First Substitute H.B. 172

Representative Ben C. Ferry proposes the following substitute bill:

1 UTAH VIRTUAL SCHOOLS
2 2007 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 and modifies charter school
11 provisions relating to virtual charter schools.
12 Highlighted Provisions:
13 This bill:
14 . provides definitions;
15 . requires the State Charter School Board and the State Board of Education to
16 establish a virtual charter school that will begin operations in the 2007-08 school
17 year;
18 . provides exemptions from certain statutes and requires a waiver of certain State
19 Board of Education rules;
20 . provides for virtual charter school student participation in programs at other public
21 schools;
22 . provides for the funding of virtual charter schools; and
23 . authorizes the State Board of Education to establish Utah K-8 Online, a virtual
24 school;
25 . provides for the participation of Utah K-8 Online students in other public school

26 programs;
27 . requires the State Board of Education to make certain rules;
28 . provides for the funding of Utah K-8 Online; and
29 . makes technical corrections.
30 Monies Appropriated in this Bill:
31 This bill appropriates:
32 . $200,000 from the Uniform School Fund for fiscal year 2007-08 only, to the State
33 Board of Education.
34 Other Special Clauses:
35 This bill provides an immediate effective date.
36 Utah Code Sections Affected:
37 AMENDS:
38 53A-1a-501.3, as enacted by Chapter 251, Laws of Utah 2004
39 53A-15-1001, as enacted by Chapter 227, Laws of Utah 2006
40 53A-15-1002, as enacted by Chapter 227, Laws of Utah 2006
41 ENACTS:
42 53A-1a-517, Utah Code Annotated 1953
43 53A-1a-518, Utah Code Annotated 1953
44 53A-1a-519, Utah Code Annotated 1953
45 53A-15-1008, Utah Code Annotated 1953
46 53A-15-1009, Utah Code Annotated 1953
47 53A-15-1010, Utah Code Annotated 1953
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 53A-1a-501.3 is amended to read:
51 53A-1a-501.3. Definitions.
52 As used in this part[, "chartering]:
53 (1) "Chartering entity" means the entity that authorizes the establishment of a charter
54 school.
55 (2) "Virtual charter school" means a performance-based, charter school that delivers
56 synchronous or asynchronous instruction from a teacher to a student primarily through the use

57 of technology via the Internet in a virtual or remote setting.
58 Section 2. Section 53A-1a-517 is enacted to read:
59 53A-1a-517. Virtual charter school.
60 (1) The State Charter School Board and the State Board of Education may authorize
61 and approve virtual charter schools.
62 (2) Notwithstanding the charter school caps under Section 53A-1a-502.5 and the
63 application requirements under this part, the State Charter School Board and the State Board of
64 Education shall authorize and approve a virtual charter school that:
65 (a) begins operation in the 2007-08 school year; and
66 (b) has a maximum full-time equivalent student capacity of 1,500 students for the
67 2007-08 school year.
68 (3) The State Board of Education shall waive any necessary rules to accommodate the
69 authorization of a virtual charter school under Subsection (2).
70 (4) The State Charter School Board and the State Board of Education may authorize
71 and approve additional full-time equivalent student capacity for the virtual charter school
72 authorized under Subsection (2) in subsequent school years.
73 (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
74 State Board of Education shall make rules providing:
75 (a) definitions and minimum standards for virtual charter schools and their operations;
76 and
77 (b) procedures for the distribution of funds appropriated for virtual charter schools.
78 Section 3. Section 53A-1a-518 is enacted to read:
79 53A-1a-518. Virtual charter school students -- Participation in other public
80 schools.
81 (1) A person having control of a minor under this part who is enrolled in a virtual
82 charter school may also enroll the minor in another public school or public school program as
83 provided in this section.
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 in accordance with

88 the provisions in this section is considered a student of that public school for purposes of the
89 student's participation in that program.
90 (b) The virtual charter school shall remit to the other public school one-sixth of the
91 value of the weighted pupil unit provided in Subsection 53A-17a-103 (1) for each academic
92 course that the virtual charter school student enrolls in at the other public school, up to a
93 maximum of two courses.
94 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
95 State Board of Education shall make rules:
96 (a) governing participation in programs as described in this section, including:
97 (i) the sharing of costs as described in Subsection (3); and
98 (ii) regulating the transferability of credits that are earned in a virtual charter school;
99 and
100 (b) providing the policies and procedures necessary to permit students enrolled in a
101 virtual charter school to participate in public school extracurricular activities.
102 Section 4. Section 53A-1a-519 is enacted to read:
103 53A-1a-519. Virtual charter schools -- Charter authority required -- Funding.
104 (1) A charter school may not operate as a virtual charter school unless the charter
105 school has specific authority in its charter to operate as a virtual charter school.
106 (2) A virtual charter school shall receive the funding for charter schools as provided in
107 this part.
108 Section 5. Section 53A-15-1001 is amended to read:
109 Part 10. Virtual Schools Act
110 53A-15-1001. Title.
111 This part is known as the "[Electronic High School] Virtual Schools Act."
112 Section 6. Section 53A-15-1002 is amended to read:
113 53A-15-1002. Definitions.
114 As used in this part:
115 (1) "Board" means the State Board of Education.
116 (2) "Electronic High School" means a rigorous program offering grade 9 - 12 level
117 courses delivered over the Internet and coordinated by the board.
118 (3) "Home-schooled student" means a student:

119 (a) who attends a home school;
120 (b) is exempt from school attendance pursuant to Section 53A-11-102 ; and
121 (c) attends no more than two regularly scheduled classes or courses in a public school
122 per semester.
123 (4) "Open-entry, open-exit" means:
124 (a) a method of instructional delivery that allows for flexible scheduling in response to
125 individual student needs or requirements and demonstrated competency when knowledge and
126 skills have been mastered; and
127 (b) students have the flexibility to begin or end study at any time, progress through
128 course material at their own pace, and demonstrate competency when knowledge and skills
129 have been mastered.
130 (5) "Utah K-8 Online" means the virtual school coordinated by the board for students
131 in kindergarten through the eighth grade in accordance with the provisions of this part.
132 (6) "Virtual school" means a school that uses technology in order to provide a
133 preponderance of its curriculum and instruction to its students through the Internet or other
134 electronic means in a manner that fosters on-demand, interactive, self-paced, and
135 individualized instruction.
136 Section 7. Section 53A-15-1008 is enacted to read:
137 53A-15-1008. Utah K-8 Online -- Authorization -- State board rulemaking.
138 (1) The board is authorized to establish and coordinate the operations of Utah K-8
139 Online, a virtual school for students in kindergarten through the eighth grade.
140 (2) (a) Utah K-8 Online may:
141 (i) begin operation in the 2007-08 school year; and
142 (ii) have a maximum full-time equivalent student capacity of 1,500 students for the
143 2007-08 school year.
144 (b) The board may authorize and approve additional full-time equivalent student
145 capacity for Utah K-8 Online in subsequent school years.
146 (3) The board may contract with school districts, public schools, regional service
147 centers, or private entities to provide services for Utah K-8 Online.
148 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
149 board shall make rules providing:

150 (a) minimum standards, definitions, and coordination of Utah K-8 Online; and
151 (b) procedures for the distribution of funds appropriated for Utah K-8 Online.
152 Section 8. Section 53A-15-1009 is enacted to read:
153 53A-15-1009. Utah K-8 Online -- Participation in other public schools.
154 (1) A person having control of a minor who is enrolled in Utah K-8 Online may also
155 enroll the minor in another public school or public school program.
156 (2) The minor may participate in any academic activity in the other public school
157 available to students in the minor's grade or age group, subject to compliance with the same
158 rules and requirements that apply to a full-time student's participation in the activity.
159 (3) (a) A student who participates in another public school program is considered a
160 student of that public school for purposes of the student's participation in that program.
161 (b) Utah K-8 Online and the other public school shall enter into an agreement to cover
162 the reasonable costs of participation in the program.
163 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
164 board shall make rules:
165 (a) governing participation in programs as described in this section, including:
166 (i) the sharing of costs as described in Subsection (3); and
167 (ii) regulating the transferability of credits that are earned in Utah K-8 Online; and
168 (b) providing the policies and procedures necessary to permit students enrolled in Utah
169 K-8 Online to participate in public school extracurricular activities.
170 Section 9. Section 53A-15-1010 is enacted to read:
171 53A-15-1010. Utah K-8 Online -- Funding.
172 (1) Money shall be allocated to Utah K-8 Online in the amount of 1.4 times the value
173 of the weighted pupil unit, as provided in Subsection 53A-17a-103 (1), for each full-time
174 equivalent student.
175 (2) Utah K-8 Online may not receive any other funding provided in this title, except as
176 the funding is specifically made available to Utah K-8 Online.
177 Section 10. Appropriation.
178 (1) There is appropriated $200,000 from the Uniform School Fund for fiscal year
179 2006-07 only, to the State Board of Education.
180 (2) It is the intent of the Legislature that the appropriation in Subsection (1) shall be

181 used to provide start-up costs for Utah K-8 Online and virtual charter schools.
182 Section 11. Effective date.
183 If approved by two-thirds of all the members elected to each house, this bill takes effect
184 upon approval by the governor, or the day following the constitutional time limit of Utah
185 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
186 the date of veto override.