Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 493 (2024GS)

Sponsor

Rep. Wilcox, R.

Final action

Governor Signed 3/12/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• Ĥ→ [ provides that certain private institutions may participate in the concurrent 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 ;
• provides additional reporting requirements related to the right of first refusal; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Tue, Feb 27, 2024 at 10:58 AM by housengrossing.
CONCURRENT ENROLLMENT PARTICIPATION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: 
 David P. Hinkins
LONG TITLE
General Description:
This bill amends provisions of the concurrent enrollment program.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ 
Ĥ→ [
 provides that certain private institutions may participate in the concurrent
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
 ;
▸ provides additional reporting requirements related to the right of first refusal; 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 2021, Chapter 379
53E-10-302
, as last amended by Laws of Utah 2023, Chapter 172
53E-10-303
, as last amended by Laws of Utah 2023, Chapter 172
53E-10-305
, as last amended by Laws of Utah 2020, Chapters 220, 365
53E-10-308
, 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-10-301
 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 Utah Board of
Higher Education 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 institution" means:
(a) a degree-granting institution of higher education or a technical college within the
state system of higher education, as identified in Section 
53B-1-102
; or
(b)
Ĥ→ [
a private, nonprofit college or university in the state that is accredited by the
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
[
(4)
] 
(5)
 "Eligible instructor" means an instructor who meets the requirements
described in [
Subsection 
53E-10-302
(6)
] 
Section 
53E-10-302
.
[
(5)
] 
(6)
 "Eligible student" means a student who:
(a) (i) is enrolled in, and counted in average daily membership in, a public school
within the state; or
(ii) is in the custody of the Division of Juvenile Justice Services and subject to the
jurisdiction of the Youth Parole Authority;
(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 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 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 
eligible
 institution [
of higher education
];
(b) includes only a course that:
(i) leads to a degree or certificate offered by an 
eligible
 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 
eligible
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 
eligible
 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 
eligible
 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 
eligible
 institution [
of
higher education
] may use concurrent enrollment money.
(4) After consultation with 
eligible
 institution [
of higher education
] concurrent
enrollment directors, the Utah Board of Higher Education shall:
(a) provide guidelines to an 
eligible
 institution [
of higher education
] for establishing
qualifying academic criteria for an eligible student to enroll in a concurrent enrollment course;
and
(b) 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
] 
eligible institution's
decision under Subsection (7) if the 
eligible
 institution [
of higher education
] does not approve
an LEA employee as an eligible instructor; and
(B) an LEA or 
eligible
 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 
eligible
 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 
eligible
 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 
eligible
 institution [
of higher education
]; and
(iii) (A) as described in Subsection (7), is approved as an eligible instructor by the
eligible
 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 
eligible
 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 -2019 or 2019 -2020 school year.
(7) An 
eligible
 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 
eligible
 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 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 
eligible
 institution [
of higher education
].
(8) An 
eligible
 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 
eligible
 institution [
of higher education
].
Section 3. 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
eligible
 institution [
of higher education
]
, as that term is defined in Section 
53E-10-301
,
 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) Except as provided in Subsection (4) 
Ĥ→ 
or (5)
 ←Ĥ
 , if the LEA's designated
186a 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
] 
shall
 contract with an 
eligible
 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;
(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
] 
eligible institution'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. 
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
Section 4. Section 
53E-10-305
 is amended to read:
53E-10-305.
Tuition and fees.
(1) Except as provided in this section, the Utah Board of Higher Education or an
institution of higher education may not charge tuition or fees for a concurrent enrollment
course.
(2) (a) The Utah Board of Higher Education 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
(6)(b)
] 
Section 
53E-10-302
; 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 5. Section 
53E-10-308
 is amended to read:
53E-10-308.
Reporting.
Ĥ→ [
(1)
] ←Ĥ
The state board and the Utah Board of Higher Education shall submit an
231a annual
written report to the Higher Education Appropriations Subcommittee and in accordance with
Section 
53E-1-203
 on student participation in the concurrent enrollment program, including:
Ĥ→ [
[(1)] 
(a)
] 
(1)
 ←Ĥ
data on the [
higher
] education tuition not charged due to the hours of
234a [
higher
]
education credit granted through concurrent enrollment;
Ĥ→ [
[(2)] 
(b)
] 
(2)
 ←Ĥ
tuition or fees charged under Section 
53E-10-305
;
Ĥ→ [
[(3)] 
(c)
] 
(3)
 ←Ĥ
an accounting of the money appropriated for concurrent enrollment;
237a and
Ĥ→ [
[(4)] 
(d)
] 
(4)
 ←Ĥ
a justification of the distribution method described in [
Subsections
53F-2-409
(3)(d) and (e)
] 
Section 
53F-2-409
.
Ĥ→ [
(2) In addition to the report required under Subsection (1), on or before November 1 of
each year, the state board and Utah Board of Higher Education shall report to the Education
Interim Committee on designated institution of higher education and eligible institution
participation in the concurrent enrollment program under Section 
53E-10-303
, including:
(a) (i) each designated institution of higher education that contracts with an LEA to
provide a concurrent enrollment course;
(ii) the concurrent enrollment class offered; and
(iii) the number of credits granted through concurrent enrollment; and
(b) each eligible institution that is not a designated institution of higher education that
contracts with an LEA to provide a concurrent enrollment course, including:
(i) the concurrent enrollment class offered;
(ii) the number of credits granted through concurrent enrollment; and
(iii) if the eligible institution refuses to contract with an LEA to provide a concurrent
enrollment course, a justification for the eligible institution's refusal to contract with the LEA.
] ←Ĥ
Section 6. 
Effective date.
This bill takes effect on May 1, 2024.