1     
AMENDMENTS TO CONCURRENT ENROLLMENT

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Eric K. Hutchings

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to concurrent enrollment courses and funding.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the State Board of Regents to annually approve a prioritized list of upper
13     division concurrent enrollment courses;
14          ▸     amends provisions to include upper division concurrent enrollment courses;
15          ▸     amends the formula for increasing funding for concurrent enrollment; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53E-10-301, as last amended by Laws of Utah 2018, Chapters 22, 410 and renumbered
24     and amended by Laws of Utah 2018, Chapter 1
25          53E-10-302, as last amended by Laws of Utah 2018, Chapter 410 and renumbered and
26     amended by Laws of Utah 2018, Chapter 1
27          53E-10-305, as last amended by Laws of Utah 2018, Chapter 410 and renumbered and

28     amended by Laws of Utah 2018, Chapter 1
29          53E-10-307, as last amended by Laws of Utah 2018, Chapter 410 and renumbered and
30     amended by Laws of Utah 2018, Chapter 1
31          53F-2-409, as renumbered and amended by Laws of Utah 2018, Chapter 2
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53E-10-301 is amended to read:
35          53E-10-301. Definitions.
36          (1) "Concurrent enrollment" means enrollment in a course offered through the
37     concurrent enrollment program described in Section 53E-10-302.
38          (2) "Educator" means the same as that term is defined in Section 53E-6-102.
39          (3) "Eligible instructor" means an instructor who meets the requirements described in
40     Subsection 53E-10-302[(5)](6).
41          (4) "Eligible student" means a student who:
42          (a) is enrolled in, and counted in average daily membership in, a high school within the
43     state;
44          (b) has a plan for college and career readiness, as described in Section 53E-2-304, on
45     file at a high school within the state; and
46          (c) (i) is a grade 11 or grade 12 student; or
47          (ii) is a grade 9 or grade 10 student who qualifies by exception as described in Section
48     53E-10-302.
     
49          (5) "Institution of higher education" means an institution that is part of the Utah
50     System of Higher Education described in Subsection 53B-1-102(1)(a).
51          (6) "License" means the same as that term is defined in Section 53E-6-102.
52          (7) "Local education agency" or "LEA" means a school district or charter school.
53          (8) "Value of the weighted pupil unit" means the amount established each year in the
54     enacted public education budget that is multiplied by the number of weighted pupil units to
55     yield the funding level for the basic state-supported school program.
56          Section 2. Section 53E-10-302 is amended to read:
57          53E-10-302. Concurrent enrollment program.

58          (1) The State Board of Education and the State Board of Regents shall establish and
59     maintain a concurrent enrollment program that:
60          (a) provides an eligible student the opportunity to enroll in a course that allows the
61     eligible student to earn credit concurrently:
62          (i) toward high school graduation; and
63          (ii) at an institution of higher education;
64          (b) includes only a course that:
65          (i) leads to a degree or certificate offered by an institution of higher education; and
66          (ii) is one of the following:
67          (A) a general education course;
68          (B) a career and technical education course;
69          (C) a pre-major college level course; [or]
70          (D) a foreign language concurrent enrollment course described in Section 53E-10-307;
71     or
72          (E) an upper division course approved by the State Board of Regents under Subsection
73     (3);
74          (c) requires that the instructor of a concurrent enrollment course is an eligible
75     instructor; and
76          (d) is designed and implemented to take full advantage of the most current available
77     education technology.
78          (2) The State Board of Education and the State Board of Regents shall coordinate to:
79          (a) establish a concurrent enrollment course approval process that ensures:
80          (i) credit awarded for concurrent enrollment is consistent and transferable to all
81     institutions of higher education; and
82          (ii) learning outcomes for a concurrent enrollment course align with:
83          (A) core standards for Utah public schools adopted by the State Board of Education;
84     and
85          (B) except for a foreign language concurrent enrollment course described in Section
86     53E-10-307 or an upper division course approved by the State Board of Regents under
87     Subsection (3), an institution of higher education lower division course numbered at or above
88     the 1000 level; and

89          (b) provide advising to an eligible student, including information on:
90          (i) general education requirements at institutions of higher education; and
91          (ii) how to choose concurrent enrollment courses to avoid duplication or excess credit
92     hours.
93          (3) The State Board of Regents, after consulting with the state board, shall annually
94     approve a prioritized list of upper division courses for which an institution of higher education
95     may use concurrent enrollment money.
96          [(3)] (4) After consultation with institution of higher education concurrent enrollment
97     directors, the State Board of Regents shall:
98          (a) provide guidelines to an institution of higher education for establishing qualifying
99     academic criteria for an eligible student to enroll in a concurrent enrollment course; and
100          (b) on or before January 1, 2019, establish a policy that:
101          (i) describes the qualifications for an LEA employee to be an eligible instructor; and
102          (ii) ensures that the qualifications described in Subsection [(3)] (4)(b)(i):
103          (A) maximize concurrent enrollment opportunities for eligible students while
104     maintaining quality; and
105          (B) allow for an individual who teaches a concurrent enrollment course in the 2017-18
106     or 2018-19 school year to continue to teach the concurrent enrollment course in subsequent
107     years.
108          [(4)] (5) To qualify for funds under Section 53F-2-409, an LEA and an institution of
109     higher education shall:
110          (a) enter into a contract, in accordance with Section 53E-10-303, to provide one or
111     more concurrent enrollment courses that are approved under the course approval process
112     described in Subsection (2);
113          (b) ensure that an instructor who teaches a concurrent enrollment course is an eligible
114     instructor;
115          (c) establish qualifying academic criteria for an eligible student to enroll in a
116     concurrent enrollment course, in accordance with the guidelines described in Subsection [(3)]
117     (4)(a);
118          (d) ensure that a student who enrolls in a concurrent enrollment course is an eligible
119     student; and

120          (e) coordinate advising to eligible students.
121          [(5)] (6) (a) An institution of higher education faculty member is an eligible instructor.
122          (b) An LEA employee is an eligible instructor if the LEA employee:
123          (i) is licensed under Chapter 6, Education Professional Licensure;
124          (ii) is supervised by an institution of higher education; and
125          (iii) (A) meets the qualifications described in the policy established under Subsection
126     [(3)] (4)(b); or
127          (B) has an upper level mathematics credential issued by the State Board of Education.
128          (c) Notwithstanding Subsection [(5)] (6)(b)(iii), an LEA employee is an eligible
129     instructor if:
130          (i) the State Board of Regents has not established the policy described in Subsection
131     [(3)] (4)(b); and
132          (ii) the LEA employee:
133          (A) meets the requirements described in Subsections [(5)] (6)(b)(i) and (ii); and
134          (B) is approved as adjunct faculty by an institution of higher education.
135          [(6)] (7) An LEA and an institution of higher education may qualify a grade 9 or grade
136     10 student to enroll in a current enrollment course by exception, including a student who
137     otherwise qualifies to take a foreign language concurrent enrollment course described in
138     Section 53E-10-307.
139          [(7)] (8) An institution of higher education shall accept credits earned by a student who
140     completes a concurrent enrollment course on the same basis as credits earned by a full-time or
141     part-time student enrolled at the institution of higher education.
142          Section 3. Section 53E-10-305 is amended to read:
143          53E-10-305. Tuition and fees.
144          (1) Except as provided in this section, the State Board of Regents or an institution of
145     higher education may not charge tuition or fees for a concurrent enrollment course.
146          (2) (a) The State Board of Regents may charge a one-time fee for a student to
147     participate in the concurrent enrollment program.
148          (b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
149     admission application fee requirement for a full-time or part-time student at an institution of
150     higher education.

151          (3) (a) An institution of higher education may charge a one-time admission application
152     fee for concurrent enrollment course credit offered by the institution of higher education.
153          (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
154     application fee requirement for a full-time or part-time student at an institution of higher
155     education.
156          (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
157     charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
158     for which a student earns college credit.
159          (b) An institution of higher education may not charge more than:
160          (i) $5 per credit hour for an eligible student who qualifies for free or reduced price
161     school lunch;
162          (ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
163     an eligible instructor described in Subsection 53E-10-302[(5)(c)](6)(b); or
164          (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
165     conferencing.
166          Section 4. Section 53E-10-307 is amended to read:
167          53E-10-307. Concurrent enrollment courses for accelerated foreign language
168     students.
169          (1) As used in this section:
170          (a) "Accelerated foreign language student" means a student who:
171          (i) has passed a world language advanced placement exam; and
172          (ii) is in grade 10, grade 11, or grade 12.
173          (b) "Blended learning delivery model" means an education delivery model in which a
174     student learns, at least in part:
175          (i) through online learning with an element of student control over time, place, path,
176     and pace; and
177          (ii) in the physical presence of an instructor.
178          (c) "State university" means an institution of higher education that offers courses
179     leading to a bachelor's degree.
180          (2) The University of Utah shall partner with all state universities to develop, as part of
181     the concurrent enrollment program described in this part, concurrent enrollment courses that:

182          (a) are age-appropriate foreign language courses for accelerated foreign language
183     students who are eligible students;
184          (b) count toward a foreign language degree offered by an institution of higher
185     education; and
186          (c) are delivered:
187          (i) using a blended learning delivery model; and
188          (ii) by an eligible instructor described in Subsection 53E-10-302[(5)(b)](6)(a).
189          Section 5. Section 53F-2-409 is amended to read:
190          53F-2-409. Concurrent enrollment funding.
191          (1) The terms defined in Section [53F-10-301] 53E-10-301 apply to this section.
192          (2) The State Board of Education shall allocate money appropriated for concurrent
193     enrollment in accordance with this section.
194          (3) (a) The State Board of Education shall allocate money appropriated for concurrent
195     enrollment in proportion to the number of credit hours earned for courses taken where:
196          (i) an LEA primarily bears the cost of instruction; and
197          (ii) an institution of higher education primarily bears the cost of instruction.
198          (b) From the money allocated under Subsection (3)(a)(i), the State Board of Education
199     shall distribute:
200          (i) 60% of the money to LEAs; and
201          (ii) 40% of the money to the State Board of Regents.
202          (c) From the money allocated under Subsection (3)(a)(ii), the State Board of Education
203     shall distribute:
204          (i) 40% of the money to LEAs; and
205          (ii) 60% of the money to the State Board of Regents.
206          (d) The State Board of Education shall make rules, in accordance with Title 63G,
207     Chapter 3, Utah Administrative Rulemaking Act, providing for the distribution of the money to
208     LEAs under Subsections (3)(b)(i) and (3)(c)(i).
209          (e) The State Board of Regents shall make rules, in accordance with Title 63G, Chapter
210     3, Utah Administrative Rulemaking Act, providing for the distribution of the money allocated
211     to institutions of higher education under Subsections (3)(b)(ii) and (3)(c)(ii).
212          (4) Subject to budget constraints, the Legislature shall annually increase the money

213     appropriated for concurrent enrollment in proportion to the percentage increase over the
214     previous school year in:
215          (a) [kindergarten through grade 12 student] concurrent enrollment; and
216          (b) the value of the weighted pupil unit.
217          (5) If an LEA receives an allocation of less than $10,000 under this section, the LEA
218     may use the allocation as described in Section 53F-2-206.