Exclusions - limitation

(1) (a) This article 35 does not apply to a course that is offered as part of a program of off-campus instruction established pursuant to section 23-1-109 (1) to (5) unless the course offered meets all requirements of this article 35 and the requirements of an accrediting agency recognized by the United States department of education. (b) After July 1, 2028, additional courses that are eligible pursuant to this section for participation in concurrent enrollment courses shall not be approved pursuant to this article 35 unless the appropriation made by the general assembly to the department is sufficient for the department to comply with course audit and oversight requirements. Courses that are eligible pursuant to this section for participation as concurrent enrollment courses and are approved pursuant to this article 35 before July 1, 2028, retain their approved status. Beginning in the annual general appropriations act for the 2028-29 state fiscal year, the general assembly shall indicate via footnote to the annual general appropriations act whether the funding for the department is calculated to provide sufficient funding for course audit and oversight requirements to allow additional courses to be approved pursuant to this section. (2) Nothing in this article shall be construed to restrict the ability of an institution of higher education to independently offer courses for college credit outside of the regular school day using school district facilities. (3) Repealed. (4) The provisions of this article shall not apply to an early college.