course online or in
44     person;
45          (ii) awards academic credit; and
46          (iii) does not award degrees, including associates degrees or baccalaureate degrees.
47          (d) "Institution of higher education" means an institution within the Utah System of
48     Higher Education.
49          (e) "Regionally accredited institution" means an institution that:
50          (i) offers a competency-based postsecondary general education course online or in
51     person; and
52          (ii) is accredited by a regional accrediting body recognized by the United States
53     Department of Education.
54          (f) "Utah System of Higher Education" means the institutions described in Subsection
55     53B-1-102(1)(a).
56          [(1)] (2) The board shall:
57          (a) facilitate articulation and the seamless transfer of courses within the [state system
58     of higher education] Utah System of Higher Education;

59          (b) provide for the efficient and effective progression and transfer of students within
60     the [state system of higher education] Utah System of Higher Education;
61          (c) avoid the unnecessary duplication of courses; and
62          (d) allow [students] a student to proceed toward [their] the student's educational
63     objectives as rapidly as [their] the student's circumstances permit.
64          [(2)] (3) The board shall develop, coordinate, and maintain a transfer and articulation
65     system within the [state system of higher education] Utah System of Higher Education that:
66          (a) maintains a course numbering system that assigns common numbers to specified
67     courses of similar level with similar curricular content, rigor, and standards;
68          (b) allows [students] a student to transfer courses among institutions of higher
69     education to meet requirements for general education and lower division courses that transfer
70     to baccalaureate majors;
71          (c) allows a student to transfer courses from a provider with which the board has an
72     articulation agreement to any institution of higher education;
73          (d) allows a student to transfer competency-based general education courses from a
74     regionally accredited institution to an institution of higher education;
75          [(c)] (e) improves program planning;
76          [(d)] (f) increases [communications] communication and coordination between
77     institutions of higher education; and
78          [(e)] (g) facilitates student acceleration and the transfer of students and credits between
79     institutions of higher education.
80          [(3)] (4) (a) The board shall identify general education courses in the humanities, social
81     sciences, arts, physical sciences, and life sciences with uniform prefixes and common course
82     numbers.
83          (b) [All institutions] An institution of higher education shall accept [the courses] a
84     course described [under Subsection (3)(a)] in Subsection (3)(c), (3)(d), or (4)(a) toward filling
85     specific area requirements for general education or lower division courses that transfer to
86     baccalaureate majors.
87          [(4)] (5) (a) The board shall identify common prerequisite courses and course
88     substitutions for degree programs across [all] institutions of higher education.
89          (b) The commissioner shall appoint committees of faculty members from the

90     institutions of higher education to recommend appropriate courses of similar content and
91     numbering that will satisfy requirements for lower division courses that transfer to
92     baccalaureate majors.
93          (c) [All institutions] An institution of higher education shall accept [the courses
94     approved under] a course described in Subsection [(4)(a)] (3)(c), (3)(d), or (5)(a) toward filling
95     graduation requirements.
96          [(5)] (6) The board shall identify minimum scores and maximum credit for each:
97          (a) College Level Examination Program (CLEP) general examination;
98          (b) College Level Examination Program (CLEP) subject examination;
99          (c) College Board advanced placement examination; and
100          (d) other examination for credit.
101          [(6)] (7) (a) [Institutions] An institution of higher education shall award credit [if
102     competencies have been demonstrated] to a student who demonstrates competency by passing a
103     challenge examination.
104          (b) [Institutions] An institution of higher education shall award credit for [the specific
105     courses] a course for which competency has been demonstrated by successfully passing a
106     challenge examination described [under] in Subsection [(5)] (6)(a) unless the award of credit
107     duplicates credit already awarded.
108          (8) (a) (i) The board shall seek proposals from providers to enter into articulation
109     agreements.
110          (ii) A proposal described in Subsection (8)(a)(i) shall include the general education
111     courses that the provider intends to include in an articulation agreement.
112          (b) The board shall:
113          (i) evaluate each general education course included in a proposal described in
114     Subsection (8)(a) to determine whether the course is equally rigorous and includes the same
115     subject matter as the equivalent course offered by any institution of higher education; and
116          (ii) if the board determines that a course included in a provider's proposal is equally
117     rigorous and includes the same subject matter as the equivalent course offered by any
118     institution of higher education, enter into an articulation agreement with the provider.
119          [(7)] (9) The board shall establish policies to administer the policies and requirements
120     [under Subsections (2) through (6)] described in this section.

121          [(8)] (10) The board shall include information demonstrating that institutions of higher
122     education are complying with the provisions of this section and the policies established in
123     accordance with Subsection [(7)] (9) in the annual report [of its activities to the governor and to
124     the Legislature required under] described in Section 53B-1-107.

Legislative Review Note
Office of Legislative Research and General Counsel