of first refusal. (1) As used in this section, "designated institution of higher education" means an eligible institution, 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) or (5), if the LEA's designated 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 shall contract with an eligible institution 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 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. (5) For a student who wants to enroll in an existing concurrent enrollment course that is not offered online by an LEA's designated institution of higher education, the LEA shall contract with any eligible institution that offers the online concurrent enrollment course.
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