Representative Mike Winder proposes the following substitute bill:


1     
CONCURRENT ENROLLMENT MODIFICATIONS

2     
2019 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 instructors for concurrent enrollment courses.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends qualifications for a local education agency employee to be an eligible
14     instructor for a concurrent enrollment course;
15          ▸     requires the State Board of Regents to establish policies related to eligible
16     instructors;
17          ▸     amends cross-references related to eligible instructors; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53E-10-301, as last amended by Laws of Utah 2018, Chapters 22, 410 and renumbered
26     and amended by Laws of Utah 2018, Chapter 1
27          53E-10-302, as last amended by Laws of Utah 2018, Chapter 410 and renumbered and
28     amended by Laws of Utah 2018, Chapter 1
29          53E-10-305, as last amended by Laws of Utah 2018, Chapter 410 and renumbered and
30     amended by Laws of Utah 2018, Chapter 1
31          53E-10-307, as last amended by Laws of Utah 2018, Chapter 410 and renumbered and
32     amended by Laws of Utah 2018, Chapter 1
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53E-10-301 is amended to read:
36          53E-10-301. Definitions.
37          (1) "Career and technical education course" means a concurrent enrollment course in
38     career and technical education, as determined by the policy established by the State Board of
39     Regents under Section 53E-10-302.
40          [(1)] (2) "Concurrent enrollment" means enrollment in a course offered through the
41     concurrent enrollment program described in Section 53E-10-302.
42          [(2)] (3) "Educator" means the same as that term is defined in Section 53E-6-102.
43          [(3)] (4) "Eligible instructor" means an instructor who meets the requirements
44     described in Subsection 53E-10-302(5).
45          [(4)] (5) "Eligible student" means a student who:
46          (a) is enrolled in, and counted in average daily membership in, a high school within the
47     state;
48          (b) has a plan for college and career readiness, as described in Section 53E-2-304, on
49     file at a high school within the state; and
50          (c) (i) is a grade 11 or grade 12 student; or
51          (ii) is a grade 9 or grade 10 student who qualifies by exception as described in Section
52     53E-10-302.
     
53          [(5)] (6) "Institution of higher education" means an institution that is part of the Utah
54     System of Higher Education described in Subsection 53B-1-102(1)(a).
55          [(6)] (7) "License" means the same as that term is defined in Section 53E-6-102.
56          [(7)] (8) "Local education agency" or "LEA" means a school district or charter school.
57          (9) "Qualifying experience" means an LEA employee's experience in an academic field
58     that:
59          (a) qualifies the LEA employee to teach a concurrent enrollment course in the
60     academic field; and
61          (b) may include the LEA employee's:
62          (i) number of years teaching in the academic field;
63          (ii) holding a higher level secondary teaching credential issued by the state board;
64          (iii) research, publications, or other scholarly work in the academic field;
65          (iv) continuing professional education in the academic field;
66          (v) portfolio of work related to the academic field; or
67          (vi) professional work experience or certifications in the academic field.
68          [(8)] (10) "Value of the weighted pupil unit" means the amount established each year
69     in the enacted public education budget that is multiplied by the number of weighted pupil units
70     to yield the funding level for the basic state-supported school program.
71          Section 2. Section 53E-10-302 is amended to read:
72          53E-10-302. Concurrent enrollment program.
73          (1) The State Board of Education and the State Board of Regents shall establish and
74     maintain a concurrent enrollment program that:
75          (a) provides an eligible student the opportunity to enroll in a course that allows the
76     eligible student to earn credit concurrently:
77          (i) toward high school graduation; and
78          (ii) at an institution of higher education;
79          (b) includes only a course that:
80          (i) leads to a degree or certificate offered by an institution of higher education; and
81          (ii) is one of the following:
82          (A) a general education course;
83          (B) a career and technical education course;
84          (C) a pre-major college level course; or
85          (D) a foreign language concurrent enrollment course described in Section 53E-10-307;
86          (c) requires that the instructor of a concurrent enrollment course is an eligible
87     instructor; and
88          (d) is designed and implemented to take full advantage of the most current available
89     education technology.
90          (2) The State Board of Education and the State Board of Regents shall coordinate to:
91          (a) establish a concurrent enrollment course approval process that ensures:
92          (i) credit awarded for concurrent enrollment is consistent and transferable to all
93     institutions of higher education; and
94          (ii) learning outcomes for a concurrent enrollment course align with:
95          (A) core standards for Utah public schools adopted by the State Board of Education;
96     and
97          (B) except for a foreign language concurrent enrollment course described in Section
98     53E-10-307, an institution of higher education lower division course numbered at or above the
99     1000 level; and
100          (b) provide advising to an eligible student, including information on:
101          (i) general education requirements at institutions of higher education; and
102          (ii) how to choose concurrent enrollment courses to avoid duplication or excess credit
103     hours.
104          (3) After consultation with institution of higher education concurrent enrollment
105     directors, the State Board of Regents shall:
106          (a) provide guidelines to an institution of higher education for establishing qualifying
107     academic criteria for an eligible student to enroll in a concurrent enrollment course; and
108          (b) on or before [January] July 1, 2019, establish a policy that:
109          [(i) describes the qualifications for an LEA employee to be an eligible instructor; and]
110          [(ii) ensures that the qualifications described in Subsection (3)(b)(i):]
111          [(A) maximize concurrent enrollment opportunities for eligible students while
112     maintaining quality; and]
113          [(B) allow for an individual who teaches a concurrent enrollment course in the 2017-18
114     or 2018-19 school year to continue to teach the concurrent enrollment course in subsequent
115     years.]
116          (i) determines which concurrent enrollment courses are career and technical education
117     courses; and
118          (ii) creates a process for:
119          (A) an LEA to appeal an institution of higher education's decision under Subsection (6)
120     if the institution of higher education does not approve an LEA employee as an eligible
121     instructor; and
122          (B) an LEA or institution of higher education to determine whether an eligible
123     instructor who previously taught a concurrent enrollment course is no longer qualified to teach
124     the concurrent enrollment course.
125          (4) To qualify for funds under Section 53F-2-409, an LEA and an institution of higher
126     education shall:
127          (a) enter into a contract, in accordance with Section 53E-10-303, to provide one or
128     more concurrent enrollment courses that are approved under the course approval process
129     described in Subsection (2);
130          (b) ensure that an instructor who teaches a concurrent enrollment course is an eligible
131     instructor;
132          (c) establish qualifying academic criteria for an eligible student to enroll in a
133     concurrent enrollment course, in accordance with the guidelines described in Subsection (3)(a);
134          (d) ensure that a student who enrolls in a concurrent enrollment course is an eligible
135     student; and
136          (e) coordinate advising to eligible students.
137          (5) (a) An institution of higher education faculty member is an eligible instructor.
138          (b) An LEA employee is an eligible instructor if the LEA employee:
139          (i) is licensed under Chapter 6, Education Professional Licensure;
140          (ii) is supervised by an institution of higher education; and
141          [(iii) (A) meets the qualifications described in the policy established under Subsection
142     (3)(b); or]
143          [(B) has an upper level mathematics credential issued by the State Board of Education.]
144          [(c) Notwithstanding Subsection (5)(b)(iii), an LEA employee is an eligible instructor
145     if:]
146          [(i) the State Board of Regents has not established the policy described in Subsection
147     (3)(b); and]
148          [(ii) the LEA employee:]
149          [(A) meets the requirements described in Subsections (5)(b)(i) and (ii); and]
150          [(B) is approved as adjunct faculty by an institution of higher education.]
151          (iii) (A) as described in Subsection (6), is approved as an eligible instructor by the
152     institution of higher education that provides the concurrent enrollment course taught by the
153     LEA employee;
154          (B) has an upper level mathematics credential issued by the State Board of Education;
155          (C) is approved as adjunct faculty by the institution of higher education that provides
156     the concurrent enrollment course taught by the LEA employee; or
157          (D) teaches a concurrent enrollment course that the LEA employee taught during the
158     2018-19 or 2019-20 school year.
159          (6) An institution of higher education shall approve an LEA employee as an eligible
160     instructor:
161          (a) for a career and technical education concurrent enrollment course, if the LEA
162     employee has:
163          (i) a degree, certificate, or industry certification in the concurrent enrollment course's
164     academic field; or
165          (ii) qualifying experience, as determined by the institution of higher education; or
166          (b) for a concurrent enrollment course other than a career and technical education
167     course, if the LEA employee has:
168          (i) a master's degree or higher in the concurrent enrollment course's academic field;
169          (ii) (A) a master's degree or higher in any academic field; and
170          (B) at least 18 completed credit hours of graduate course work in an academic field
171     that is relevant to the concurrent enrollment course; or
172          (iii) qualifying experience, as determined by the institution of higher education.
173          [(6)] (7) An LEA and an institution of higher education may qualify a grade 9 or grade
174     10 student to enroll in a current enrollment course by exception, including a student who
175     otherwise qualifies to take a foreign language concurrent enrollment course described in
176     Section 53E-10-307.
177          [(7)] (8) An institution of higher education shall accept credits earned by a student who
178     completes a concurrent enrollment course on the same basis as credits earned by a full-time or
179     part-time student enrolled at the institution of higher education.
180          Section 3. Section 53E-10-305 is amended to read:
181          53E-10-305. Tuition and fees.
182          (1) Except as provided in this section, the State Board of Regents or an institution of
183     higher education may not charge tuition or fees for a concurrent enrollment course.
184          (2) (a) The State Board of Regents may charge a one-time fee for a student to
185     participate in the concurrent enrollment program.
186          (b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
187     admission application fee requirement for a full-time or part-time student at an institution of
188     higher education.
189          (3) (a) An institution of higher education may charge a one-time admission application
190     fee for concurrent enrollment course credit offered by the institution of higher education.
191          (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
192     application fee requirement for a full-time or part-time student at an institution of higher
193     education.
194          (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
195     charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
196     for which a student earns college credit.
197          (b) An institution of higher education may not charge more than:
198          (i) $5 per credit hour for an eligible student who qualifies for free or reduced price
199     school lunch;
200          (ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
201     an eligible instructor described in Subsection 53E-10-302(5)[(c)](b); or
202          (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
203     conferencing.
204          Section 4. Section 53E-10-307 is amended to read:
205          53E-10-307. Concurrent enrollment courses for accelerated foreign language
206     students.
207          (1) As used in this section:
208          (a) "Accelerated foreign language student" means a student who:
209          (i) has passed a world language advanced placement exam; and
210          (ii) is in grade 10, grade 11, or grade 12.
211          (b) "Blended learning delivery model" means an education delivery model in which a
212     student learns, at least in part:
213          (i) through online learning with an element of student control over time, place, path,
214     and pace; and
215          (ii) in the physical presence of an instructor.
216          (c) "State university" means an institution of higher education that offers courses
217     leading to a bachelor's degree.
218          (2) The University of Utah shall partner with all state universities to develop, as part of
219     the concurrent enrollment program described in this part, concurrent enrollment courses that:
220          (a) are age-appropriate foreign language courses for accelerated foreign language
221     students who are eligible students;
222          (b) count toward a foreign language degree offered by an institution of higher
223     education; and
224          (c) are delivered:
225          (i) using a blended learning delivery model; and
226          (ii) by an eligible instructor described in Subsection 53E-10-302(5)[(b)](a).