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• 2024 General Session
• H.B. 493

H.B. 493 Concurrent Enrollment Participation Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Wilcox, Ryan D.

Floor Sponsor: Sen. Hinkins, David P.

• Drafting Attorney: Rhonda Bailey
• Fiscal Analyst: Rachelle Gunderson

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• Bill Text
  • Introduced
  • Amended
    • Amended Pages Only
  • Enrolled

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• Related Documents
  • Fiscal Note
  • House Transmittal Letter 1
  • Senate Transmittal Letter 1
  • House Floor Amendment 1
  • House Floor Amendment 2(passed)

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• Information
  • Last Action: 12 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Education
  • K-12 Education
  • Higher Education
  • Concurrent Enrollment

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Enrolled

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H.B. 493

7 53E-10-301 53E-10-302 53E-10-303 53E-10-305 53E-10-308

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CONCURRENT ENROLLMENT PARTICIPATION AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Ryan D. Wilcox Senate Sponsor: David P. Hinkins

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LONG TITLE

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General Description:

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This bill amends provisions of the concurrent enrollment program.

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Highlighted Provisions:

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This bill:

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▸defines terms;

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▸requires a local education agency to, under certain circumstances, contract with an

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eligible institution that offers an online concurrent enrollment course;

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▸provides additional reporting requirements related to the right of first refusal; and

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▸makes technical and conforming changes.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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AMENDS:

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53E-10-301, as last amended by Laws of Utah 2021, Chapter 379

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53E-10-302, as last amended by Laws of Utah 2023, Chapter 172

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53E-10-303, as last amended by Laws of Utah 2023, Chapter 172

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53E-10-305, as last amended by Laws of Utah 2020, Chapters 220, 365

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53E-10-308, as last amended by Laws of Utah 2020, Chapter 365

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

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Section 1, Section 53E-10-301 is amended to read:

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53E-10-301. Definitions. As used in this part:

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(1)"Career and technical education course" means a concurrent enrollment course in career

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and technical education, as determined by the policy established by the Utah Board of

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Higher Education under Section 53E-10-302.

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(2)"Concurrent enrollment" means enrollment in a course offered through the concurrent

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enrollment program described in Section 53E-10-302.

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(3)"Educator" means the same as that term is defined in Section 53E-6-102.

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(4) "Eligible institution" means:

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(a) a degree-granting institution of higher education or a technical college within the

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state system of higher education, as identified in Section 53B-1-102; or

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(b) a degree-granting institution of higher education or a technical college within the

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state system of higher education, as identified in Section 53B-1-102, that offers an

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online concurrent enrollment course.

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(4) (5) "Eligible instructor" means an instructor who meets the requirements described in

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Subsection 53E-10-302(6) Section 53E-10-302 .

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(5) (6) "Eligible student" means a student who:

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(a) (i)is enrolled in, and counted in average daily membership in, a public school

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within the state; or

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(ii)is in the custody of the Division of Juvenile Justice Services and subject to the

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jurisdiction of the Youth Parole Authority;

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(b)has on file a plan for college and career readiness as described in Section 53E-2-304;

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and

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(c)is in grade 9, 10, 11, or 12.

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(6) "Institution of higher education" means an institution described in Subsection

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53B-1-102 (1)(a).

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(7)"License" means the same as that term is defined in Section 53E-6-102.

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(8)"Local education agency" or "LEA" means a school district or charter school.

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(9)"Qualifying experience" means an LEA employee's experience in an academic field that:

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(a)qualifies the LEA employee to teach a concurrent enrollment course in the academic

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field; and

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(b)may include the LEA employee's:

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(i)number of years teaching in the academic field;

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(ii)holding a higher level secondary teaching credential issued by the state board;

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(iii)research, publications, or other scholarly work in the academic field;

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(iv)continuing professional education in the academic field;

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(v)portfolio of work related to the academic field; or

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(vi)professional work experience or certifications in the academic field.

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(10)"Value of the weighted pupil unit" means the amount established each year in the

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enacted public education budget that is multiplied by the number of weighted pupil units

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to yield the funding level for the basic state-supported school program.

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Section 2, Section 53E-10-302 is amended to read:

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53E-10-302. Concurrent enrollment program.

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(1)The state board and the Utah Board of Higher Education shall establish and maintain a

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concurrent enrollment program that:

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(a)provides an eligible student the opportunity to enroll in a course that allows the

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eligible student to earn credit concurrently:

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(i)toward high school graduation; and

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(ii)at an eligible institution of higher education ;

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(b)includes only a course that:

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(i)leads to a degree or certificate offered by an eligible institution of higher

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education ; and

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(ii)is one of the following:

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(A)a general education course;

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(B)a career and technical education course;

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(C)a pre-major college level course;

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(D)a foreign language concurrent enrollment course described in Section

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53E-10-307 ; or

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(E)an upper divisions course that the Utah Board of Higher Education approves

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under Subsection (3);

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(c)requires that the instructor of a concurrent enrollment course is an eligible instructor;

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and

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(d)is designed and implemented to take full advantage of the most current available

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education technology.

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(2)The state board and the Utah Board of Higher Education shall coordinate to:

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(a)establish a concurrent enrollment course approval process that ensures:

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(i)credit awarded for concurrent enrollment is consistent and transferable to all

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eligible institutions of higher education ; and

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(ii)learning outcomes for a concurrent enrollment course align with:

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(A)core standards for Utah public schools adopted by the state board; and

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(B)except for a foreign language concurrent enrollment course described in

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Section 53E-10-307 or an upper division course that the Utah Board of Higher

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Education approves under Subsection (3), an eligible institution of higher

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education lower division course numbered at or above the 1000 level; and

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(b)provide advising to an eligible student, including information on:

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(i)general education requirements at eligible institutions of higher education ; and

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(ii)how to choose concurrent enrollment courses to avoid duplication or excess credit

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hours.

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(3)The Utah Board of Higher Education, after consulting with the state board, shall

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annually approve a prioritized list of upper division courses for which an eligible

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institution of higher education may use concurrent enrollment money.

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(4)After consultation with eligible institution of higher education concurrent enrollment

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directors, the Utah Board of Higher Education shall:

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(a)provide guidelines to an eligible institution of higher education for establishing

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qualifying academic criteria for an eligible student to enroll in a concurrent

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enrollment course; and

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(b)establish a policy that:

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(i)determines which concurrent enrollment courses are career and technical

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education courses; and

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(ii)creates a process for:

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(A)an LEA to appeal an institution of higher education's eligible institution's

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decision under Subsection (7) if the eligible institution of higher education

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does not approve an LEA employee as an eligible instructor; and

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(B)an LEA or eligible institution of higher education to determine whether an

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eligible instructor who previously taught a concurrent enrollment course is no

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longer qualified to teach the concurrent enrollment course.

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(5)To qualify for funds under Section 53F-2-409, an LEA and an eligible institution of

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higher education shall:

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(a)enter into a contract, in accordance with Section 53E-10-303, to provide one or more

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concurrent enrollment courses that are approved under the course approval process

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described in Subsection (2);

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(b)ensure that an instructor who teaches a concurrent enrollment course is an eligible

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instructor;

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(c)establish qualifying academic criteria for an eligible student to enroll in a concurrent

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enrollment course, in accordance with the guidelines described in Subsection (4)(a);

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(d)ensure that a student who enrolls in a concurrent enrollment course is an eligible

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student; and

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(e)coordinate advising to eligible students.

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(6) (a)An eligible institution of higher education faculty member is an eligible

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instructor.

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(b)An LEA employee is an eligible instructor if the LEA employee:

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(i)is licensed under Chapter 6, Education Professional Licensure;

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(ii)is supervised by an eligible institution of higher education ; and

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(iii) (A)as described in Subsection (7), is approved as an eligible instructor by the

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eligible institution of higher education that provides the concurrent

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enrollment course taught by the LEA employee;

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(B)has an upper level mathematics credential issued by the state board;

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(C)is approved as adjunct faculty by the eligible institution of higher education

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that provides the concurrent enrollment course taught by the LEA employee; or

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(D)teaches a concurrent enrollment course that the LEA employee taught during

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the 2018 -2019 or 2019 -2020 school year.

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(7)An eligible institution of higher education shall approve an LEA employee as an

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eligible instructor:

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(a)for a career and technical education concurrent enrollment course, if the LEA

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employee has:

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(i)a degree, certificate, or industry certification in the concurrent enrollment course's

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academic field; or

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(ii)qualifying experience, as determined by the eligible institution of higher

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education ; or

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(b)for a concurrent enrollment course other than a career and technical education

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course, if the LEA employee has:

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(i)a master's degree or higher in the concurrent enrollment course's academic field;

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(ii) (A)a master's degree or higher in any academic field; and

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(B)at least 18 completed credit hours of graduate course work in an academic

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field that is relevant to the concurrent enrollment course; or

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(iii)qualifying experience as defined in Section 53E-10-301, including:

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(A)the number of years of teaching experience;

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(B)student performance on qualifying test scores or AP exams on courses that the

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LEA employee teaches;

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(C)continuing education in a master's degree or higher in any academic field; or

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(D)other criteria established by the eligible institution of higher education .

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(8)An eligible institution of higher education shall accept credits earned by a student who

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completes a concurrent enrollment course on the same basis as credits earned by a

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full-time or part-time student enrolled at the eligible institution of higher education .

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Section 3, Section 53E-10-303 is amended to read:

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53E-10-303. Designated institution of higher education -- Concurrent enrollment

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course right of first refusal.

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(1)As used in this section, "designated institution of higher education" means an eligible

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institution of higher education , as that term is defined in Section 53E-10-301, that is

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designated by the Utah Board of Higher Education to provide a course or program of

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study within a specific geographic region.

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(2)To offer a concurrent enrollment course, an LEA shall contact the LEA's designated

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institution of higher education to request that the designated institution of higher

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education contract with the LEA to provide the concurrent enrollment course.

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(3)Except as provided in Subsection (4) or (5), if the LEA's designated institution of higher

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education chooses to offer the concurrent enrollment course, the LEA shall contract with

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the LEA's designated institution of higher education to provide the concurrent

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enrollment course.

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(4)An LEA may shall contract with an eligible institution of higher education that is not

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the LEA's designated institution of higher education to provide a concurrent enrollment

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course if the LEA's designated institution of higher education:

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(a)chooses not to offer the concurrent enrollment course proposed by the LEA;

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(b)fails to respond to the LEA's request under Subsection (2) within 30 days after the

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day on which the LEA contacts the designated institution of higher education;

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(c)uses instructional materials in a course that are sensitive materials, as defined in

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Section 53G-10-103, or that are materials otherwise prohibited by state law or state

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board rule for use in kindergarten through grade 12; or

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(d) (i)reaches the institution of higher education's eligible institution's enrolled

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student capacity for the concurrent enrollment course; and

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(ii)prohibits an LEA with an eligible instructor, as described in Section 53E-10-302,

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from expanding the concurrent enrollment course to eligible students.

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(5) For a student who wants to enroll in an existing concurrent enrollment course that is not

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offered online by an LEA's designated institution of higher education, the LEA shall

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contract with any eligible institution that offers the online concurrent enrollment course.

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Section 4, Section 53E-10-305 is amended to read:

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53E-10-305. Tuition and fees.

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(1)Except as provided in this section, the Utah Board of Higher Education or an institution

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of higher education may not charge tuition or fees for a concurrent enrollment course.

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(2) (a)The Utah Board of Higher Education may charge a one-time fee for a student to

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participate in the concurrent enrollment program.

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(b)A student who pays a fee described in Subsection (2)(a) does not satisfy a general

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admission application fee requirement for a full-time or part-time student at an

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institution of higher education.

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(3) (a)An institution of higher education may charge a one-time admission application

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fee for concurrent enrollment course credit offered by the institution of higher

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education.

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(b)Payment of the fee described in Subsection (3)(a) satisfies the general admission

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application fee requirement for a full-time or part-time student at an institution of

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higher education.

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(4) (a)Except as provided in Subsection (4)(b), an institution of higher education may

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charge partial tuition of no more than $30 per credit hour for a concurrent enrollment

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course for which a student earns college credit.

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(b)An institution of higher education may not charge more than:

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(i)$5 per credit hour for an eligible student who qualifies for free or reduced price

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school lunch;

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(ii)$10 per credit hour for a concurrent enrollment course that is taught at an LEA by

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an eligible instructor described in Subsection 53E-10-302(6)(b) Section

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53E-10-302 ; or

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(iii)$15 per credit hour for a concurrent enrollment course that is taught through

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video conferencing.

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(5)In accordance with Section 53G-7-603, an LEA may charge a fee for a textbook, as

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defined in Section 53G-7-601, that is required for a concurrent enrollment course.

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Section 5, Section 53E-10-308 is amended to read:

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53E-10-308. Reporting. The state board and the Utah Board of Higher Education shall submit an annual

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written report to the Higher Education Appropriations Subcommittee and in accordance

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with Section 53E-1-203 on student participation in the concurrent enrollment program,

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including:

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(1)data on the higher education tuition not charged due to the hours of higher education

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credit granted through concurrent enrollment;

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(2)tuition or fees charged under Section 53E-10-305;

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(3)an accounting of the money appropriated for concurrent enrollment; and

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(4)a justification of the distribution method described in Subsections 53F-2-409(3)(d) and

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(e) Section 53F-2-409 .

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Section 6. Effective date. This bill takes effect on May 1, 2024.