DAR File No. 37808

Education, Administration

Rule R277-713

Concurrent Enrollment of High School Students in College Courses

Notice of Proposed Rule

(Amendment)

DAR File No.: 37808
Filed: 07/01/2013 08:31:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-713 is amended to reflect S.B. 162, passed in the 2013 General Legislative Session, modifications related to charging partial tuition for concurrent enrollment courses. S.B. 162 (2013) allows an institution of higher education to charge a student partial tuition for technology-intensive concurrent enrollment courses and gateway career and technology education courses.

Summary of the rule or change:

Language is added that allows a student to pay a reduced partial tuition rate for each subsequent concurrent enrollment course the student takes after the student pays the partial tuition for the first concurrent enrollment courses, and allows the waiver of partial tuition when a student elects not to receive higher education credit.

State statutory or constitutional authorization for this rule:

• Section 53A-17a-120.5
• Subsection 53A-1-401(3)
• Subsection 53A-1-402(1)(c)

Anticipated cost or savings to:

the state budget:

There is no anticipated costs or savings to the state budget. The State Legislature appropriates funds for concurrent enrollment. The appropriation does not depend on the number of students in the class or the fees or partial fees that they pay.

local governments:

There is no anticipated cost or savings to local government. Local education agencies will support concurrent enrollment based on the legislative appropriation.

small businesses:

There is no anticipated cost or savings to small businesses. This rule and the amendments to the rule apply to public education and do not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

The new law and the amended rule allow for fees--minimally different than in the past--to be charged to students. Costs or savings in this first year are speculative.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Funding is provided for students enrolled in concurrent enrollment courses.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Martell Menlove, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2013

This rule may become effective on:

08/21/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-713. Concurrent Enrollment of High School Students in College Courses.

R277-713-1. Definitions.

A. "Adjunct/Concurrent faculty" means instructors approved by the cooperating USHE institution and approved by [school district or charter school]LEAs (as defined in R277-713-1F) receiving concurrent enrollment services from the instructor to teach concurrent enrollment classes on behalf of the USHE institution.

B. "Annual Concurrent Enrollment Contract" means a written plan, negotiated by an [school district]LEA and a USHE institution, to provide college level courses to high school students.

C. "Board" means the Utah State Board of Education.

D. "Concurrent enrollment" for state funding and for the purposes of this rule means enrollment by public school students in one or more USHE institution course(s) under a contractual agreement between the USHE institution and an [school district/public school]LEA. Students continue to be enrolled in public schools, counted in [A]average [D]daily [M]membership, and receive credit toward graduation. They also receive college credit for courses.

E. "Fees" for purposes of concurrent enrollment and this rule mean expenses to students directly related to enrollment and tuition. Fees do not include reasonable lab costs, expenses for textbooks and consumable curriculum materials that are required only for USHE credit or grades.

F. "LEA" means a local education agency which includes school boards/public school districts and charter schools.

[F]G. "Technology-intensive concurrent enrollment courses (TICE)," means designed hybrid courses, having a blend of different learning activities available both in classrooms and online, or courses delivered exclusively online.

[G]H. "USHE" means the Utah System of Higher Education.

[H]I. "USOE" means the Utah State Office of Education.

 

R277-713-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which provides for the State Board to have general supervision and control over public schools and by Section 53A-17a-120.5 which directs the Board to adopt rules providing that a school participating in the concurrent enrollment programs offered under Section 53A-15-101 shall receive an allocation from the monies as provided in Section 53A-15-101, Section 53A-1-402(1)(c) which directs the Board to adopt minimum standards for curriculum, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of concurrent enrollment is to provide a challenging college-level and productive secondary school experience, particularly in the senior year, and to provide transition courses that can be applied to post-secondary education.

C. The purpose of this rule is to specify the standards and procedures for concurrent enrollment courses and criteria for funding appropriate concurrent enrollment expenditures.

 

R277-713-3. Student Eligibility.

A. [Schools]LEAs and USHE institutions shall jointly establish student eligibility requirements which shall be sufficiently selective to predict a successful experience for students.

B. [Local schools]LEAs have the primary responsibility for identifying students who are eligible to participate in concurrent enrollment classes.

C. To ensure that a student is prepared for college level work, an appropriate assessment shall be administered to the student prior to participation in all concurrent mathematics and English courses, and to determine that the student meets p rer equisites previously established for the same campus-based course by the sponsoring USHE institutions.

D. Each student participating in the concurrent enrollment program shall have a current student education/occupation plan (SEOP) on file at the participating school, as required under Section 53A-1a-106(2)(b).

E. [Schools]LEAs and USHE institutions shall jointly coordinate advice and information provided to a prospective or current high school student who participates in the concurrent enrollment program consistent with Section 53A-15-101. Advising shall include providing information on general education requirements at [higher education]USHE institutions and assisting students or parents to efficiently choose concurrent enrollment courses to avoid duplication and excess credit hours.

 

R277-713-4. Courses and Student Participation.

A. Concurrent enrollment allows students the option to complete high school graduation requirements and prepares students to meet college admission requirements at the conclusion of the eleventh grade, but does not preclude a student involved in accelerated learning programs from graduating by the eleventh grade.

[A]B. [The awarding of] USHE institutions have the responsibility to determine the USHE institution credit for concurrent enrollment courses, [is the province of colleges and universities governed by]consistent with USHE policies.

C. College-level courses taught in the high school have the same credit hour value as when taught on a college campus; they apply toward graduation on the same basis as courses taught at a USHE institution to which the credits are submitted.

[B]D. Concurrent enrollment offerings shall be limited to courses in English, mathematics, fine arts, humanities, science, social science, world languages, and career technical programs to allow a focus of energy and resources on quality instruction in these courses. There may be a variety of courses in the career technical education area. Concurrent Enrollment courses should assist students toward post-secondary degrees.

E(1) TICE concurrent enrollment courses are designed as hybrid courses, having a blend of different learning activities available both in classrooms and online, they may be delivered exclusively online.

[C.](2) TICE courses shall facilitate articulation, transfer of credit, and, when possible, use open source materials available to all USHE institutions in order to reduce costs.

[D]F. All concurrent enrollment courses shall be approved or orchestrated by the high school or the USOE and shall provide for waiver of fees to eligible students.

[E]G. [Only courses taken from a master list maintained by the Curriculum]The USOE Teaching and Learning Section [at the USOE shall be reimbursed from state concurrent enrollment funds]shall reimburse LEAs only for courses on the USOE master list.

[F]H. The Board of Regents, after consultation with [school districts/charter schools]LEAs, shall provide the USOE with proposed new course offerings, including syllabi and curriculum materials by November 30 of the year preceding the school year in which courses shall be offered.

[G]I. Concurrent enrollment funding shall be provided only for 1000 or 2000 level courses unless a student's SEOP identifies a student's readiness and preparation for a higher level course. This exception shall be individually approved by the student's counselor and [school district or charter school]the LEA's concurrent enrollment administrator. Concurrent enrollment funding [is not intended for]shall not fund unilateral parent/student initiated college attendance or course-taking.

[H]J. Concurrent enrollment course offerings shall reflect the strengths and resources of the respective schools and USHE institutions and be based upon student needs. The number of courses selected shall be kept small enough to ensure coordinated statewide development and [training]professional development activities for participating teachers.

[I]K. Appropriate USHE institutions shall take responsibility for [C]course content, procedures, examinations, teaching materials, and program monitoring [shall be the responsibility of the appropriate USHE institution,]and all procedures and materials shall be consistent with Utah law, and shall ensure quality and comparability with courses offered on the college or university campus.

[J]L. Participation in concurrent enrollment generates higher education credit that becomes a part of a student's permanent college transcript.

[K]M. [Schools]LEAs and USHE institutions shall jointly align information technology systems with all individual student academic achievement so that student information will be tracked through both education systems [in accordance]consistent with Section 53A-1-603.5.

 

R277-713-5. Program Delivery.

A. [Schools within the] USHE institutions that grant higher education/college credit may participate in the concurrent enrollment program, provided that such participation shall be consistent with the law and consistent with Board rules specific to the use of public education funds and rules for public education programs.

B. Concurrent enrollment courses, with exception of courses delivered through technology, may be offered to high school students only by USHE institutions in the corresponding geographic service region, as determined by the State Board of Regents.

C.(1) An [local school board or charter school governing board]LEA [shall]may contact the USHE institution in the corresponding geographical service region to provide concurrent enrollment courses, and the higher education institution shall respond to the request within 60 days after the day on which the [local school board or charter school]LEA contacts the institution on whether the institution will offer the requested courses.

(2) If the USHE institution in the corresponding service region denies the request for concurrent enrollment courses, another USHE institution may offer the concurrent enrollment course(s).

(3) Courses delivered[ exclusively] through technology are not subject to the corresponding geographic service region requirement.

D. Concurrent enrollment courses shall be offered at the most appropriate location using the most appropriate methods for the course content, the faculty, and the students involved.

E. [The delivery system and]Concurrent enrollment curriculum may be provided through live classroom instruction or telecommunications. The concurrent enrollment program shall be designed and implemented to take full advantage of the most current available educational technology.

F. LEAs shall not be reimbursed for concurrent enrollment [C]courses taken by students who have received a diploma, whose class has graduated or who have participated in graduation exercises[are not eligible for concurrent enrollment funding]. Senior students shall complete reimbursable concurrent enrollment courses prior to their graduation or participation in graduation exercises.

G. Concurrent enrollment is intended primarily for students in their last two years of high school.

(1) Concurrent enrollment offerings may not include high school courses that are typically offered in grades 9 or 10.

(2) The Early College High School Program, specifically initiated to encourage students to earn college credit beginning in the ninth grade leading to a college diploma earned concurrently with a high school diploma, may enroll student Program participants in grades 9 and 10 in concurrent enrollment courses.

H. [State reimbursement to school districts for concurrent enrollment courses may not exceed 30 semester hours per student per year.]The Board and State Board of Regents shall cooperate closely in developing, implementing and evaluating this program.

I. [Public schools/school districts]LEAs shall use USOE designated 11-digit course codes for concurrent enrollment courses.

 

R277-713-6. Student Tuition, Fees and Credit for Concurrent Enrollment Programs.

A. Secondary students may be assessed a one-time per institution admissions[application] fee required for full-time or part-time students in concurrent enrollment courses. No additional application fee may be charged.

B. A secondary student may be charged partial tuition up to $30 per credit hour for each concurrent enrollment course for which the student receives college credit[, except as provided in R277-713-6D].

[C. A secondary student may participate in a concurrent enrollment course and not pay the partial tuition if the secondary student elects not to receive credit from a USHE institution.

D(1) A USHE institution may not charge tuition to a high school concurrent enrollment student for:

(a) a technology-intensive concurrent (TICE) course; or

(b) a gateway career and technology education course, as defined by the State Board of Regents.

]C([2]1) A USHE institution may[ only] charge a concurrent enrollment student who qualifies for free or reduced school lunch partial tuition of [up to]no more than $5 per credit hour[s] for each concurrent enrollment course for which the student receives college credit.

([3]2) If a concurrent enrollment course is taught by a public school educator in a public school facility, a USHE institution may[only] charge a concurrent enrollment student [up to]no more than $10 per credit hour for the concurrent enrollment course for which the student receives college credit.

([4]3) If a concurrent enrollment course is taught through video conferencing, a USHE institution may charge a concurrent enrollment student [up to]no more than $15 per credit hour for the concurrent enrollment course for which the student receives USHE credit.

[ (5) If a high school student enrolls in multiple concurrent enrollment courses at an institution, the institution shall discount the partial tuition for each subsequent course the student takes after the student pays the full amount for the first course.

(6) The State Board of Regents shall determine how an institution discounts tuition for multiple courses.

] [E]D. Concurrent enrollment program costs attributable only to USHE credit or enrollment are not fees and as such are not subject to fee waiver under R277-407.

[F]E. All non-USHE related student[s'] costs or fees related to concurrent enrollment classes, which may include consumables, lab fees, copying, and material costs, as well as textbooks required for the course, are subject to fee waiver consistent with R277-407.

[G]F. [The school district/school]LEAs shall be responsible for these waivers. The agreement between the USHE institution and the district may address the responsibility for fee waivers.

[H]G. Credit:

(1) A student shall receive high school credit for a concurrent enrollment [classes]course that is consistent with the [district]LEA policies for awarding credit for graduation.

(2) Concurrent enrollment course credit shall count toward high school graduation credit requirements and for college credit; college credit shall be determined by the USHE institution consistent with this rule.

([2]3) College level courses taught in the high school carry the same credit hour value as when taught on a college or university campus and apply toward college/university graduation on the same basis as courses taught at the USHE institution to which the credits are submitted.

([3]4) Credit earned through the concurrent enrollment program shall be transferable from one USHE institution to another.

[ (4) Concurrent enrollment course credit shall count toward high school graduation requirements as well as for college credit.

]

R277-713-7. Faculty Requirements.

A. [Nomination of adjunct faculty is the joint responsibility of the participating local school district(s) and the participating USHE institution.]Public school educators in concurrent enrollment programs shall be approved prior to teaching as adjunct faculty and supervised by a USHE institution. Public [education teachers]school educators shall have secondary endorsements in the subject area(s) [to be taught]in which they teach and meet highly qualified standards for their assignment(s) consistent with R277-510.[ Final approval of the adjunct faculty shall be determined by the appropriate USHE institution.]

B. USHE institution faculty beginning their USHE employment [in]after the 200[5]4-0[6]5 school year who are not K-12 teachers and who have significant unsupervised access to K-12 students and instruct in the concurrent enrollment program defined under this rule shall complete a criminal background check consistent with Section 53A-3-410. The adjunct faculty employer shall have responsibility for determining the need for criminal background checks consistent with the law and for satisfying this requirement and shall maintain appropriate documentation.

C. Adjunct faculty status of high school teachers:

(1) High school teachers who hold adjunct or part time faculty status with a USHE institution for the purpose of teaching concurrent enrollment courses shall be included as fully as possible in the academic life of the supervising academic department.

(2) LEAs and USHE institutions[ and secondary schools] shall share expertise and professional development, as necessary, to adequately prepare teachers at all levels to teach concurrent enrollment students and content, including both federal and state laws specific to student privacy and student records.

 

R277-713-8. Concurrent Enrollment Funding and Use of Concurrent Enrollment Funds.

A. [Each district]LEAs shall receive a pro-rated amount of the funds appropriated for concurrent enrollment according to the number of semester hours successfully completed by students registered through the [district]LEA in the prior year compared to the state total of completed concurrent enrollment hours. Successfully completed means that a student received USHE credit for the course. Concurrent enrollment funds may not reimburse [districts]LEAs for[ repeated] concurrent enrollment courses repeated by students. Appropriate reimbursement may be verified at any reasonable time by USOE audit.

B. The funds shall first be allocated proportionally, based upon student credit hours delivered.

(1) Courses that are taught by public school educators: 60 percent of the funds shall be allocated to [local school boards and charter schools]LEAs, and 40 percent of the funds shall be allocated to the State Board of Regents.

(2) Courses taught by college or university faculty: 60 percent of the funds shall be allocated to the State Board of Regents, and 40 percent of the funds shall be allocated to [local school boards and charter schools]LEAs.

C. Each [high school]LEA shall receive its proportional share of[district] concurrent enrollment monies allocated to the [district]LEA pursuant to Section 53A-17a-120 .5 based upon the hours of concurrent enrollment course work successfully completed by students on the high school campus as compared to the state total of completed concurrent enrollment hours.

D. The state shall not reimburse LEAs for concurrent enrollment in excess of 30 semester hours per student per year.

[D]E. Funds allocated to [school districts]LEAs for concurrent enrollment shall not be used for any other program.

[E]F. [District]LEA use of state funds for concurrent enrollment is limited to the following:

(1) aid in [staff]professional development of adjunct faculty in cooperation with the participating USHE institution;

(2) assistance with delivery costs for distance learning programs;

(3) participation in the costs of [district or school]LEA personnel who work with the program;

(4) student textbooks and other instructional materials; and

(5) fee waivers for costs or expenses related to concurrent enrollment for fee waiver eligible students under R277-407.

(6) [districts/charter schools may] purchase s by LEAs of classroom equipment required to conduct concurrent enrollment courses.

(7) other uses approved in writing by the USOE consistent with the law and purposes of this rule.

[F]G. [School districts/charter schools]LEAs shall provide the USOE with end-of-year expenditures reports itemized by the categories[ identified in R277-713-8D].

 

R277-713-9. Annual Contracts and Other Student Instruction Issues.

A. Collaborating [school districts/charter schools]LEAs and USHE institutions shall negotiate annual contracts including:

(1) the courses offered;

(2) the location of the instruction;

(3) the teacher;

(4) student eligibility requirements;

(5) course outlines;

(6) texts, and other materials needed; and

(7) the administrative and supervisory services, [in-service education]professional development, and reporting mechanisms to be provided by each party to the contract.

(a) each [school district/charter school]LEA shall provide an annual report to the USOE regarding supervisory services and professional development provided by a USHE institution.

(b) each [school district/charter school]LEA shall provide an annual report to the USOE indicating that all concurrent enrollment instructors are in compliance with R277-713-7[B and C].

B. An [school district/charter school]LEA shall provide a copy of the annual contract entered into between an [school district/charter school]LEA and a USHE institution for the upcoming school year no later than May 30 annually.

C. The annual concurrent enrollment agreement between a USHE institution and an [school district/charter school]LEA who has responsibility shall:

(1) provide for parental permission for students to participate in concurrent enrollment classes, which includes notice to parents that participation in concurrent enrollment courses counts toward a student's college record/transcript,

(2) provide for the entity responsible for parent notification about concurrent enrollment purpose(s) and student and family privacy protections; and

(3) provide for discussion and training, as necessary, to all concurrent enrollment instructors about student information, student records laws, and student confidentiality.

 

KEY: students, curricula, higher education

Date of Enactment or Last Substantive Amendment: [October 9, 2012]2013

Notice of Continuation: August 14, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-17a-120.5; 53A-1-402(1)(c); 53A-1-401(3)