1     
CONCURRENT ENROLLMENT AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Eric K. Hutchings

5     
Senate Sponsor: Ann Millner

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 2019, Chapters 120 and 147
24          53E-10-302, as last amended by Laws of Utah 2019, Chapters 120, 147, and 186
25          53E-10-305, as last amended by Laws of Utah 2019, Chapters 120, 147, and 223
26          53E-10-307, as last amended by Laws of Utah 2019, Chapters 120 and 147
27          53F-2-409, as last amended by Laws of Utah 2019, Chapters 136 and 186
28     

29     Be it enacted by the Legislature of the state of Utah:

30          Section 1. Section 53E-10-301 is amended to read:
31          53E-10-301. Definitions.
32          As used in this part:
33          (1) "Career and technical education course" means a concurrent enrollment course in
34     career and technical education, as determined by the policy established by the State Board of
35     Regents under Section 53E-10-302.
36          (2) "Concurrent enrollment" means enrollment in a course offered through the
37     concurrent enrollment program described in Section 53E-10-302.
38          (3) "Educator" means the same as that term is defined in Section 53E-6-102.
39          (4) "Eligible instructor" means an instructor who meets the requirements described in
40     Subsection [53E-10-302(5)] 53E-10-302(6).
41          (5) "Eligible student" means a student who:
42          (a) is enrolled in, and counted in average daily membership in, a public school within
43     the state;
44          (b) has on file a plan for college and career readiness as described in Section
45     53E-2-304; and
46          (c) is in grade 9, 10, 11, or 12.
47          (6) "Institution of higher education" means an institution that is part of the Utah
48     System of Higher Education described in Subsection 53B-1-102(1)(a).
49          (7) "License" means the same as that term is defined in Section 53E-6-102.
50          (8) "Local education agency" or "LEA" means a school district or charter school.
51          (9) "Qualifying experience" means an LEA employee's experience in an academic field
52     that:
53          (a) qualifies the LEA employee to teach a concurrent enrollment course in the
54     academic field; and
55          (b) may include the LEA employee's:
56          (i) number of years teaching in the academic field;
57          (ii) holding a higher level secondary teaching credential issued by the state board;

58          (iii) research, publications, or other scholarly work in the academic field;
59          (iv) continuing professional education in the academic field;
60          (v) portfolio of work related to the academic field; or
61          (vi) professional work experience or certifications in the academic field.
62          (10) "Value of the weighted pupil unit" means the amount established each year in the
63     enacted public education budget that is multiplied by the number of weighted pupil units to
64     yield the funding level for the basic state-supported school program.
65          Section 2. Section 53E-10-302 is amended to read:
66          53E-10-302. Concurrent enrollment program.
67          (1) The state board and the State Board of Regents shall establish and maintain a
68     concurrent enrollment program that:
69          (a) provides an eligible student the opportunity to enroll in a course that allows the
70     eligible student to earn credit concurrently:
71          (i) toward high school graduation; and
72          (ii) at an institution of higher education;
73          (b) includes only a course that:
74          (i) leads to a degree or certificate offered by an institution of higher education; and
75          (ii) is one of the following:
76          (A) a general education course;
77          (B) a career and technical education course;
78          (C) a pre-major college level course; [or]
79          (D) a foreign language concurrent enrollment course described in Section 53E-10-307;
80     or
81          (E) an upper divisions course that the State Board of Regents approves under
82     Subsection (3);
83          (c) requires that the instructor of a concurrent enrollment course is an eligible
84     instructor; and
85          (d) is designed and implemented to take full advantage of the most current available

86     education technology.
87          (2) The state board and the State Board of Regents shall coordinate to:
88          (a) establish a concurrent enrollment course approval process that ensures:
89          (i) credit awarded for concurrent enrollment is consistent and transferable to all
90     institutions of higher education; and
91          (ii) learning outcomes for a concurrent enrollment course align with:
92          (A) core standards for Utah public schools adopted by the state board; and
93          (B) except for a foreign language concurrent enrollment course described in Section
94     53E-10-307 or an upper division course that the State Board of Regents approves under
95     Subsection (3), an institution of higher education lower division course numbered at or above
96     the 1000 level; and
97          (b) provide advising to an eligible student, including information on:
98          (i) general education requirements at institutions of higher education; and
99          (ii) how to choose concurrent enrollment courses to avoid duplication or excess credit
100     hours.
101          (3) The State Board of Regents, after consulting with the state board, shall annually
102     approve a prioritized list of upper division courses for which an institution of higher education
103     may use concurrent enrollment money.
104          [(3)] (4) 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 July 1, 2019, establish a policy that:
109          (i) determines which concurrent enrollment courses are career and technical education
110     courses; and
111          (ii) creates a process for:
112          (A) an LEA to appeal an institution of higher education's decision under Subsection
113     [(6)] (7) if the institution of higher education does not approve an LEA employee as an eligible

114     instructor; and
115          (B) an LEA or institution of higher education to determine whether an eligible
116     instructor who previously taught a concurrent enrollment course is no longer qualified to teach
117     the concurrent enrollment course.
118          [(4)] (5) To qualify for funds under Section 53F-2-409, an LEA and an institution of
119     higher education shall:
120          (a) enter into a contract, in accordance with Section 53E-10-303, to provide one or
121     more concurrent enrollment courses that are approved under the course approval process
122     described in Subsection (2);
123          (b) ensure that an instructor who teaches a concurrent enrollment course is an eligible
124     instructor;
125          (c) establish qualifying academic criteria for an eligible student to enroll in a
126     concurrent enrollment course, in accordance with the guidelines described in Subsection
127     [(3)(a)] (4)(a);
128          (d) ensure that a student who enrolls in a concurrent enrollment course is an eligible
129     student; and
130          (e) coordinate advising to eligible students.
131          [(5)] (6) (a) An institution of higher education faculty member is an eligible instructor.
132          (b) An LEA employee is an eligible instructor if the LEA employee:
133          (i) is licensed under Chapter 6, Education Professional Licensure;
134          (ii) is supervised by an institution of higher education; and
135          (iii) (A) as described in Subsection [(6)] (7), is approved as an eligible instructor by the
136     institution of higher education that provides the concurrent enrollment course taught by the
137     LEA employee;
138          (B) has an upper level mathematics credential issued by the state board;
139          (C) is approved as adjunct faculty by the institution of higher education that provides
140     the concurrent enrollment course taught by the LEA employee; or
141          (D) teaches a concurrent enrollment course that the LEA employee taught during the

142     2018-19 or 2019-20 school year.
143          [(6)] (7) An institution of higher education shall approve an LEA employee as an
144     eligible instructor:
145          (a) for a career and technical education concurrent enrollment course, if the LEA
146     employee has:
147          (i) a degree, certificate, or industry certification in the concurrent enrollment course's
148     academic field; or
149          (ii) qualifying experience, as determined by the institution of higher education; or
150          (b) for a concurrent enrollment course other than a career and technical education
151     course, if the LEA employee has:
152          (i) a master's degree or higher in the concurrent enrollment course's academic field;
153          (ii) (A) a master's degree or higher in any academic field; and
154          (B) at least 18 completed credit hours of graduate course work in an academic field
155     that is relevant to the concurrent enrollment course; or
156          (iii) qualifying experience, as determined by the institution of higher education.
157          [(7)] (8) An institution of higher education shall accept credits earned by a student who
158     completes a concurrent enrollment course on the same basis as credits earned by a full-time or
159     part-time student enrolled at the institution of higher education.
160          Section 3. Section 53E-10-305 is amended to read:
161          53E-10-305. Tuition and fees.
162          (1) Except as provided in this section, the State Board of Regents or an institution of
163     higher education may not charge tuition or fees for a concurrent enrollment course.
164          (2) (a) The State Board of Regents may charge a one-time fee for a student to
165     participate in the concurrent enrollment program.
166          (b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
167     admission application fee requirement for a full-time or part-time student at an institution of
168     higher education.
169          (3) (a) An institution of higher education may charge a one-time admission application

170     fee for concurrent enrollment course credit offered by the institution of higher education.
171          (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
172     application fee requirement for a full-time or part-time student at an institution of higher
173     education.
174          (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
175     charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
176     for which a student earns college credit.
177          (b) An institution of higher education may not charge more than:
178          (i) $5 per credit hour for an eligible student who qualifies for free or reduced price
179     school lunch;
180          (ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
181     an eligible instructor described in Subsection [53E-10-302(5)(b)] 53E-10-302(6)(b); or
182          (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
183     conferencing.
184          (5) In accordance with Section 53G-7-603, an LEA may charge a fee for a textbook, as
185     defined in Section 53G-7-601, that is required for a concurrent enrollment course.
186          Section 4. Section 53E-10-307 is amended to read:
187          53E-10-307. Concurrent enrollment courses for accelerated foreign language
188     students.
189          (1) As used in this section:
190          (a) "Accelerated foreign language student" means an eligible student who has passed a
191     world language advanced placement exam.
192          (b) "Blended learning delivery model" means an education delivery model in which a
193     student learns, at least in part:
194          (i) through online learning with an element of student control over time, place, path,
195     and pace; and
196          (ii) in the physical presence of an instructor.
197          (c) "State university" means an institution of higher education that offers courses

198     leading to a bachelor's degree.
199          (2) The University of Utah shall partner with all state universities to develop, as part of
200     the concurrent enrollment program described in this part, concurrent enrollment courses that:
201          (a) are age-appropriate foreign language courses for accelerated foreign language
202     students;
203          (b) count toward a foreign language degree offered by an institution of higher
204     education; and
205          (c) are delivered:
206          (i) using a blended learning delivery model; and
207          (ii) by an eligible instructor described in Subsection [53E-10-302(5)(a)]
208     53E-10-302(6)(a).
209          Section 5. Section 53F-2-409 is amended to read:
210          53F-2-409. Concurrent enrollment funding.
211          (1) The terms defined in Section 53E-10-301 apply to this section.
212          (2) The state board shall allocate money appropriated for concurrent enrollment in
213     accordance with this section.
214          (3) (a) The state board shall allocate money appropriated for concurrent enrollment in
215     proportion to the number of credit hours earned for courses taken where:
216          (i) an LEA primarily bears the cost of instruction; and
217          (ii) an institution of higher education primarily bears the cost of instruction.
218          (b) From the money allocated under Subsection (3)(a)(i), the state board shall
219     distribute:
220          (i) 60% of the money to LEAs; and
221          (ii) 40% of the money to the State Board of Regents.
222          (c) From the money allocated under Subsection (3)(a)[(ii)], the state board shall
223     distribute:
224          (i) 40% of the money to LEAs; and
225          (ii) 60% of the money to the State Board of Regents.

226          (d) The state board shall make rules providing for the distribution of the money to
227     LEAs under Subsections (3)(b)(i) and (3)(c)(i).
228          (e) The State Board of Regents shall make rules providing for the distribution of the
229     money allocated to institutions of higher education under Subsections (3)(b)(ii) and (3)(c)(ii).
230          (4) Subject to budget constraints, the Legislature shall annually increase the money
231     appropriated for concurrent enrollment in proportion to the percentage increase over the
232     previous school year in:
233          (a) [kindergarten through grade 12 student] concurrent enrollment; and
234          (b) the value of the weighted pupil unit.
235          (5) If an LEA receives an allocation of less than $10,000 under this section, the LEA
236     may use the allocation as described in Section 53F-2-206.