1. (1) USHE institution faculty or public school educators teach CE courses for the offering institution.
2. (2) Selection of CE instructors LEAs and the participating USHE institution shall jointly select instructors for CE courses annually by the date agreed upon by the LEA and USHE institution. Selection criteria for instructors are the same as those criteria applied to other adjunct or equivalent instructional classifications within the institution's supervising departments or programs. Once approved as an adjunct, a CE instructor who teaches a CE course in 2018-19 or 2019-20 may continue to teach CE courses given curricular standards and student performance outcomes in the CE instructor's classes meet sponsoring academic department standards. Institutions shall establish a process for determining, in consultation with LEA partners, whether an eligible instructor who previously taught a CE course is no longer qualified to teach the CE course. The appropriate academic department or program at the institution must approve each CE instructor before teaching a CE class.
3. (3) Institutional Faculty CE Instructors - A USHE institution faculty member is an eligible CE instructor.

4. (4) LEA Employee Instructor Qualifications - An LEA employee is an eligible CE instructor if the LEA employee is licensed under statutory Education Professional Licensure, is supervised by an institution of higher education, and meets the following requirements:

   1. (a) is approved as an eligible instructor by the institution of higher education that provides the CE course taught by the LEA employee as provided under Subsection R765-165-10(4);
   2. (b) has an upper-level mathematics credential issued by the State Board of Education; or
   3. (c) teaches a course that the LEA employee taught during the 2018-19 or 2019-20 school year.

5. (5) A USHE institution shall approve an LEA employee as an eligible instructor:

   1. (a) for a career and technical education CE course, if the LEA employee has:

      1. (i) a degree, certificate, or industry certification in the CE course's academic field; or
      2. (ii) qualifying experience, as determined by the USHE institution.

   2. (b) for an accelerated foreign language course, the LEA employee teaching the course individually shall have:

      1. (i) a master's degree or higher in the course's academic field; or
      2. (ii) a master's degree or higher in any academic field and at least 18 completed credit hours of graduate course work in an academic field that is relevant to the course; and
      3. (iii) qualifying experience including demonstrated language proficiency of advanced-high or higher on a verbal and written exam using nationally recognized standards to assess an instructor's language proficiency or a bachelor's degree from a country of origin in the target language.

   3. (c) for an accelerated foreign language course, the LEA employee co-teaching with a USHE institution faculty member shall have:

      1. (i) a bachelor's degree from a country of origin in the target language; or
      2. (ii) qualifying experience including demonstrated language proficiency of advanced-mid or higher on a verbal and written exam using nationally recognized standards to assess an instructor's language proficiency.

   4. (d) Under Subsection R765-165-10(5)(c), an accelerated foreign language course is co-taught by an LEA employee and faculty member if:

      1. (i) the faculty member co-teaches the course with the LEA employee in person at least one day per week at the location where the course is held unless the location where the course is held is over 60 miles away from the partnered USHE institution, then the faculty member may blend in-person and live digital connected teaching if there is an agreement between the LEA and USHE institution for a blended model;
      2. (ii) the LEA employee and faculty member jointly provide feedback and support to students throughout the course; and
      3. (iii) the LEA employee and faculty member hold weekly meetings to review student progress and discuss learning outcomes.
   5. (e) USHE institutions shall implement requirements under Subsections R765-165-10(5)(b) through (d) no later than Fall 2027.

   6. (f) for a CE course other than a career and technical education course or accelerated foreign language course, if the LEA employee has:

      1. (i) a master's degree or higher in the CE course's academic field; or
      2. (ii) a master's degree or higher in any academic field and at least 18 completed credit hours of graduate course work in an academic field that is relevant to the CE course; or

      3. (iii) qualifying experience including:

         1. (A) the number of years of teaching experience;
         2. (B) student performance on qualifying test scores or AP exams in courses that the LEA employee teaches;
         3. (C) continuing education in a master's degree or higher in any academic field; or
         4. (D) other criteria established by the institution of higher education.

6. (6) Appeals Process for Instructor Qualification Approvals - If a designated service area USHE institution determines an LEA employee is not qualified to teach a CE course and the LEA has exhausted all administrative remedies available at the institution, the LEA may appeal the decision in writing to the Commissioner of Higher Education (Commissioner) within 15 calendar days of the institution's final decision. The Commissioner may appoint a designee to administer the appeals process in Subsection R765-165-10(6).

   1. (a) The Commissioner will review the LEA's appeal and the institution's decision.

      1. (i) The Commissioner may request additional documentation or information as necessary.
   2. (b) The Commissioner shall issue the final written decision to the institution and the LEA.
   3. (d) The Commissioner's decision, is final.
7. (7) Criminal Background Checks - USHE faculty who are not public school educators and who teach CE courses defined under this policy in a high school shall complete a criminal background check consistent with Title 53G, Chapter 11, Part 4, Background Checks. The faculty's institution must determine if a criminal background check is required and, if so, must complete the background check and maintain required documentation consistent with the law.
8. (8) Faculty Development - CE instructors shall be included as fully as possible in the academic life of the supervising academic department. USHE institutions and LEAs shall jointly initiate faculty development, including appropriate workshop experiences to adequately prepare instructors to teach CE students and course content before offering CE courses. If a USHE institution uses an instructor of record or co-teaching instructional model, the institution faculty shall fully engage and prepare the public school educator to successfully teach the curriculum before the beginning of the course. Each CE instructor must complete any faculty development required by the sponsoring academic department at the institution before teaching the CE class. USHE institution faculty shall be responsible to understand and comply with federal and state laws governing public school student privacy and student records.

KEY: concurrent enrollment, concurrent enrollment program

Date of Last Change: May 5, 2026

Notice of Continuation: January 7, 2026

Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103