1. (1) The terms defined in Section 53E-10-301 apply to this section.
2. (2) The state board shall allocate money appropriated for concurrent enrollment in accordance with this section.

3. (3)

   1. (a) The state board shall allocate money appropriated for concurrent enrollment in proportion to the number of credit hours earned for courses taken for which:

      1. (i) an LEA primarily bears the cost of instruction; and
      2. (ii) an institution of higher education primarily bears the cost of instruction.

   2. (b) From the money allocated under Subsection (3)(a)(i), the state board shall distribute:

      1. (i) 60% of the money to LEAs; and
      2. (ii) 40% of the money to the Utah Board of Higher Education.

   3. (c) From the money allocated under Subsection (3)(a)(ii), the state board shall distribute:

      1. (i) 40% of the money to LEAs; and
      2. (ii) 60% of the money to the Utah Board of Higher Education.
   4. (d) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the distribution of the money to LEAs under Subsections (3)(b)(i) and (3)(c)(i).
   5. (e) The Utah Board of Higher Education shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the distribution of the money allocated to institutions of higher education under Subsections (3)(b)(ii) and (3)(c)(ii).

4. (4) Subject to budget constraints, the Legislature shall annually modify the amount of money appropriated for concurrent enrollment in proportion to the percentage increase or decrease over the previous school year in:

   1. (a) the number of statewide course credits earned; and
   2. (b) the value of the weighted pupil unit.

5. (5)

   1. (a) An LEA that receives money under this section may prioritize using the money to increase access to concurrent enrollment for groups of students who are underrepresented in concurrent enrollment.
   2. (b) 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.

   3. (c) An LEA shall:

      1. (i) use program funds to increase access to concurrent enrollment courses for students experiencing socioeconomic disadvantage, including by paying student fees related to the student's participation in a concurrent enrollment course, except fees for textbooks; and
      2. (ii) allocate funding equal to the cost of fees described in Subsection (5)(c)(i), excluding fees for textbooks, from the LEA's total allocation of concurrent enrollment funding before allocating the remainder of program funds for a use described in Subsections (5)(a) and (5)(b).
6. (6) An LEA may charge a restricted rate for indirect costs in concurrent enrollment programs.

Amended by Chapter 383, 2022 General Session