1     
EARLY COLLEGE AND CONCURRENT ENROLLMENT

2     
PROGRAM AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: V. Lowry Snow

6     
Senate Sponsor: Derrin R. Owens

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions related to Advanced Placement and concurrent enrollment
11     programs.
12     Highlighted Provisions:
13          This bill:
14          ▸     aligns references to Advanced Placement courses, exams, and credit;
15          ▸     amends requirements for a State Board of Education funding distribution formula
16     for early college programs to prioritize funding to cover the cost of each early
17     college program test for certain students;
18          ▸     addresses LEA use of certain program funds for concurrent enrollment courses for
19     certain students;
20          ▸     allows an LEA to charge a restricted rate for indirect costs in concurrent enrollment
21     programs; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:

29          53B-8-203, as last amended by Laws of Utah 2020, Chapter 386
30          53B-8-205, as renumbered and amended by Laws of Utah 2017, Chapter 386
31          53E-10-307, as last amended by Laws of Utah 2020, Chapter 365
32          53F-2-408.5, as enacted by Laws of Utah 2020, Chapter 378
33          53F-2-409, as last amended by Laws of Utah 2020, Chapters 220, 365, 378, and 408
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53B-8-203 is amended to read:
37          53B-8-203. Regents' Scholarship Program -- Base Regents' scholarship --
38     Qualifications -- Application.
39          (1) This section only applies to a student who graduates from high school on or before
40     July 1, 2018.
41          (2) A student qualifies for a Base Regents' scholarship if the student:
42          (a) completes the high school graduation requirements of:
43          (i) a public school established by the State Board of Education and the student's school
44     district or charter school; or
45          (ii) a private high school in the state that is accredited by a regional accrediting body
46     approved by the board;
47          (b) completes high school with at least a 3.0 cumulative grade point average;
48          (c) has at least one reported ACT test score; and
49          (d) (i) completes the following high school or college credit in grades 9 through 12:
50          (A) four units of credit of English;
51          (B) four units of credit of mathematics;
52          (C) three and one-half units of credit of social science;
53          (D) three units of credit of lab-based natural science; and
54          (E) two units of credit of sequential world or classical language other than English; and
55          (ii) except as provided in Subsection (5), earns a course grade on a transcript of "C" or

56     above in each individual course listed in Subsection (2)(d)(i).
57          (3) The board shall establish policies to determine specific courses that meet the
58     requirements under Subsection (2)(d)(i).
59          (4) To be eligible for the scholarship, a student:
60          (a) shall submit an application to the board with:
61          (i) a copy of the student's official high school transcript and ACT scores; and
62          (ii) if applicable, a college transcript showing a college course the student has
63     completed to meet the requirements of Subsection (2)(d);
64          (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
65     federal student aid; and
66          (c) if applicable, shall meet the application deadlines as established by the board under
67     Subsection 53B-8-202(10).
68          (5) For purposes of determining if a student meets the grade requirements of
69     Subsection (2)(d)(ii), the board shall assign additional weights to grades earned in courses
70     described in Subsection (2)(d)(i) that are [advanced placement] Advanced Placement,
71     concurrent enrollment, or International Baccalaureate program courses.
72          (6) (a) The amount of the Base Regents' scholarship is $1,000.
73          (b) The board may adjust the amount of the Base Regents' scholarship by up to a
74     percentage of the average percentage tuition increase approved by the board for institutions in
75     the system of higher education.
76          (7) (a) The board shall require an applicant for a Regents' scholarship to certify under
77     penalty of perjury that:
78          (i) the applicant is a United States citizen; or
79          (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
80          (b) The certification under this Subsection (7) shall include a statement advising the
81     signer that providing false information subjects the signer to penalties for perjury.
82          Section 2. Section 53B-8-205 is amended to read:

83          53B-8-205. Supplemental scholarship award -- Exemplary academic achievement
84     -- Regents' diploma.
85          (1) This section only applies to a student who graduates from high school on or before
86     July 1, 2018.
87          (2) A student who qualifies for the Base Regents' scholarship in accordance with the
88     provisions of Section 53B-8-203 shall qualify for an additional Exemplary Academic
89     Achievement scholarship if the student:
90          (a) completes high school with a cumulative grade point average of 3.5 or higher;
91          (b) except as provided in Subsection (8), earns a course grade on a transcript of "B" or
92     above in each individual course listed in Subsection 53B-8-203(2)(d)(i); and
93          (c) (i) scores a composite ACT score of 26 or higher; and
94          (ii) if determined by the board's policies, achieves additional ACT college readiness
95     benchmark scores in English, mathematics, reading, and science.
96          (3) For a student who graduates from high school in the 2009-10 school year:
97          (a) if used at a higher education institution described in Subsection 53B-8-202(4)(a),
98     the value of an Exemplary Academic Achievement scholarship is up to 75% of the tuition costs
99     at the selected institution; or
100          (b) if used at a higher education institution described in Subsection 53B-8-202(4)(b),
101     the value of an Exemplary Academic Achievement scholarship is up to 75% of the tuition costs
102     at the institution, not to exceed 75% of the average tuition costs at the institutions described in
103     Subsection 53B-8-202(4)(a).
104          (4) (a) For a student who graduates from high school in or after the 2010-11 school
105     year, the total value of an Exemplary Academic Achievement scholarship is up to $5,000,
106     allocated over a time period described in Subsection (5), as prescribed by the board.
107          (b) The board may adjust the amount of the Exemplary Academic Achievement
108     scholarship by up to a percentage of the average percentage tuition increase approved by the
109     board for institutions in the state system of higher education.

110          (5) An Exemplary Academic Achievement scholarship is valid for the shortest of the
111     following time periods:
112          (a) two years of full-time equivalent enrollment;
113          (b) 65 credit hours; or
114          (c) until the student meets the requirements for a baccalaureate degree.
115          (6) The board may cancel an Exemplary Academic Achievement scholarship at any
116     time if the student fails to:
117          (a) register for at least 15 credit hours per semester;
118          (b) maintain a 3.3 grade point average for two consecutive semesters; or
119          (c) make reasonable progress toward the completion of a baccalaureate degree.
120          (7) A student who qualifies for the Exemplary Academic Achievement scholarship
121     under this section may also receive a Regents' diploma endorsement to be issued by the board.
122          (8) For purposes of determining if a student meets the grade requirements of
123     Subsection (2)(b), the board shall assign additional weights to grades earned in courses
124     described in Subsection 53B-8-203(2)(d)(i) that are [advanced placement] Advanced
125     Placement, concurrent enrollment, or International Baccalaureate program courses.
126          Section 3. Section 53E-10-307 is amended to read:
127          53E-10-307. Concurrent enrollment courses for accelerated foreign language
128     students.
129          (1) As used in this section:
130          (a) "Accelerated foreign language student" means an eligible student who has passed a
131     world language [advanced placement] Advanced Placement exam.
132          (b) "Blended learning delivery model" means an education delivery model in which a
133     student learns, at least in part:
134          (i) through online learning with an element of student control over time, place, path,
135     and pace; and
136          (ii) in the physical presence of an instructor.

137          (c) "State university" means an institution of higher education that offers courses
138     leading to a bachelor's degree.
139          (2) The University of Utah shall partner with all state universities to develop, as part of
140     the concurrent enrollment program described in this part, concurrent enrollment courses that:
141          (a) are age-appropriate foreign language courses for accelerated foreign language
142     students;
143          (b) count toward a foreign language degree offered by an institution of higher
144     education; and
145          (c) are delivered:
146          (i) using a blended learning delivery model; and
147          (ii) by an eligible instructor described in Subsection 53E-10-302(6)(a).
148          Section 4. Section 53F-2-408.5 is amended to read:
149          53F-2-408.5. Early college programs.
150          (1) As used in this section:
151          (a) "[Advanced placement] Advanced Placement course" means a rigorous course
152     developed by the College Board that:
153          (i) is developed by a committee composed of college faculty and [advanced placement]
154     Advanced Placement teachers and covers the breadth of information, skills, and assignments
155     found in the corresponding college course; and
156          (ii) for which a student who performs well on an exam for the course may be:
157          (A) granted college credit; or
158          (B) given advanced standing at a college or university.
159          (b) "Eligible low income student" means a student who:
160          (i) takes an [advanced placement] Advanced Placement course test;
161          (ii) has applied for an [advanced placement] Advanced Placement course test fee
162     reduction; and
163          (iii) qualifies for a free lunch or a lunch provided at a reduced cost.

164          (c) "International Baccalaureate program" means a program established by the
165     International Baccalaureate Organization.
166          (d) "Local education agency" or "LEA" means:
167          (i) a school district; or
168          (ii) a charter school.
169          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
170     the state board shall make rules to establish a formula to distribute money appropriated for the
171     early college programs described in Subsection (2)(b).
172          (b) Subject to Subsection (2)(c), the formula described in Subsection (2)(a) shall:
173          (i) include an allocation of money for the following early college programs:
174          [(A) advanced placement courses;]
175          [(B) advanced placement course test fees for eligible low income students; and]
176          (A) Advanced Placement courses; and
177          [(C)] (B) International Baccalaureate programs; and
178          (ii) prioritize funding to:
179          (A) increase access to early college programs for groups of students who are
180     underrepresented in early college programs[.]; and
181          (B) cover the cost of each early college program test taken by a student experiencing
182     socioeconomic disadvantage.
183          (c) The state board may not allocate more that $100,000 of an appropriation under this
184     section for International Baccalaureate programs.
185          (d) The state board shall consult with LEAs before making the rules described in
186     Subsection (2)(a).
187          (3) (a) An LEA shall use money distributed under this section for the purposes
188     described in Subsection (2)(b), prioritizing the cost of tests described in Subsection
189     (2)(b)(ii)(B) before using the remainder of the money for other allowable uses.
190          (b) An LEA may charge the restricted rate for indirect costs in Advanced Placement

191     and International Baccalaureate programs.
192          (4) The state board shall develop performance criteria to measure the effectiveness of
193     the early college programs described in this section.
194          (5) If an LEA receives an allocation of less than $10,000 for the early college programs
195     described in this section, the LEA may use the allocation as described in Section 53F-2-206.
196          Section 5. Section 53F-2-409 is amended to read:
197          53F-2-409. Concurrent enrollment funding.
198          (1) The terms defined in Section 53E-10-301 apply to this section.
199          (2) The state board shall allocate money appropriated for concurrent enrollment in
200     accordance with this section.
201          (3) (a) The state board shall allocate money appropriated for concurrent enrollment in
202     proportion to the number of credit hours earned for courses taken for which:
203          (i) an LEA primarily bears the cost of instruction; and
204          (ii) an institution of higher education primarily bears the cost of instruction.
205          (b) From the money allocated under Subsection (3)(a)(i), the state board shall
206     distribute:
207          (i) 60% of the money to LEAs; and
208          (ii) 40% of the money to the Utah Board of Higher Education.
209          (c) From the money allocated under Subsection (3)(a), the state board shall distribute:
210          (i) 40% of the money to LEAs; and
211          (ii) 60% of the money to the Utah Board of Higher Education.
212          (d) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah
213     Administrative Rulemaking Act, providing for the distribution of the money to LEAs under
214     Subsections (3)(b)(i) and (3)(c)(i).
215          (e) The Utah Board of Higher Education shall make rules, in accordance with Title
216     63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the distribution of the
217     money allocated to institutions of higher education under Subsections (3)(b)(ii) and (3)(c)(ii).

218          (4) Subject to budget constraints, the Legislature shall annually increase the money
219     appropriated for concurrent enrollment in proportion to the percentage increase over the
220     previous school year in:
221          (a) concurrent enrollment; and
222          (b) the value of the weighted pupil unit.
223          (5) (a) An LEA that receives money under this section may prioritize using the money
224     to increase access to concurrent enrollment for groups of students who are underrepresented in
225     concurrent enrollment.
226          (b) If an LEA receives an allocation of less than $10,000 under this section, the LEA
227     may use the allocation as described in Section 53F-2-206.
228          (c) An LEA shall:
229          (i) use program funds to increase access to concurrent enrollment courses for students
230     experiencing socioeconomic disadvantage, including by paying student fees related to the
231     student's participation in a concurrent enrollment course, except fees for textbooks; and
232          (ii) allocate funding equal to the cost of fees described in Subsection (5)(c)(i),
233     excluding fees for textbooks, from the LEA's total allocation of concurrent enrollment funding
234     before allocating the remainder of program funds for a use described in Subsections (5)(a) and
235     (5)(b).
236          (6) An LEA may charge a restricted rate for indirect costs in concurrent enrollment
237     programs.