Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 335 Second Substitute (2023GS)

Sponsor

Rep. Wilcox, R.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions for approving a local education agency (LEA) employee as an eligible instructor;
• provides that an LEA may contract with a nondesignated institution of higher education to provide concurrent enrollment courses under certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ALTERNATIVE CONCURRENT ENROLLMENT OPTIONS FOR
CAPACITY FLEXIBILITY
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill amends provisions related to concurrent enrollment courses.
Highlighted Provisions:
This bill:
▸ amends provisions for approving a local education agency (LEA) employee as an
eligible instructor;
▸ provides that an LEA may contract with a nondesignated institution of higher
education to provide concurrent enrollment courses under certain circumstances;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-10-302
, as last amended by Laws of Utah 2020, Chapters 220, 365
53E-10-303
, as last amended by Laws of Utah 2020, Chapter 365
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-10-302
 is amended to read:
53E-10-302.
Concurrent enrollment program.
(1) The state board and the Utah Board of Higher Education 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;
(D) a foreign language concurrent enrollment course described in Section 
53E-10-307
;
or
(E) an upper divisions course that the Utah Board of Higher Education 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 Utah Board of Higher Education 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 Utah Board of Higher Education 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 Utah Board of Higher Education, 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.
(4) After consultation with institution of higher education concurrent enrollment
directors, the Utah Board of Higher Education 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
] 
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 (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.
(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 (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.
(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 (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
] 
-2019
 or 2019[
-20
] 
-2020
 school year.
(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.
] 
as
defined in Section 
53E-10-301
, including:
(A) the number of years of teaching experience;
(B) student performance on qualifying test scores or AP exams on courses that the
LEA employee teaches;
(C) continuing education in a master's degree or higher in any academic field; or
(D) other criteria established by the institution of higher education.
(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 2. Section 
53E-10-303
 is amended to read:
53E-10-303.
Designated institution of higher education -- Concurrent enrollment
course right of first refusal.
(1) As used in this section, "designated institution of higher education" means an
institution of higher education that is designated by the Utah Board of Higher Education to
provide a course or program of study within a specific geographic region.
(2) To offer a concurrent enrollment course, an LEA shall contact the LEA's designated
institution of higher education to request that the designated institution of higher education
contract with the LEA to provide the concurrent enrollment course.
(3) [
If
] 
Except as provided in Subsection (4), if
 the LEA's designated institution of
higher education chooses to offer the concurrent enrollment course, the LEA shall contract with
the LEA's designated institution of higher education to provide the concurrent enrollment
course.
(4) An LEA may contract with an institution of higher education that is not the LEA's
designated institution of higher education to provide a concurrent enrollment course if the
LEA's designated institution of higher education:
(a) chooses not to offer the concurrent enrollment course proposed by the LEA; [
or
]
(b) fails to respond to the LEA's request under Subsection (2) within 30 days after the
day on which the LEA contacts the designated institution of higher education[
.
]
;
(c) uses instructional materials in a course that are sensitive materials, as defined in
Section 
53G-10-103
, or that are materials otherwise prohibited by state law or state board rule
for use in kindergarten through grade 12; or
(d) (i) reaches the institution of higher education's enrolled student capacity for the
concurrent enrollment course; and
(ii) prohibits an LEA with an eligible instructor, as described in Section 
53E-10-302
,
from expanding the concurrent enrollment course to eligible students.