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     Committee Note:
9          The Education Interim Committee recommended this bill.
10     General Description:
11          This bill enacts and amends provisions related to credit in higher education.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     amends provisions related to the State Board of Regents' duties regarding
16     articulation, transfers, and course identification;
17          ▸     enacts provisions requiring the State Board of Regents to:
18               •     develop a systemwide plan for advising and communicating about student credit
19     for prior learning; and
20               •     establish policies related to student credit for prior learning;
21          ▸     enacts other provisions related to prior learning;
22          ▸     amends other provisions related to student credit; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          53B-16-105, as last amended by Laws of Utah 2018, Chapter 435
31          53B-16-107, as last amended by Laws of Utah 2018, Chapter 39
32     ENACTS:
33          53B-16-110, Utah Code Annotated 1953
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53B-16-105 is amended to read:
37          53B-16-105. Common course numbering -- Transferability of credits --
38     Agreement with competency-based general education provider -- Policies.
39          (1) As used in this section:
40          (a) "Articulation agreement" means an agreement between the board and a provider
41     that allows a student to transfer credit awarded by the provider for a general education course
42     to any institution of higher education.
43          (b) "Competency-based" means a system where a student advances to higher levels of
44     learning when the student demonstrates competency of concepts and skills regardless of time,
45     place, or pace.
46          (c) "Competency-based general education provider" or "provider" means a private
47     institution that:
48          (i) offers a postsecondary competency-based general education course online or in
49     person;
50          (ii) awards academic credit; and
51          (iii) does not award degrees, including associates degrees or baccalaureate degrees.
52          (d) "Credit for prior learning" means the same as that term is defined in Section
53     53B-16-110.
54          [(d)] (e) "Institution of higher education" means an institution within the Utah System
55     of Higher Education.
56          [(e)] (f) "Regionally accredited institution" means an institution that:
57          (i) offers a competency-based postsecondary general education course online or in
58     person; and
59          (ii) is accredited by a regional accrediting body recognized by the United States
60     Department of Education.
61          [(f)] (g) "Utah System of Higher Education" means the institutions described in
62     Subsection 53B-1-102(1)(a).
63          (2) The board shall:
64          (a) facilitate articulation and the seamless transfer of courses, programs, and credit for
65     prior learning within the Utah System of Higher Education;
66          (b) provide for the efficient and effective progression and transfer of students within
67     the Utah System of Higher Education;
68          (c) avoid the unnecessary duplication of courses; [and]
69          (d) communicate ways in which a student may earn credit for prior learning; and
70          [(d)] (e) allow a student to proceed toward the student's educational objectives as
71     rapidly as the student's circumstances permit.
72          (3) The board shall develop, coordinate, and maintain a transfer and articulation system
73     within the Utah System of Higher Education that:
74          (a) maintains a course numbering system that assigns common numbers to specified
75     courses of similar level with similar curricular content, rigor, and standards;
76          (b) allows a student to [transfer] track courses that transfer among institutions of higher
77     education to meet requirements for general education and lower division courses that transfer
78     to baccalaureate majors;
79          (c) allows a student to transfer courses from a provider with which the board has an
80     articulation agreement to any institution of higher education;
81          (d) allows a student to transfer competency-based general education courses from a
82     regionally accredited institution to an institution of higher education;
83          (e) improves program planning;
84          (f) increases communication and coordination between institutions of higher education;
85     [and]
86          (g) facilitates student acceleration and the transfer of students and credits between
87     institutions of higher education[.]; and
88          (h) if the system includes a software or data tool:
89          (i) provides predictive analysis that models probabilities of student success; and
90          (ii) develops tailored strategies to best support students.
91          (4) (a) The board shall identify general education courses in the humanities, social
92     sciences, arts, physical sciences, and life sciences with uniform prefixes and common course
93     numbers.
94          (b) An institution of higher education shall annually identify institution courses that
95     satisfy requirements of courses described in Subsection (4)(a).
96          [(b)] (c) An institution of higher education shall accept a course described in
97     Subsection (3)(c), (3)(d), or (4)(a) toward filling specific area requirements for general
98     education or lower division courses that transfer to baccalaureate majors.
99          (5) (a) The board shall identify common prerequisite courses and course substitutions
100     for degree programs across institutions of higher education.
101          (b) The commissioner shall appoint committees of faculty members from the
102     institutions of higher education to recommend appropriate courses of similar content and
103     numbering that will satisfy requirements for lower division courses that transfer to
104     baccalaureate majors.
105          (c) An institution of higher education shall annually identify institution courses that
106     satisfy requirements of courses described in Subsection (5)(a).
107          [(c)] (d) An institution of higher education shall accept a course described in
108     Subsection (3)(c), (3)(d), or (5)(a) toward filling graduation requirements.
109          [(6) The board shall identify minimum scores and maximum credit for each:]
110          [(a) College Level Examination Program (CLEP) general examination;]
111          [(b) College Level Examination Program (CLEP) subject examination;]
112          [(c) College Board advanced placement examination; and]
113          [(d) other examination for credit.]
114          [(7) (a) An institution of higher education shall award credit to a student who
115     demonstrates competency by passing a challenge examination.]
116          [(b) An institution of higher education shall award credit for a course for which
117     competency has been demonstrated by successfully passing a challenge examination described
118     in Subsection (6)(a) unless the award of credit duplicates credit already awarded.]
119          [(8)] (6) (a) (i) The board shall seek proposals from providers to enter into articulation
120     agreements.
121          (ii) A proposal described in Subsection [(8)] (6)(a)(i) shall include the general
122     education courses that the provider intends to include in an articulation agreement.
123          (b) The board shall:
124          (i) evaluate each general education course included in a proposal described in
125     Subsection [(8)] (6)(a) to determine whether the course is equally rigorous and includes the
126     same subject matter as the equivalent course offered by any institution of higher education; and
127          (ii) if the board determines that a course included in a provider's proposal is equally
128     rigorous and includes the same subject matter as the equivalent course offered by any
129     institution of higher education, enter into an articulation agreement with the provider.
130          [(9)] (7) The board shall establish policies to administer the policies and requirements
131     described in this section.
132          [(10)] (8) The board shall include information demonstrating that institutions of higher
133     education are complying with the provisions of this section and the policies established in
134     accordance with Subsection [(9)] (7) in the annual report described in Section 53B-1-107.
135          Section 2. Section 53B-16-107 is amended to read:
136          53B-16-107. Credit for military service and training -- Notification --
137     Transferability -- Reporting.
138          (1) As used in this section, "credit" includes proof of equivalent noncredit course
139     completion awarded by a technical college.
140          (2) An institution of higher education listed in Section 53B-2-101 shall provide written
141     notification to each student applying for admission that the student is required to meet with a
142     college counselor in order to receive credit for military service and training as recommended by
143     a postsecondary accreditation agency or association designated by the board or the Utah System
144     of Technical Colleges Board of Trustees if:
145          (a) credit for military service and training is requested by the student; and
146          (b) the student has met with an advisor at an institution of higher education listed in
147     Section 53B-2-101 at which the student intends to enroll to discuss applicability of credit to
148     program requirements, possible financial aid implications, and other factors that may impact
149     attainment of the student's educational goals.
150          (3) Upon transfer within the state system of higher education, a student may present a
151     transcript to the receiving institution of higher education for evaluation and to determine the
152     applicability of credit to the student's program of study, and the receiving institution of higher
153     education shall evaluate the credit to be transferred [pursuant to] in accordance with Subsection
154     (2) and the policies described in Section 53B-16-110.
155          (4) The board and the Utah System of Technical Colleges Board of Trustees shall
156     annually report the number of credits awarded under this section by each institution of higher
157     education to the Department of Veterans and Military Affairs.
158          Section 3. Section 53B-16-110 is enacted to read:
159          53B-16-110. Credit for prior learning -- Board plan and policies -- Reporting.
160          (1) As used in this section:
161          (a) "Credit for prior learning" means credit awarded by an institution to a student who
162     demonstrates, through a prior learning assessment, that the student's prior learning meets
163     college-level competencies.
164          (b) "Institution" means an institution of higher education that is within the Utah System
165     of Higher Education.
166          (c) "Prior learning" means knowledge, skills, or competencies acquired through formal
167     or informal education outside the traditional postsecondary academic environment.
168          (d) "Prior learning assessment" means a method of evaluating or assessing an
169     individual's prior learning.
170          (e) "Utah System of Higher Education" means the institutions described in Subsection
171     53B-1-102(1)(a).
172          (2) On or before November 1, 2019, the board shall develop a systemwide plan for
173     advising and communicating with students and the public about credit for prior learning in the
174     Utah System of Higher Education.
175          (3) (a) On or before November 1, 2019, the board shall establish policies that provide
176     minimum standards for all institutions regarding:
177          (i) accepted forms of prior learning assessments;
178          (ii) awarding credit for prior learning;
179          (iii) transferability of credit for prior learning between institutions;
180          (iv) transcription of credit for prior learning;
181          (v) institutional procedures for maintaining transparency and consistency in awarding
182     credit for prior learning;
183          (vi) communication to faculty, advisors, current students, and prospective students
184     regarding standards and cost related to credit for prior learning and prior learning assessments;
185          (vii) required training of faculty and advisors on prior learning assessment standards
186     and processes; and
187          (viii) portfolio-specific prior learning assessments.
188          (b) The board shall ensure that accepted forms of prior learning assessments described
189     in Subsection (3)(a) include at least the following:
190          (i) program evaluations, completed by an institution, of noncollegiate programs or
191     training courses to recognize proficiencies;
192          (ii) nationally recognized, standardized examinations, including:
193          (A) Advanced Placement examinations;
194          (B) College Level Exam Program general examinations;
195          (C) College Level Exam Program subject examinations; and
196          (D) DANTES Subject Standardized Tests;
197          (iii) customized examinations offered by an institution to verify an individual's learning
198     achievement that may include course final examinations or other examinations that assess
199     general disciplinary knowledge or skill;
200          (iv) evaluations of corporate or military training; and
201          (v) assessments of individuals' portfolios.
202          (4) (a) The board shall establish minimum scores and maximum credit for each
203     standardized examination described in Subsection (3)(b)(ii).
204          (b) An institution shall award credit to a student who demonstrates competency by
205     passing a standardized examination described in Subsection (3)(b)(ii) unless the award of credit
206     duplicates credit already awarded.
207          (5) The board shall:
208          (a) create and maintain a website that provides systemwide and institutional
209     information on prior learning assessments and credit for prior learning; and
210          (b) identify a software or data tool that will support the board in:
211          (i) implementing the plan described in Subsection (2); and
212          (ii) fulfilling the board's requirements described in Section 53B-16-105.
213          (6) On or before the November 2019 interim meeting, the board shall report to the
214     Education Interim Committee on:
215          (a) the plan described in Subsection (2);
216          (b) the policies described in Subsection (3); and
217          (c) the software or data tool described in Subsection (5).
218          (7) On or before May 1, 2020, an institution shall report to the board:
219          (a) steps the institution will take to:
220          (i) implement the plan described in Subsection (2) and the policies described in
221     Subsection (3); and
222          (ii) communicate to students about credit for prior learning, including about the
223     policies described in Subsection (3);
224          (b) a timeline for the steps described in Subsection (7)(a); and
225          (c) each form of prior learning assessment for which the institution provides credit for
226     prior learning that is not described in Subsection (3)(b).
227          (8) An institution shall annually report to the board on:
228          (a) each form of prior learning assessment for which the institution provides credit for
229     prior learning; and
230          (b) the total amount of credit for prior learning the institution provides to students.