1     
HIGHER EDUCATION CREDIT AMENDMENTS

2     
2019 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 enacts and amends provisions related to credit in higher education.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends provisions related to the State Board of Regents' duties regarding
14     articulation, transfers, and course identification;
15          ▸     enacts provisions requiring the State Board of Regents to:
16               •     develop a systemwide plan for advising and communicating about student credit
17     for prior learning; and
18               •     establish policies related to student credit for prior learning;
19          ▸     enacts other provisions related to prior learning;
20          ▸     amends other provisions related to student credit; 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          53B-16-105, as last amended by Laws of Utah 2018, Chapter 435
29          53B-16-107, as last amended by Laws of Utah 2018, Chapter 39

30     ENACTS:
31          53B-16-110, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53B-16-105 is amended to read:
35          53B-16-105. Common course numbering -- Transferability of credits --
36     Agreement with competency-based general education provider -- Policies.
37          (1) As used in this section:
38          (a) "Articulation agreement" means an agreement between the board and a provider
39     that allows a student to transfer credit awarded by the provider for a general education course
40     to any institution of higher education.
41          (b) "Competency-based" means a system where a student advances to higher levels of
42     learning when the student demonstrates competency of concepts and skills regardless of time,
43     place, or pace.
44          (c) "Competency-based general education provider" or "provider" means a private
45     institution that:
46          (i) offers a postsecondary competency-based general education course online or in
47     person;
48          (ii) awards academic credit; and
49          (iii) does not award degrees, including associates degrees or baccalaureate degrees.
50          (d) "Credit for prior learning" means the same as that term is defined in Section
51     53B-16-110.
52          [(d)] (e) "Institution of higher education" means an institution within the Utah System
53     of Higher Education.
54          [(e)] (f) "Regionally accredited institution" means an institution that:
55          (i) offers a competency-based postsecondary general education course online or in
56     person; and
57          (ii) is accredited by a regional accrediting body recognized by the United States

58     Department of Education.
59          [(f)] (g) "Utah System of Higher Education" means the institutions described in
60     Subsection 53B-1-102(1)(a).
61          (2) The board shall:
62          (a) facilitate articulation and the seamless transfer of courses, programs, and credit for
63     prior learning within the Utah System of Higher Education;
64          (b) provide for the efficient and effective progression and transfer of students within
65     the Utah System of Higher Education;
66          (c) avoid the unnecessary duplication of courses; [and]
67          (d) communicate ways in which a student may earn credit for prior learning; and
68          [(d)] (e) allow a student to proceed toward the student's educational objectives as
69     rapidly as the student's circumstances permit.
70          (3) The board shall develop, coordinate, and maintain a transfer and articulation system
71     within the Utah System of Higher Education that:
72          (a) maintains a course numbering system that assigns common numbers to specified
73     courses of similar level with similar curricular content, rigor, and standards;
74          (b) allows a student to [transfer] track courses that transfer among institutions of higher
75     education to meet requirements for general education and lower division courses that transfer
76     to baccalaureate majors;
77          (c) allows a student to transfer courses from a provider with which the board has an
78     articulation agreement to any institution of higher education;
79          (d) allows a student to transfer competency-based general education courses from a
80     regionally accredited institution to an institution of higher education;
81          (e) improves program planning;
82          (f) increases communication and coordination between institutions of higher education;
83     [and]
84          (g) facilitates student acceleration and the transfer of students and credits between
85     institutions of higher education[.]; and

86          (h) if the system includes a software or data tool:
87          (i) provides predictive analysis that models probabilities of student success; and
88          (ii) develops tailored strategies to best support students.
89          (4) (a) The board shall identify general education courses in the humanities, social
90     sciences, arts, physical sciences, and life sciences with uniform prefixes and common course
91     numbers.
92          (b) An institution of higher education shall annually identify institution courses that
93     satisfy requirements of courses described in Subsection (4)(a).
94          [(b)] (c) An institution of higher education shall accept a course described in
95     Subsection (3)(c), (3)(d), or (4)(a) toward filling specific area requirements for general
96     education or lower division courses that transfer to baccalaureate majors.
97          (5) (a) The board shall identify common prerequisite courses and course substitutions
98     for degree programs across institutions of higher education.
99          (b) The commissioner shall appoint committees of faculty members from the
100     institutions of higher education to recommend appropriate courses of similar content and
101     numbering that will satisfy requirements for lower division courses that transfer to
102     baccalaureate majors.
103          (c) An institution of higher education shall annually identify institution courses that
104     satisfy requirements of courses described in Subsection (5)(a).
105          [(c)] (d) An institution of higher education shall accept a course described in
106     Subsection (3)(c), (3)(d), or (5)(a) toward filling graduation requirements.
107          [(6) The board shall identify minimum scores and maximum credit for each:]
108          [(a) College Level Examination Program (CLEP) general examination;]
109          [(b) College Level Examination Program (CLEP) subject examination;]
110          [(c) College Board advanced placement examination; and]
111          [(d) other examination for credit.]
112          [(7) (a) An institution of higher education shall award credit to a student who
113     demonstrates competency by passing a challenge examination.]

114          [(b) An institution of higher education shall award credit for a course for which
115     competency has been demonstrated by successfully passing a challenge examination described
116     in Subsection (6)(a) unless the award of credit duplicates credit already awarded.]
117          [(8)] (6) (a) (i) The board shall seek proposals from providers to enter into articulation
118     agreements.
119          (ii) A proposal described in Subsection [(8)] (6)(a)(i) shall include the general
120     education courses that the provider intends to include in an articulation agreement.
121          (b) The board shall:
122          (i) evaluate each general education course included in a proposal described in
123     Subsection [(8)] (6)(a) to determine whether the course is equally rigorous and includes the
124     same subject matter as the equivalent course offered by any institution of higher education; and
125          (ii) if the board determines that a course included in a provider's proposal is equally
126     rigorous and includes the same subject matter as the equivalent course offered by any
127     institution of higher education, enter into an articulation agreement with the provider.
128          [(9)] (7) The board shall establish policies to administer the policies and requirements
129     described in this section.
130          [(10)] (8) The board shall include information demonstrating that institutions of higher
131     education are complying with the provisions of this section and the policies established in
132     accordance with Subsection [(9)] (7) in the annual report described in Section 53B-1-107.
133          Section 2. Section 53B-16-107 is amended to read:
134          53B-16-107. Credit for military service and training -- Notification --
135     Transferability -- Reporting.
136          (1) As used in this section, "credit" includes proof of equivalent noncredit course
137     completion awarded by a technical college.
138          (2) An institution of higher education listed in Section 53B-2-101 shall provide written
139     notification to each student applying for admission that the student is required to meet with a
140     college counselor in order to receive credit for military service and training as recommended by
141     a postsecondary accreditation agency or association designated by the board or the Utah System

142     of Technical Colleges Board of Trustees if:
143          (a) credit for military service and training is requested by the student; and
144          (b) the student has met with an advisor at an institution of higher education listed in
145     Section 53B-2-101 at which the student intends to enroll to discuss applicability of credit to
146     program requirements, possible financial aid implications, and other factors that may impact
147     attainment of the student's educational goals.
148          (3) Upon transfer within the state system of higher education, a student may present a
149     transcript to the receiving institution of higher education for evaluation and to determine the
150     applicability of credit to the student's program of study, and the receiving institution of higher
151     education shall evaluate the credit to be transferred [pursuant to] in accordance with Subsection
152     (2) and the policies described in Section 53B-16-110.
153          (4) The board and the Utah System of Technical Colleges Board of Trustees shall
154     annually report the number of credits awarded under this section by each institution of higher
155     education to the Department of Veterans and Military Affairs.
156          Section 3. Section 53B-16-110 is enacted to read:
157          53B-16-110. Credit for prior learning -- Board plan and policies -- Reporting.
158          (1) As used in this section:
159          (a) "Credit for prior learning" means credit awarded by an institution to a student who
160     demonstrates, through a prior learning assessment, that the student's prior learning meets
161     college-level competencies.
162          (b) "Institution" means an institution of higher education that is within the Utah System
163     of Higher Education.
164          (c) "Prior learning" means knowledge, skills, or competencies acquired through formal
165     or informal education outside the traditional postsecondary academic environment.
166          (d) "Prior learning assessment" means a method of evaluating or assessing an
167     individual's prior learning.
168          (e) "Utah System of Higher Education" means the institutions described in Subsection
169     53B-1-102(1)(a).

170          (2) On or before November 1, 2019, the board shall develop a systemwide plan for
171     advising and communicating with students and the public about credit for prior learning in the
172     Utah System of Higher Education.
173          (3) (a) On or before November 1, 2019, the board shall establish policies that provide
174     minimum standards for all institutions regarding:
175          (i) accepted forms of prior learning assessments;
176          (ii) awarding credit for prior learning;
177          (iii) transferability of credit for prior learning between institutions;
178          (iv) transcription of credit for prior learning;
179          (v) institutional procedures for maintaining transparency and consistency in awarding
180     credit for prior learning;
181          (vi) communication to faculty, advisors, current students, and prospective students
182     regarding standards and cost related to credit for prior learning and prior learning assessments;
183          (vii) required training of faculty and advisors on prior learning assessment standards
184     and processes; and
185          (viii) portfolio-specific prior learning assessments.
186          (b) The board shall ensure that accepted forms of prior learning assessments described
187     in Subsection (3)(a) include at least the following:
188          (i) program evaluations, completed by an institution, of noncollegiate programs or
189     training courses to recognize proficiencies;
190          (ii) nationally recognized, standardized examinations, including:
191          (A) Advanced Placement examinations;
192          (B) College Level Exam Program general examinations;
193          (C) College Level Exam Program subject examinations; and
194          (D) DANTES Subject Standardized Tests;
195          (iii) customized examinations offered by an institution to verify an individual's learning
196     achievement that may include course final examinations or other examinations that assess
197     general disciplinary knowledge or skill;

198          (iv) evaluations of corporate or military training; and
199          (v) assessments of individuals' portfolios.
200          (4) (a) The board shall establish minimum scores and maximum credit for each
201     standardized examination described in Subsection (3)(b)(ii).
202          (b) An institution shall award credit to a student who demonstrates competency by
203     passing a standardized examination described in Subsection (3)(b)(ii) unless the award of credit
204     duplicates credit already awarded.
205          (5) The board shall:
206          (a) create and maintain a website that provides systemwide and institutional
207     information on prior learning assessments and credit for prior learning; and
208          (b) identify a software or data tool that will support the board in:
209          (i) implementing the plan described in Subsection (2); and
210          (ii) fulfilling the board's requirements described in Section 53B-16-105.
211          (6) On or before the November 2019 interim meeting, the board shall report to the
212     Education Interim Committee on:
213          (a) the plan described in Subsection (2);
214          (b) the policies described in Subsection (3); and
215          (c) the software or data tool described in Subsection (5).
216          (7) On or before May 1, 2020, an institution shall report to the board:
217          (a) steps the institution will take to:
218          (i) implement the plan described in Subsection (2) and the policies described in
219     Subsection (3); and
220          (ii) communicate to students about credit for prior learning, including about the
221     policies described in Subsection (3);
222          (b) a timeline for the steps described in Subsection (7)(a); and
223          (c) each form of prior learning assessment for which the institution provides credit for
224     prior learning that is not described in Subsection (3)(b).
225          (8) An institution shall annually report to the board on:

226          (a) each form of prior learning assessment for which the institution provides credit for
227     prior learning; and
228          (b) the total amount of credit for prior learning the institution provides to students.