53B-16-111. In-person instruction.
| (1) |
As used in this section:
Terms Used In Utah Code 53B-16-111- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
“Course” means each section of a course that an institution of higher education offers as:
| (i) |
part of a program of instruction; or |
| (ii) |
a general education requirement. |
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| (b) |
“Institution of higher education” means an institution described in Section 53B-1-102. |
| (c) |
“Program of instruction” means the same as that term is defined in Section 53B-16-102. |
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| (2) |
Except as provided in Subsection (3):
| (a) |
for fall semester in 2021, an institution of higher education shall offer a number of in-person courses that is at least 75% of the number of in-person courses that the institution of higher education offered for the analogous semester that began immediately on or after August 1, 2019; and |
| (b) |
for spring semester in 2022, an institution of higher education shall offer a number of in-person courses that is at least 75% of the number of in-person courses that the institution of higher education offered at the beginning of the analogous semester that began on or immediately after January 1, 2020. |
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| (3) |
An institution of higher education may offer fewer in-person courses than the number of courses described in Subsection (2):
| (a) |
in proportion to the institution of higher education’s decline in enrollment if the institution has a decline in enrollment between the analogous semesters described in Subsection (2); |
| (b) |
for courses that are designed to accommodate nontraditional students who need to participate in online learning; or |
| (c) |
if a number of vaccinations against COVID-19, as that term is defined in Section 53-2c-102, that would allow all willing members of the institution’s faculty and staff to be vaccinated has not been available in the state before the beginning of the semester in question. |
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Enacted by Chapter 435, 2021 General Session
