This document includes House Floor Amendments incorporated into the bill on Tue, Feb 27, 2024 at 10:58 AM by housengrossing.
1     
CONCURRENT ENROLLMENT PARTICIPATION

2     
AMENDMENTS

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Ryan D. Wilcox

6     
Senate Sponsor: David P. Hinkins

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions of the concurrent enrollment program.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸ Ĥ→ [     provides that certain private institutions may participate in the concurrent
15     enrollment program] requires a local education agency to, under certain circumstances, contract
15a     with an eligible institution that offers an online concurrent enrollment course ←Ĥ ;
16          ▸     provides additional reporting requirements related to the right of first refusal; 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 2021, Chapter 379
25          53E-10-302, as last amended by Laws of Utah 2023, Chapter 172
26          53E-10-303, as last amended by Laws of Utah 2023, Chapter 172
27          53E-10-305, as last amended by Laws of Utah 2020, Chapters 220, 365
28          53E-10-308, as last amended by Laws of Utah 2020, Chapter 365
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 53E-10-301 is amended to read:
32          53E-10-301. Definitions.
33          As used in this part:
34          (1) "Career and technical education course" means a concurrent enrollment course in
35     career and technical education, as determined by the policy established by the Utah Board of
36     Higher Education under Section 53E-10-302.
37          (2) "Concurrent enrollment" means enrollment in a course offered through the
38     concurrent enrollment program described in Section 53E-10-302.
39          (3) "Educator" means the same as that term is defined in Section 53E-6-102.
40          (4) "Eligible institution" means:
41          (a) a degree-granting institution of higher education or a technical college within the
42     state system of higher education, as identified in Section 53B-1-102; or
43          (b) Ĥ→ [a private, nonprofit college or university in the state that is accredited by the
44     Northwest Commission on Colleges and Universities.] a degree-granting institution of higher
44a     education or a technical college within the state system of higher education, as identified in
44b     Section 53B-1-102, that offers an online concurrent enrollment course. ←Ĥ
45          [(4)] (5) "Eligible instructor" means an instructor who meets the requirements
46     described in [Subsection 53E-10-302(6)] Section 53E-10-302.
47          [(5)] (6) "Eligible student" means a student who:
48          (a) (i) is enrolled in, and counted in average daily membership in, a public school
49     within the state; or
50          (ii) is in the custody of the Division of Juvenile Justice Services and subject to the
51     jurisdiction of the Youth Parole Authority;
52          (b) has on file a plan for college and career readiness as described in Section
53     53E-2-304; and
54          (c) is in grade 9, 10, 11, or 12.
55          [(6) "Institution of higher education" means an institution described in Subsection
56     53B-1-102(1)(a).]
57          (7) "License" means the same as that term is defined in Section 53E-6-102.
58          (8) "Local education agency" or "LEA" means a school district or charter school.
59          (9) "Qualifying experience" means an LEA employee's experience in an academic field
60     that:
61          (a) qualifies the LEA employee to teach a concurrent enrollment course in the
62     academic field; and
63          (b) may include the LEA employee's:
64          (i) number of years teaching in the academic field;
65          (ii) holding a higher level secondary teaching credential issued by the state board;
66          (iii) research, publications, or other scholarly work in the academic field;
67          (iv) continuing professional education in the academic field;
68          (v) portfolio of work related to the academic field; or
69          (vi) professional work experience or certifications in the academic field.
70          (10) "Value of the weighted pupil unit" means the amount established each year in the
71     enacted public education budget that is multiplied by the number of weighted pupil units to
72     yield the funding level for the basic state-supported school program.
73          Section 2. Section 53E-10-302 is amended to read:
74          53E-10-302. Concurrent enrollment program.
75          (1) The state board and the Utah Board of Higher Education shall establish and
76     maintain a concurrent enrollment program that:
77          (a) provides an eligible student the opportunity to enroll in a course that allows the
78     eligible student to earn credit concurrently:
79          (i) toward high school graduation; and
80          (ii) at an eligible institution [of higher education];
81          (b) includes only a course that:
82          (i) leads to a degree or certificate offered by an eligible institution [of higher
83     education]; and
84          (ii) is one of the following:
85          (A) a general education course;
86          (B) a career and technical education course;
87          (C) a pre-major college level course;
88          (D) a foreign language concurrent enrollment course described in Section 53E-10-307;
89     or
90          (E) an upper divisions course that the Utah Board of Higher Education approves under
91     Subsection (3);
92          (c) requires that the instructor of a concurrent enrollment course is an eligible
93     instructor; and
94          (d) is designed and implemented to take full advantage of the most current available
95     education technology.
96          (2) The state board and the Utah Board of Higher Education shall coordinate to:
97          (a) establish a concurrent enrollment course approval process that ensures:
98          (i) credit awarded for concurrent enrollment is consistent and transferable to all eligible
99     institutions [of higher education]; and
100          (ii) learning outcomes for a concurrent enrollment course align with:
101          (A) core standards for Utah public schools adopted by the state board; and
102          (B) except for a foreign language concurrent enrollment course described in Section
103     53E-10-307 or an upper division course that the Utah Board of Higher Education approves
104     under Subsection (3), an eligible institution [of higher education] lower division course
105     numbered at or above the 1000 level; and
106          (b) provide advising to an eligible student, including information on:
107          (i) general education requirements at eligible institutions [of higher education]; and
108          (ii) how to choose concurrent enrollment courses to avoid duplication or excess credit
109     hours.
110          (3) The Utah Board of Higher Education, after consulting with the state board, shall
111     annually approve a prioritized list of upper division courses for which an eligible institution [of
112     higher education] may use concurrent enrollment money.
113          (4) After consultation with eligible institution [of higher education] concurrent
114     enrollment directors, the Utah Board of Higher Education shall:
115          (a) provide guidelines to an eligible institution [of higher education] for establishing
116     qualifying academic criteria for an eligible student to enroll in a concurrent enrollment course;
117     and
118          (b) establish a policy that:
119          (i) determines which concurrent enrollment courses are career and technical education
120     courses; and
121          (ii) creates a process for:
122          (A) an LEA to appeal an [institution of higher education's] eligible institution's
123     decision under Subsection (7) if the eligible institution [of higher education] does not approve
124     an LEA employee as an eligible instructor; and
125          (B) an LEA or eligible institution [of higher education] to determine whether an
126     eligible instructor who previously taught a concurrent enrollment course is no longer qualified
127     to teach the concurrent enrollment course.
128          (5) To qualify for funds under Section 53F-2-409, an LEA and an eligible institution
129     [of higher education] shall:
130          (a) enter into a contract, in accordance with Section 53E-10-303, to provide one or
131     more concurrent enrollment courses that are approved under the course approval process
132     described in Subsection (2);
133          (b) ensure that an instructor who teaches a concurrent enrollment course is an eligible
134     instructor;
135          (c) establish qualifying academic criteria for an eligible student to enroll in a
136     concurrent enrollment course, in accordance with the guidelines described in Subsection (4)(a);
137          (d) ensure that a student who enrolls in a concurrent enrollment course is an eligible
138     student; and
139          (e) coordinate advising to eligible students.
140          (6) (a) An eligible institution [of higher education] faculty member is an eligible
141     instructor.
142          (b) An LEA employee is an eligible instructor if the LEA employee:
143          (i) is licensed under Chapter 6, Education Professional Licensure;
144          (ii) is supervised by an eligible institution [of higher education]; and
145          (iii) (A) as described in Subsection (7), is approved as an eligible instructor by the
146     eligible institution [of higher education] that provides the concurrent enrollment course taught
147     by the LEA employee;
148          (B) has an upper level mathematics credential issued by the state board;
149          (C) is approved as adjunct faculty by the eligible institution [of higher education] that
150     provides the concurrent enrollment course taught by the LEA employee; or
151          (D) teaches a concurrent enrollment course that the LEA employee taught during the
152     2018 -2019 or 2019 -2020 school year.
153          (7) An eligible institution [of higher education] shall approve an LEA employee as an
154     eligible instructor:
155          (a) for a career and technical education concurrent enrollment course, if the LEA
156     employee has:
157          (i) a degree, certificate, or industry certification in the concurrent enrollment course's
158     academic field; or
159          (ii) qualifying experience, as determined by the eligible institution [of higher
160     education]; or
161          (b) for a concurrent enrollment course other than a career and technical education
162     course, if the LEA employee has:
163          (i) a master's degree or higher in the concurrent enrollment course's academic field;
164          (ii) (A) a master's degree or higher in any academic field; and
165          (B) at least 18 completed credit hours of graduate course work in an academic field
166     that is relevant to the concurrent enrollment course; or
167          (iii) qualifying experience as defined in Section 53E-10-301, including:
168          (A) the number of years of teaching experience;
169          (B) student performance on qualifying test scores or AP exams on courses that the
170     LEA employee teaches;
171          (C) continuing education in a master's degree or higher in any academic field; or
172          (D) other criteria established by the eligible institution [of higher education].
173          (8) An eligible institution [of higher education] shall accept credits earned by a student
174     who completes a concurrent enrollment course on the same basis as credits earned by a
175     full-time or part-time student enrolled at the eligible institution [of higher education].
176          Section 3. Section 53E-10-303 is amended to read:
177          53E-10-303. Designated institution of higher education -- Concurrent enrollment
178     course right of first refusal.
179          (1) As used in this section, "designated institution of higher education" means an
180     eligible institution [of higher education], as that term is defined in Section 53E-10-301, that is
181     designated by the Utah Board of Higher Education to provide a course or program of study
182     within a specific geographic region.
183          (2) To offer a concurrent enrollment course, an LEA shall contact the LEA's designated
184     institution of higher education to request that the designated institution of higher education
185     contract with the LEA to provide the concurrent enrollment course.
186          (3) Except as provided in Subsection (4) Ĥ→ or (5) ←Ĥ , if the LEA's designated
186a     institution of higher
187     education chooses to offer the concurrent enrollment course, the LEA shall contract with the
188     LEA's designated institution of higher education to provide the concurrent enrollment course.
189          (4) An LEA [may] shall contract with an eligible institution [of higher education] that
190     is not the LEA's designated institution of higher education to provide a concurrent enrollment
191     course if the LEA's designated institution of higher education:
192          (a) chooses not to offer the concurrent enrollment course proposed by the LEA;
193          (b) fails to respond to the LEA's request under Subsection (2) within 30 days after the
194     day on which the LEA contacts the designated institution of higher education;
195          (c) uses instructional materials in a course that are sensitive materials, as defined in
196     Section 53G-10-103, or that are materials otherwise prohibited by state law or state board rule
197     for use in kindergarten through grade 12; or
198          (d) (i) reaches the [institution of higher education's] eligible institution's enrolled
199     student capacity for the concurrent enrollment course; and
200          (ii) prohibits an LEA with an eligible instructor, as described in Section 53E-10-302,
201     from expanding the concurrent enrollment course to eligible students. Ĥ→ (5) For a student who
201a     wants to enroll in an existing concurrent enrollment course that is not offered online by an
201b     LEA's designated instution of higher education, the LEA shall contract with any eligible
201c     institution that offers the online concurrent enrollment course. ←Ĥ
202          Section 4. Section 53E-10-305 is amended to read:
203          53E-10-305. Tuition and fees.
204          (1) Except as provided in this section, the Utah Board of Higher Education or an
205     institution of higher education may not charge tuition or fees for a concurrent enrollment
206     course.
207          (2) (a) The Utah Board of Higher Education may charge a one-time fee for a student to
208     participate in the concurrent enrollment program.
209          (b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
210     admission application fee requirement for a full-time or part-time student at an institution of
211     higher education.
212          (3) (a) An institution of higher education may charge a one-time admission application
213     fee for concurrent enrollment course credit offered by the institution of higher education.
214          (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
215     application fee requirement for a full-time or part-time student at an institution of higher
216     education.
217          (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
218     charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
219     for which a student earns college credit.
220          (b) An institution of higher education may not charge more than:
221          (i) $5 per credit hour for an eligible student who qualifies for free or reduced price
222     school lunch;
223          (ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
224     an eligible instructor described in [Subsection 53E-10-302(6)(b)] Section 53E-10-302; or
225          (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
226     conferencing.
227          (5) In accordance with Section 53G-7-603, an LEA may charge a fee for a textbook, as
228     defined in Section 53G-7-601, that is required for a concurrent enrollment course.
229          Section 5. Section 53E-10-308 is amended to read:
230          53E-10-308. Reporting.
231          Ĥ→ [(1)] ←Ĥ The state board and the Utah Board of Higher Education shall submit an
231a     annual
232     written report to the Higher Education Appropriations Subcommittee and in accordance with
233     Section 53E-1-203 on student participation in the concurrent enrollment program, including:
234          Ĥ→ [[(1)] (a)] (1) ←Ĥ data on the [higher] education tuition not charged due to the hours of
234a     [higher]
235     education credit granted through concurrent enrollment;
236          Ĥ→ [[(2)] (b)] (2) ←Ĥ tuition or fees charged under Section 53E-10-305;
237          Ĥ→ [[(3)] (c)] (3) ←Ĥ an accounting of the money appropriated for concurrent enrollment;
237a     and
238          Ĥ→ [[(4)] (d)] (4) ←Ĥ a justification of the distribution method described in [Subsections
239     53F-2-409(3)(d) and (e)] Section 53F-2-409.
240          Ĥ→ [(2) In addition to the report required under Subsection (1), on or before November 1 of
241     each year, the state board and Utah Board of Higher Education shall report to the Education
242     Interim Committee on designated institution of higher education and eligible institution
243     participation in the concurrent enrollment program under Section 53E-10-303, including:
244          (a) (i) each designated institution of higher education that contracts with an LEA to
245     provide a concurrent enrollment course;
246          (ii) the concurrent enrollment class offered; and
247          (iii) the number of credits granted through concurrent enrollment; and
248          (b) each eligible institution that is not a designated institution of higher education that
249     contracts with an LEA to provide a concurrent enrollment course, including:
250          (i) the concurrent enrollment class offered;
251          (ii) the number of credits granted through concurrent enrollment; and
252          (iii) if the eligible institution refuses to contract with an LEA to provide a concurrent
253     enrollment course, a justification for the eligible institution's refusal to contract with the LEA.] ←Ĥ
254          Section 6. Effective date.
255          This bill takes effect on May 1, 2024.