Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 409 (2020GS)

Sponsor

Rep. Hutchings, E.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the State Board of Regents to annually approve a prioritized list of upper division concurrent enrollment courses;
• amends provisions to include upper division concurrent enrollment courses;
• amends the formula for increasing funding for concurrent enrollment; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CONCURRENT ENROLLMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Eric K. Hutchings
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill amends provisions related to concurrent enrollment courses and funding.
Highlighted Provisions:
This bill:
▸ requires the State Board of Regents to annually approve a prioritized list of upper
division concurrent enrollment courses;
▸ amends provisions to include upper division concurrent enrollment courses;
▸ amends the formula for increasing funding for concurrent enrollment; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-10-301
, as last amended by Laws of Utah 2019, Chapters 120 and 147
53E-10-302
, as last amended by Laws of Utah 2019, Chapters 120, 147, and 186
53E-10-305
, as last amended by Laws of Utah 2019, Chapters 120, 147, and 223
53E-10-307
, as last amended by Laws of Utah 2019, Chapters 120 and 147
53F-2-409
, as last amended by Laws of Utah 2019, Chapters 136 and 186
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-10-301
 is amended to read:
53E-10-301.
Definitions.
As used in this part:
(1) "Career and technical education course" means a concurrent enrollment course in
career and technical education, as determined by the policy established by the State Board of
Regents under Section 
53E-10-302
.
(2) "Concurrent enrollment" means enrollment in a course offered through the
concurrent enrollment program described in Section 
53E-10-302
.
(3) "Educator" means the same as that term is defined in Section 
53E-6-102
. 
(4) "Eligible instructor" means an instructor who meets the requirements described in
Subsection [
53E-10-302
(5)
] 
53E-10-302
(6)
.
(5) "Eligible student" means a student who:
(a) is enrolled in, and counted in average daily membership in, a public school within
the state;
(b) has on file a plan for college and career readiness as described in Section
53E-2-304
; and
(c) is in grade 9, 10, 11, or 12.
(6) "Institution of higher education" means an institution that is part of the Utah
System of Higher Education described in Subsection 
53B-1-102
(1)(a).
(7) "License" means the same as that term is defined in Section 
53E-6-102
. 
(8) "Local education agency" or "LEA" means a school district or charter school.
(9) "Qualifying experience" means an LEA employee's experience in an academic field
that:
(a) qualifies the LEA employee to teach a concurrent enrollment course in the
academic field; and
(b) may include the LEA employee's:
(i) number of years teaching in the academic field;
(ii) holding a higher level secondary teaching credential issued by the state board;
(iii) research, publications, or other scholarly work in the academic field;
(iv) continuing professional education in the academic field;
(v) portfolio of work related to the academic field; or
(vi) professional work experience or certifications in the academic field.
(10) "Value of the weighted pupil unit" means the amount established each year in the
enacted public education budget that is multiplied by the number of weighted pupil units to
yield the funding level for the basic state-supported school program. 
Section 2. Section 
53E-10-302
 is amended to read:
53E-10-302.
Concurrent enrollment program.
(1) The state board and the State Board of Regents shall establish and maintain a
concurrent enrollment program that:
(a) provides an eligible student the opportunity to enroll in a course that allows the
eligible student to earn credit concurrently:
(i) toward high school graduation; and
(ii) at an institution of higher education;
(b) includes only a course that:
(i) leads to a degree or certificate offered by an institution of higher education; and
(ii) is one of the following:
(A) a general education course;
(B) a career and technical education course;
(C) a pre-major college level course; [
or
]
(D) a foreign language concurrent enrollment course described in Section 
53E-10-307
;
or
(E) an upper divisions course that the State Board of Regents approves under
Subsection (3);
(c) requires that the instructor of a concurrent enrollment course is an eligible
instructor; and
(d) is designed and implemented to take full advantage of the most current available
education technology.
(2) The state board and the State Board of Regents shall coordinate to:
(a) establish a concurrent enrollment course approval process that ensures:
(i) credit awarded for concurrent enrollment is consistent and transferable to all
institutions of higher education; and
(ii) learning outcomes for a concurrent enrollment course align with:
(A) core standards for Utah public schools adopted by the state board; and
(B) except for a foreign language concurrent enrollment course described in Section
53E-10-307
or an upper division course that the State Board of Regents approves under
Subsection (3)
, an institution of higher education lower division course numbered at or above
the 1000 level; and
(b) provide advising to an eligible student, including information on:
(i) general education requirements at institutions of higher education; and
(ii) how to choose concurrent enrollment courses to avoid duplication or excess credit
hours.
(3) The State Board of Regents, after consulting with the state board, shall annually
approve a prioritized list of upper division courses for which an institution of higher education
may use concurrent enrollment money.
[
(3)
] 
(4)
 After consultation with institution of higher education concurrent enrollment
directors, the State Board of Regents shall:
(a) provide guidelines to an institution of higher education for establishing qualifying
academic criteria for an eligible student to enroll in a concurrent enrollment course; and
(b) on or before July 1, 2019, establish a policy that:
(i) determines which concurrent enrollment courses are career and technical education
courses; and
(ii) creates a process for:
(A) an LEA to appeal an institution of higher education's decision under Subsection
[
(6)
] 
(7)
 if the institution of higher education does not approve an LEA employee as an eligible
instructor; and
(B) an LEA or institution of higher education to determine whether an eligible
instructor who previously taught a concurrent enrollment course is no longer qualified to teach
the concurrent enrollment course.
[
(4)
] 
(5)
 To qualify for funds under Section 
53F-2-409
, an LEA and an institution of
higher education shall:
(a) enter into a contract, in accordance with Section 
53E-10-303
, to provide one or
more concurrent enrollment courses that are approved under the course approval process
described in Subsection (2);
(b) ensure that an instructor who teaches a concurrent enrollment course is an eligible
instructor;
(c) establish qualifying academic criteria for an eligible student to enroll in a
concurrent enrollment course, in accordance with the guidelines described in Subsection
[
(3)(a)
] 
(4)(a)
;
(d) ensure that a student who enrolls in a concurrent enrollment course is an eligible
student; and
(e) coordinate advising to eligible students.
[
(5)
] 
(6)
 (a) An institution of higher education faculty member is an eligible instructor.
(b) An LEA employee is an eligible instructor if the LEA employee:
(i) is licensed under Chapter 6, Education Professional Licensure;
(ii) is supervised by an institution of higher education; and
(iii) (A) as described in Subsection [
(6)
] 
(7)
, is approved as an eligible instructor by the
institution of higher education that provides the concurrent enrollment course taught by the
LEA employee;
(B) has an upper level mathematics credential issued by the state board;
(C) is approved as adjunct faculty by the institution of higher education that provides
the concurrent enrollment course taught by the LEA employee; or
(D) teaches a concurrent enrollment course that the LEA employee taught during the
2018-19 or 2019-20 school year.
[
(6)
] 
(7)
 An institution of higher education shall approve an LEA employee as an
eligible instructor:
(a) for a career and technical education concurrent enrollment course, if the LEA
employee has:
(i) a degree, certificate, or industry certification in the concurrent enrollment course's
academic field; or
(ii) qualifying experience, as determined by the institution of higher education; or
(b) for a concurrent enrollment course other than a career and technical education
course, if the LEA employee has:
(i) a master's degree or higher in the concurrent enrollment course's academic field;
(ii) (A) a master's degree or higher in any academic field; and
(B) at least 18 completed credit hours of graduate course work in an academic field
that is relevant to the concurrent enrollment course; or
(iii) qualifying experience, as determined by the institution of higher education.
[
(7)
] 
(8)
 An institution of higher education shall accept credits earned by a student who
completes a concurrent enrollment course on the same basis as credits earned by a full-time or
part-time student enrolled at the institution of higher education.
Section 3. Section 
53E-10-305
 is amended to read:
53E-10-305.
Tuition and fees.
(1) Except as provided in this section, the State Board of Regents or an institution of
higher education may not charge tuition or fees for a concurrent enrollment course.
(2) (a) The State Board of Regents may charge a one-time fee for a student to
participate in the concurrent enrollment program.
(b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
admission application fee requirement for a full-time or part-time student at an institution of
higher education.
(3) (a) An institution of higher education may charge a one-time admission application
fee for concurrent enrollment course credit offered by the institution of higher education.
(b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
application fee requirement for a full-time or part-time student at an institution of higher
education.
(4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
for which a student earns college credit.
(b) An institution of higher education may not charge more than:
(i) $5 per credit hour for an eligible student who qualifies for free or reduced price
school lunch;
(ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
an eligible instructor described in Subsection [
53E-10-302
(5)(b)
] 
53E-10-302
(6)(b)
; or
(iii) $15 per credit hour for a concurrent enrollment course that is taught through video
conferencing.
(5) In accordance with Section 
53G-7-603
, an LEA may charge a fee for a textbook, as
defined in Section 
53G-7-601
, that is required for a concurrent enrollment course.
Section 4. Section 
53E-10-307
 is amended to read:
53E-10-307.
Concurrent enrollment courses for accelerated foreign language
students.
(1) As used in this section:
(a) "Accelerated foreign language student" means an eligible student who has passed a
world language advanced placement exam.
(b) "Blended learning delivery model" means an education delivery model in which a
student learns, at least in part:
(i) through online learning with an element of student control over time, place, path,
and pace; and
(ii) in the physical presence of an instructor.
(c) "State university" means an institution of higher education that offers courses
leading to a bachelor's degree.
(2) The University of Utah shall partner with all state universities to develop, as part of
the concurrent enrollment program described in this part, concurrent enrollment courses that:
(a) are age-appropriate foreign language courses for accelerated foreign language
students;
(b) count toward a foreign language degree offered by an institution of higher
education; and
(c) are delivered:
(i) using a blended learning delivery model; and
(ii) by an eligible instructor described in Subsection [
53E-10-302
(5)(a)
]
53E-10-302
(6)(a)
.
Section 5. Section 
53F-2-409
 is amended to read:
53F-2-409.
Concurrent enrollment funding.
(1) The terms defined in Section 
53E-10-301
 apply to this section.
(2) The state board shall allocate money appropriated for concurrent enrollment in
accordance with this section.
(3) (a) The state board shall allocate money appropriated for concurrent enrollment in
proportion to the number of credit hours earned for courses taken where:
(i) an LEA primarily bears the cost of instruction; and
(ii) an institution of higher education primarily bears the cost of instruction.
(b) From the money allocated under Subsection (3)(a)(i), the state board shall
distribute:
(i) 60% of the money to LEAs; and
(ii) 40% of the money to the State Board of Regents.
(c) From the money allocated under Subsection (3)(a)[
(ii)
], the state board shall
distribute:
(i) 40% of the money to LEAs; and
(ii) 60% of the money to the State Board of Regents.
(d) The state board shall make rules providing for the distribution of the money to
LEAs under Subsections (3)(b)(i) and (3)(c)(i).
(e) The State Board of Regents shall make rules providing for the distribution of the
money allocated to institutions of higher education under Subsections (3)(b)(ii) and (3)(c)(ii).
(4) Subject to budget constraints, the Legislature shall annually increase the money
appropriated for concurrent enrollment in proportion to the percentage increase over the
previous school year in:
(a) [
kindergarten through grade 12 student
] 
concurrent
 enrollment; and
(b) the value of the weighted pupil unit.
(5) If an LEA receives an allocation of less than $10,000 under this section, the LEA
may use the allocation as described in Section 
53F-2-206
.