First Substitute H.B. 274

Representative Ben C. Ferry proposes the following substitute bill:

1 UTAH K-8 ONLINE VIRTUAL SCHOOL
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ben C. Ferry
5 Senate Sponsor: Mark B. Madsen
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, $754,200 from the
24 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 ENACTS:
34 53A-15-1008, Utah Code Annotated 1953
35 53A-15-1009, Utah Code Annotated 1953
36 53A-15-1010, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 53A-15-1001 is amended to read:
40 Part 10. Virtual Schools Act
41 53A-15-1001. Title.
42 This part is known as the "[Electronic High School] Virtual Schools Act."
43 Section 2. Section 53A-15-1002 is amended to read:
44 53A-15-1002. Definitions.
45 As used in this part:
46 (1) "Board" means the State Board of Education.
47 (2) "Electronic High School" means a rigorous program offering grade 9 - 12 level
48 courses delivered over the Internet and coordinated by the board.
49 (3) "Home-schooled student" means a student:
50 (a) who attends a home school;
51 (b) is exempt from school attendance pursuant to Section 53A-11-102 ; and
52 (c) attends no more than two regularly scheduled classes or courses in a public school
53 per semester.
54 (4) "Open-entry, open-exit" means:
55 (a) a method of instructional delivery that allows for flexible scheduling in response to
56 individual student needs or requirements and demonstrated competency when knowledge and

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

88 student of that public school for purposes of the student's participation in that program.
89 (b) Utah K-8 Online and the other public school shall enter into an agreement to cover
90 the reasonable costs of participation in the program.
91 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
92 board shall make rules:
93 (a) governing participation in programs as described in this section, including:
94 (i) the sharing of costs as described in Subsection (3); and
95 (ii) regulating the transferability of credits that are earned in Utah K-8 Online; and
96 (b) providing the policies and procedures necessary to permit students enrolled in Utah
97 K-8 Online to participate in public school extracurricular activities.
98 Section 5. Section 53A-15-1010 is enacted to read:
99 53A-15-1010. Utah K-8 Online -- Funding.
100 (1) Money appropriated to the board for Utah K-8 Online shall be allocated to Utah
101 K-8 Online.
102 (2) (a) Utah K-8 Online shall receive the value of the weighted pupil unit, as provided
103 in Subsection 53A-17a-103 (1), for each full-time equivalent student.
104 (b) 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 for
107 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. One-time appropriation.
111 (1) There is appropriated $100,000 from the Uniform School Fund for fiscal year
112 2007-08 only, to the State Board of Education.
113 (2) It is the intent of the Legislature that the appropriation in Subsection (1) shall be
114 used to provide start-up costs for Utah K-8 Online.
115 Section 7. Ongoing appropriation.
116 As an ongoing appropriation subject to future budget constraints, there is appropriated
117 from the Uniform School Fund for fiscal year 2008-09, $754,200 to State Board of Education
118 for Utah K-8 Online established in Title 53A, Chapter 15, Part 10, Virtual Schools Act.

119 Section 8. Effective date.
120 If approved by two-thirds of all the members elected to each house, this bill takes effect
121 upon approval by the governor, or the day following the constitutional time limit of Utah
122 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
123 the date of veto override.