1     
HIGHER EDUCATION FOR INCARCERATED YOUTH

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Derrin R. Owens

6     

7     LONG TITLE
8     General Description:
9          This bill directs the establishment of the Dixie State University Higher Education for
10     Incarcerated Youth Program.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     directs the establishment of the Dixie State University Higher Education for
15     Incarcerated Youth Program to provide certain higher education opportunities to
16     students in certain custody; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53E-10-301, as last amended by Laws of Utah 2020, Chapters 220 and 365
25     ENACTS:
26          53B-30-101, Utah Code Annotated 1953
27          53B-30-301, Utah Code Annotated 1953

28     RENUMBERS AND AMENDS:
29          53B-30-201, (Renumbered from 53B-16-501, as last amended by Laws of Utah 2020,
30     Chapter 365)
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53B-30-101 is enacted to read:
34     
CHAPTER 30. DIXIE STATE UNIVERSITY

35          53B-30-101. Title.
36          This chapter is known as "Dixie State University."
37          Section 2. Section 53B-30-201, which is renumbered from Section 53B-16-501 is
38     renumbered and amended to read:
39     
Part 2. Nonprofit Corporations or Foundations

40          [53B-16-501].      53B-30-201. Nonprofit corporations or foundations --
41     Purpose.
42          (1) Dixie State University may form a nonprofit corporation or foundation controlled
43     by the president of the university and the board to aid and assist the university in attaining its
44     charitable, communications, and other related educational objectives, including support for
45     media innovation, film festivals, film production, print media, broadcasting, television, and
46     digital media.
47          (2) The nonprofit corporation or foundation may receive and administer legislative
48     appropriations, government grants, contracts, and private gifts to carry out its public purposes.
49          Section 3. Section 53B-30-301 is enacted to read:
50     
Part 3. Incarcerated Youth Program

51          53B-30-301. Dixie State University Higher Education for Incarcerated Youth
52     Program.
53          (1) As used in this section:
54          (a) "Interactive video conferencing" means two-way, real-time transmission of audio
55     and video signals between devices or computers at two or more locations.
56          (b) "Program" means the Dixie State University Higher Education for Incarcerated
57     Youth Program.
58          (c) "Student" means an individual who is:

59          (i) in the custody of the Division of Juvenile Justice Services within the timeframe of
60     the course being offered; and
61          (ii) subject to the jurisdiction of the Youth Parole Authority.
62          (2) Consistent with policies established by the board, Dixie State University shall,
63     subject to legislative appropriation, establish and administer the Dixie State University Higher
64     Education for Incarcerated Youth Program to provide:
65          (a) students needing high school credits opportunities for concurrent enrollment
66     courses;
67          (b) a consistent, two-year, flexible schedule of higher education courses delivered
68     through interactive video conferencing to students;
69          (c) a pathway for students to earn college credits that:
70          (i) apply toward earning a certificate, associate degree, bachelor's degree; or
71          (ii) satisfy scholarship requirements or other objectives that best meet the needs of an
72     individual student; and
73          (d) advisory support to students and academic counselors who participate in the
74     program to ensure that the students' higher education courses align with the academic and
75     career goals defined in the students' plans for college and career readiness.
76          Section 4. Section 53E-10-301 is amended to read:
77          53E-10-301. Definitions.
78          As used in this part:
79          (1) "Career and technical education course" means a concurrent enrollment course in
80     career and technical education, as determined by the policy established by the Utah Board of
81     Higher Education under Section 53E-10-302.
82          (2) "Concurrent enrollment" means enrollment in a course offered through the
83     concurrent enrollment program described in Section 53E-10-302.
84          (3) "Educator" means the same as that term is defined in Section 53E-6-102.
85          (4) "Eligible instructor" means an instructor who meets the requirements described in
86     Subsection 53E-10-302(6).
87          (5) "Eligible student" means a student who:
88          (a) (i) is enrolled in, and counted in average daily membership in, a public school
89     within the state; or

90          (ii) is in the custody of the Division of Juvenile Justice Services and subject to the
91     jurisdiction of the Youth Parole Authority;
92          (b) has on file a plan for college and career readiness as described in Section
93     53E-2-304; and
94          (c) is in grade 9, 10, 11, or 12.
95          (6) "Institution of higher education" means an institution described in Subsection
96     53B-1-102(1)(a).
97          (7) "License" means the same as that term is defined in Section 53E-6-102.
98          (8) "Local education agency" or "LEA" means a school district or charter school.
99          (9) "Qualifying experience" means an LEA employee's experience in an academic field
100     that:
101          (a) qualifies the LEA employee to teach a concurrent enrollment course in the
102     academic field; and
103          (b) may include the LEA employee's:
104          (i) number of years teaching in the academic field;
105          (ii) holding a higher level secondary teaching credential issued by the state board;
106          (iii) research, publications, or other scholarly work in the academic field;
107          (iv) continuing professional education in the academic field;
108          (v) portfolio of work related to the academic field; or
109          (vi) professional work experience or certifications in the academic field.
110          (10) "Value of the weighted pupil unit" means the amount established each year in the
111     enacted public education budget that is multiplied by the number of weighted pupil units to
112     yield the funding level for the basic state-supported school program.