H.B. 274

1

UTAH K-8 ONLINE VIRTUAL SCHOOL
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ben C. Ferry
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill authorizes the State Board of Education to establish a virtual school for
10 students in kindergarten through the eighth grade.
11 Highlighted Provisions:
12 This bill:
13 . provides definitions;
14 . authorizes the State Board of Education to establish Utah K-8 Online, a virtual
15 school;
16 . provides for the participation of Utah K-8 Online students in other public school
17 programs;
18 . requires the State Board of Education to make certain rules;
19 . provides for the funding of Utah K-8 Online; and
20 . makes technical corrections.
21 Monies Appropriated in this Bill:
22 This bill appropriates:
23 . as an ongoing appropriation subject to future budget constraints, $4,713,150 from
24 the Uniform School Fund to the State Board of Education; and
25 . $100,000 from the Uniform School Fund for fiscal year 2008-09 only, to the State
26 Board of Education.
27 Other Special Clauses:

28 This bill provides an immediate effective date.
29 Utah Code Sections Affected:
30 AMENDS:
31 53A-15-1001, as enacted by Laws of Utah 2006, Chapter 227
32 53A-15-1002, as enacted by Laws of Utah 2006, Chapter 227
33 53A-17a-104, as last amended by Laws of Utah 2007, Chapters 2, 344, 368, and 372
34 ENACTS:
35 53A-15-1008, Utah Code Annotated 1953
36 53A-15-1009, Utah Code Annotated 1953
37 53A-15-1010, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 53A-15-1001 is amended to read:
41 Part 10. Virtual Schools Act
42 53A-15-1001. Title.
43 This part is known as the "[Electronic High School] Virtual Schools Act."
44 Section 2. Section 53A-15-1002 is amended to read:
45 53A-15-1002. Definitions.
46 As used in this part:
47 (1) "Board" means the State Board of Education.
48 (2) "Electronic High School" means a rigorous program offering grade 9 - 12 level
49 courses delivered over the Internet and coordinated by the board.
50 (3) "Home-schooled student" means a student:
51 (a) who attends a home school;
52 (b) is exempt from school attendance pursuant to Section 53A-11-102 ; and
53 (c) attends no more than two regularly scheduled classes or courses in a public school
54 per semester.
55 (4) "Open-entry, open-exit" means:
56 (a) a method of instructional delivery that allows for flexible scheduling in response to
57 individual student needs or requirements and demonstrated competency when knowledge and
58 skills have been mastered; and

59 (b) students have the flexibility to begin or end study at any time, progress through
60 course material at their own pace, and demonstrate competency when knowledge and skills
61 have been mastered.
62 (5) "Utah K-8 Online" means the virtual school coordinated by the board for students
63 in kindergarten through the eighth grade in accordance with the provisions of this part.
64 (6) "Virtual school" means a school that uses technology in order to provide a
65 preponderance of its curriculum and instruction to its students through the Internet or other
66 electronic means in a manner that fosters on-demand, interactive, self-paced, and
67 individualized instruction.
68 Section 3. Section 53A-15-1008 is enacted to read:
69 53A-15-1008. Utah K-8 Online -- Authorization -- State board rulemaking.
70 (1) The board is authorized to establish and coordinate the operations of Utah K-8
71 Online, a virtual school for students in kindergarten through the eighth grade.
72 (2) Utah K-8 Online may:
73 (a) begin operation in the 2008-09 school year; and
74 (b) have a maximum full-time equivalent student capacity of 1,500 students.
75 (3) The board may contract with school districts, public schools, regional service
76 centers, or private entities to provide services for Utah K-8 Online.
77 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
78 board shall make rules providing:
79 (a) minimum standards, definitions, and coordination of Utah K-8 Online; and
80 (b) procedures for the distribution of funds appropriated for Utah K-8 Online.
81 Section 4. Section 53A-15-1009 is enacted to read:
82 53A-15-1009. Utah K-8 Online -- Participation in other public schools.
83 (1) A person having control of a minor who is enrolled in Utah K-8 Online may also
84 enroll the minor in another public school or public school program.
85 (2) The minor may participate in any academic activity in the other public school
86 available to students in the minor's grade or age group, subject to compliance with the same
87 rules and requirements that apply to a full-time student's participation in the activity.
88 (3) (a) A student who participates in another public school program is considered a
89 student of that public school for purposes of the student's participation in that program.

90 (b) Utah K-8 Online and the other public school shall enter into an agreement to cover
91 the reasonable costs of participation in the program.
92 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
93 board shall make rules:
94 (a) governing participation in programs as described in this section, including:
95 (i) the sharing of costs as described in Subsection (3); and
96 (ii) regulating the transferability of credits that are earned in Utah K-8 Online; and
97 (b) providing the policies and procedures necessary to permit students enrolled in Utah
98 K-8 Online to participate in public school extracurricular activities.
99 Section 5. Section 53A-15-1010 is enacted to read:
100 53A-15-1010. Utah K-8 Online -- Funding.
101 (1) Money appropriated to the board in Section 53A-17a-104 for Utah K-8 Online shall
102 be allocated to Utah K-8 Online in the amount of 1.3 times the value of the weighted pupil
103 unit, as provided in Subsection 53A-17a-103 (1), for each full-time equivalent student.
104 (2) Utah K-8 Online may not receive any other funding provided in this title, except as
105 the funding is specifically made available to Utah K-8 Online.
106 (3) Each year the Legislature shall increase the money appropriated to the board in
107 Section 53A-17a-104 for Utah K-8 Online based on:
108 (a) enrollment growth in Utah K-8 Online; and
109 (b) the percentage increase in the value of the weighted pupil unit.
110 Section 6. Section 53A-17a-104 is amended to read:
111 53A-17a-104. Amount of state's contribution toward minimum school program.
112 (1) The total contribution of the state toward the cost of the minimum school program
113 may not exceed the sum of $2,273,574,120 for the fiscal year beginning July 1, 2007, except as
114 otherwise provided by the Legislature through supplemental appropriations.
115 (2) There is appropriated from state and local funds for fiscal year 2007-08 for
116 distribution to school districts and charter schools, in accordance with this chapter, monies for
117 the following purposes and in the following amounts:
118 (a) basic program - kindergarten, $61,819,260 (24,590 WPUs);
119 (b) basic program - grades 1-12, $1,202,446,200 (478,300 WPUs);
120 (c) basic program - professional staff, $112,436,136 (44,724 WPUs);

121 (d) basic program - administrative costs, $4,072,680 (1,620 WPUs);
122 (e) basic program - necessarily existent small schools and units for consolidated
123 schools, $19,229,586 (7,649 WPUs);
124 (f) special education - regular program - add-on WPUs for students with disabilities,
125 $143,034,030 (56,895 WPUs);
126 (g) preschool special education program, $20,918,994 (8,321 WPUs);
127 (h) self-contained regular WPUs, $33,587,040 (13,360 WPUs);
128 (i) extended year program for severely disabled, $922,638 (367 WPUs);
129 (j) special education programs in state institutions and district impact aid, $4,090,278
130 (1,627 WPUs);
131 (k) career and technical education district programs, $65,147,796 (25,914 WPUs),
132 including $1,114,000 for summer career and technical education agriculture programs;
133 (l) career and technical education district set-aside, $2,742,774 (1,091 WPUs);
134 (m) class size reduction, $82,330,986 (32,749 WPUs);
135 (n) Social Security and retirement programs, $333,315,119;
136 (o) pupil transportation to and from school, $70,928,797, of which not less than
137 $2,462,300 shall be allocated to the Utah Schools for the Deaf and Blind to pay for
138 transportation costs of the schools' students;
139 (p) guarantee transportation levy, $500,000;
140 (q) Local Discretionary Block Grant Program, $21,820,748;
141 (r) Interventions for Student Success Block Grant Program, $17,953,612;
142 (s) Quality Teaching Block Grant Program, $73,947,829;
143 (t) highly impacted schools, $5,123,207;
144 (u) at-risk programs, $29,926,867;
145 (v) adult education, $9,781,008;
146 (w) accelerated learning programs, $3,975,546;
147 (x) concurrent enrollment, $9,215,497;
148 (y) electronic high school, $2,000,000;
149 (z) School LAND Trust Program, $21,000,000;
150 (aa) state-supported voted leeway, $227,700,777;
151 (bb) state-supported board leeway, $62,066,336;

152 (cc) charter schools, pursuant to Section 53A-1a-513 , $28,509,000;
153 (dd) charter school administrative costs, $750,000;
154 (ee) K-3 Reading Improvement Program, $12,500,000;
155 (ff) state-supported board leeway for K-3 Reading Improvement Program,
156 $15,000,000; [and]
157 (gg) Public Education Job Enhancement Program, $2,430,000[.]; and
158 (hh) Utah K-8 Online, $4,713,150.
159 Section 7. Appropriation.
160 (1) There is appropriated $100,000 from the Uniform School Fund for fiscal year
161 2007-08 only, to the State Board of Education.
162 (2) It is the intent of the Legislature that the appropriation in Subsection (1) shall be
163 used to provide start-up costs for Utah K-8 Online.
164 Section 8. Effective date.
165 If approved by two-thirds of all the members elected to each house, this bill takes effect
166 upon approval by the governor, or the day following the constitutional time limit of Utah
167 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
168 the date of veto override.




Legislative Review Note
as of 11-15-07 4:23 PM

Office of Legislative Research and General Counsel