H.B. 147

1

ONLINE EDUCATION AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Bradley G. Last
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies requirements for providing online courses to students.
10 Highlighted Provisions:
11 This bill:
12 . specifies the purpose of the Electronic High School;
13 . provides that the Electronic High School may only offer courses required for high
14 school graduation or that fulfill core curriculum course requirements;
15 . requires a school district or charter school to offer online courses at the grades 9
16 through 12 level and online concurrent enrollment courses to students enrolled in
17 the school district or charter school in grades 11 and 12;
18 . allows a school district or charter school to develop and teach online courses, and to
19 ensure a wide selection of high quality online courses are offered;
20 . requires a school district or charter school to contract with an entity for online
21 course content or online course instruction;
22 . allows a school district or charter school to form a consortium with other school
23 districts or charter schools for the purpose of contracting with an entity for online
24 course content or online course instruction;
25 . allows a student the option to enroll in online courses for a certain number of course
26 credits each year;
27 . provides that online course credit hours are included in daily membership, except a

28 student may not count as more than one FTE, unless the student intends to complete high
29 school graduation requirements and exit high school early;
30 . provides that a student enrolled in an online course may not take more than a full
31 course load unless:
32 . the student intends to complete high school graduation requirements and exit
33 high school early; or
34 . if allowed by local school board or charter school governing board policy;
35 . provides for the administration of statewide assessments to students enrolled in
36 online courses;
37 . repeals provisions relating to the Statewide Online Education Program; and
38 . makes technical amendments.
39 Money Appropriated in this Bill:
40 None
41 Other Special Clauses:
42 This bill takes effect on July 1, 2012.
43 Utah Code Sections Affected:
44 AMENDS:
45 53A-15-1002 (Effective 07/01/12), as last amended by Laws of Utah 2011, Chapter
46 419
47 53A-15-1003, as enacted by Laws of Utah 2006, Chapter 227
48 53A-15-1006 (Effective 07/01/12), as last amended by Laws of Utah 2011, Chapter
49 419
50 ENACTS:
51 53A-15-1002.5, Utah Code Annotated 1953
52 53A-15-1301, Utah Code Annotated 1953
53 53A-15-1302, Utah Code Annotated 1953
54 53A-15-1303, Utah Code Annotated 1953
55 53A-15-1304, Utah Code Annotated 1953
56 53A-15-1305, Utah Code Annotated 1953
57 53A-15-1306, Utah Code Annotated 1953
58 53A-15-1307, Utah Code Annotated 1953

59 53A-15-1308, Utah Code Annotated 1953
60 REPEALS:
61 53A-15-1201, as enacted by Laws of Utah 2011, Chapter 419
62 53A-15-1202, as enacted by Laws of Utah 2011, Chapter 419
63 53A-15-1203, as enacted by Laws of Utah 2011, Chapter 419
64 53A-15-1204, as enacted by Laws of Utah 2011, Chapter 419
65 53A-15-1205, as enacted by Laws of Utah 2011, Chapter 419
66 53A-15-1206, as enacted by Laws of Utah 2011, Chapter 419
67 53A-15-1207, as enacted by Laws of Utah 2011, Chapter 419
68 53A-15-1208, as enacted by Laws of Utah 2011, Chapter 419
69 53A-15-1209, as enacted by Laws of Utah 2011, Chapter 419
70 53A-15-1210, as enacted by Laws of Utah 2011, Chapter 419
71 53A-15-1211, as enacted by Laws of Utah 2011, Chapter 419
72 53A-15-1212, as enacted by Laws of Utah 2011, Chapter 419
73 53A-15-1213, as enacted by Laws of Utah 2011, Chapter 419
74 53A-15-1214, as enacted by Laws of Utah 2011, Chapter 419
75 53A-15-1215, as enacted by Laws of Utah 2011, Chapter 419
76
77 Be it enacted by the Legislature of the state of Utah:
78 Section 1. Section 53A-15-1002 (Effective 07/01/12) is amended to read:
79 53A-15-1002 (Effective 07/01/12). Definitions.
80 As used in this part:
81 (1) "Board" means the State Board of Education.
82 (2) "Electronic High School" means a rigorous program offering grade 9 through 12
83 level online courses [through the Statewide Online Education Program] and coordinated by the
84 board.
85 [(3) "Eligible student" has the meaning defined in Section 53A-15-1202 .]
86 [(4)] (3) "Home-schooled student" means a student:
87 (a) who attends a home school;
88 (b) is exempt from school attendance pursuant to Section 53A-11-102 ; and
89 (c) attends no more than two regularly scheduled classes or courses in a public school

90 per semester.
91 [(5)] (4) "Open-entry, open-exit" means:
92 (a) a method of instructional delivery that allows for flexible scheduling in response to
93 individual student needs or requirements and demonstrated competency when knowledge and
94 skills have been mastered; and
95 (b) students have the flexibility to begin or end study at any time, progress through
96 course material at their own pace, and demonstrate competency when knowledge and skills
97 have been mastered.
98 Section 2. Section 53A-15-1002.5 is enacted to read:
99 53A-15-1002.5. Electronic High School created -- Purpose.
100 The Electronic High School is created:
101 (1) to provide an opportunity for a student who has failed a course to retake the course
102 and earn course credit;
103 (2) to allow a student to complete high school graduation requirements, and exit high
104 school, early;
105 (3) to allow a student to take a course online so that the student has greater flexibility
106 in scheduling courses during the regular school day; and
107 (4) to allow a home-schooled or private school student in Utah to take a course within
108 the Utah high school core curriculum.
109 Section 3. Section 53A-15-1003 is amended to read:
110 53A-15-1003. Courses and credit.
111 (1) The Electronic High School may only offer courses required for high school
112 graduation or that fulfill core curriculum course requirements established by the State Board of
113 Education.
114 [(1)] (2) The Electronic High School shall:
115 (a) offer courses in an open-entry, open-exit format; and
116 (b) offer core curriculum courses that are in conformance with course standards and
117 objectives established by the board.
118 [(2)] (3) Public schools shall:
119 (a) accept all credits awarded to students by the Electronic High School; and
120 (b) apply credits awarded for a core curriculum course toward the fulfillment of core

121 curriculum requirements.
122 Section 4. Section 53A-15-1006 (Effective 07/01/12) is amended to read:
123 53A-15-1006 (Effective 07/01/12). Student fees or tuition.
124 [(1) (a) The Electronic High School shall receive payment for an eligible student's
125 enrollment in an online course as provided by Sections 53A-15-1206 through 53A-15-1208 .]
126 [(b) For fiscal year 2012-13, a private or home school student whose custodial parent
127 or legal guardian is a resident of Utah may enroll in an Electronic High School course subject
128 to the availability of funds appropriated by the Legislature for that purpose.]
129 [(2) A student whose custodial parent or legal guardian is not a resident of Utah may
130 enroll in an Electronic High School course for a fee set by the board, provided that the course
131 can accommodate additional students.]
132 (1) Electronic High School courses are provided to students who are Utah residents, as
133 defined in Section 53A-2-201 , free of charge.
134 (2) Nonresident students may enroll in Electronic High School courses for a fee set by
135 the board, provided that the course can accommodate additional students.
136 Section 5. Section 53A-15-1301 is enacted to read:
137 Part 13. Online Education Act
138 53A-15-1301. Title.
139 This part is known as the "Online Education Act."
140 Section 6. Section 53A-15-1302 is enacted to read:
141 53A-15-1302. Definitions.
142 As used in this part, "online course" means a course of instruction offered pursuant to
143 this part through the use of digital technology.
144 Section 7. Section 53A-15-1303 is enacted to read:
145 53A-15-1303. School districts and charter schools required to offer online courses
146 to students in grades 9 through 12.
147 (1) A school district or charter school shall offer online courses at the grades 9 through
148 12 level and online concurrent enrollment courses to students enrolled in the school district or
149 charter school in grades 11 and 12.
150 (2) Online courses offered by a school district or charter school shall include:
151 (a) courses required for high school graduation and other courses that fulfill core

152 curriculum requirements established by the State Board of Education; and
153 (b) courses that are otherwise unavailable to students of the school district or charter
154 school and which may enhance students' preparation for college and careers, including:
155 (i) mathematics courses more advanced than those required for high school graduation;
156 (ii) advanced placement courses;
157 (iii) for students in grades 11 and 12, concurrent enrollment courses;
158 (iv) foreign language courses; and
159 (v) career and technology courses.
160 Section 8. Section 53A-15-1304 is enacted to read:
161 53A-15-1304. School districts and charter schools may develop and teach online
162 courses -- Requirement to contract for online course content or online course instruction.
163 (1) A school district or charter school may develop, and the school district's or charter
164 school's employees may teach, online courses required to be offered under Section
165 53A-15-1303 .
166 (2) To ensure that a school district or charter school offers a wide selection of high
167 quality online courses, a school district or charter school shall contract with one or more
168 entities, excluding the Electronic High School established under Part 10, Electronic High
169 School Act, to provide online course content or teach online courses.
170 (3) A school district or charter school may form a consortium with other school
171 districts or charter schools for the purpose of contracting with an entity to provide online
172 course content or teach online courses.
173 Section 9. Section 53A-15-1305 is enacted to read:
174 53A-15-1305. Option for students to enroll in online courses.
175 (1) Subject to the course limitations provided in Subsection (2), a student may enroll in
176 an online course offered by the school district or charter school in which the student is enrolled,
177 if:
178 (a) the student meets the course prerequisites; and
179 (b) the course is open for enrollment.
180 (2) A student may enroll in online courses for no more than the following number of
181 credits:
182 (a) in the 2012-13 school year, two credits;

183 (b) in the 2013-14 school year, three credits;
184 (c) in the 2014-15 school year, four credits;
185 (d) in the 2015-16 school year, five credits; and
186 (e) beginning in the 2016-17 school year, six credits.
187 (3) Notwithstanding Subsection (2), the school district or charter school in which a
188 student is enrolled may allow the student to enroll in online courses for more than the number
189 of credits specified in Subsection (2).
190 (4) A school district or charter school in which a student is enrolled:
191 (a) in conjunction with the student and the student's parent or legal guardian, is
192 responsible for preparing and implementing a student education/occupation plan (SEOP) for
193 the student, as provided in Section 53A-1a-106 ; and
194 (b) shall assist a student in scheduling courses in accordance with the student's SEOP,
195 graduation requirements, and the student's postsecondary plans.
196 (5) A school district or charter school may not:
197 (a) impose restrictions on a student's selection of an online course that fulfills
198 graduation requirements and is consistent with the student's education/occupation plan (SEOP)
199 or postsecondary plans; or
200 (b) give preference to an online course offered by the school district or charter school.
201 Section 10. Section 53A-15-1306 is enacted to read:
202 53A-15-1306. Dissemination of information on online courses.
203 A school district or charter school shall provide information both written and online on
204 the online courses offered by the school district or charter school, including:
205 (1) information on who may enroll, and how a student may enroll in an online course;
206 and
207 (2) a course catalogue.
208 Section 11. Section 53A-15-1307 is enacted to read:
209 53A-15-1307. Online course credit hours included in daily membership --
210 Limitation.
211 (1) Subject to Subsection (2), a student's school district or charter school shall include
212 online course credit hours in calculating daily membership.
213 (2) A student may not count as more than one FTE, unless the student intends to

214 complete high school graduation requirements, and exit high school, early, in accordance with
215 the student's education/occupation plan (SEOP).
216 (3) Except as provided in Subsection (4), a student enrolled in an online course may
217 earn no more credits in a semester than the number of credits a student may earn by taking a
218 full course load during the regular school day in the student's high school.
219 (4) A student enrolled in an online course may earn more credits in a semester than the
220 number of credits a student may earn by taking a full course load during the regular school day
221 in the student's high school:
222 (a) if the student intends to complete high school graduation requirements, and exit
223 high school, early, in accordance with the student's education/occupation plan (SEOP); or
224 (b) if allowed by local school board or charter school governing board policy.
225 Section 12. Section 53A-15-1308 is enacted to read:
226 53A-15-1308. Administration of statewide assessments to students enrolled in
227 online courses.
228 (1) A student enrolled in an online course that is a course for which a statewide
229 assessment is administered under Chapter 1, Part 6, Achievement Tests, shall take the
230 statewide assessment.
231 (2) (a) The State Board of Education shall make rules providing for the administration
232 of a statewide assessment to a student enrolled in an online course.
233 (b) Rules made under Subsection (2)(a) shall:
234 (i) provide for the administration of a statewide assessment upon a student completing
235 an online course; and
236 (ii) require an online course provider to proctor the statewide assessment.
237 Section 13. Repealer.
238 This bill repeals:
239 Section 53A-15-1201, Title.
240 Section 53A-15-1202, Definitions.
241 Section 53A-15-1203, Statewide Online Education Program created -- Designated
242 as program of the public education system -- Purposes.
243 Section 53A-15-1204, Option to enroll in online courses offered through the
244 Statewide Online Education Program.

245 Section 53A-15-1205, Authorized online course providers.
246 Section 53A-15-1206, Payment for an online course.
247 Section 53A-15-1207, State Board of Education to deduct funds and make
248 payments -- Remaining balance to lapse into Uniform School Fund -- Plan for the
249 payment of online courses taken by private and home school students.
250 Section 53A-15-1208, Course credit acknowledgement.
251 Section 53A-15-1209, Online course credit hours included in daily membership --
252 Limitation.
253 Section 53A-15-1210, Administration of statewide assessments to students enrolled
254 in online courses.
255 Section 53A-15-1211, Report on performance of online course providers.
256 Section 53A-15-1212, Dissemination of information on the Statewide Online
257 Education Program.
258 Section 53A-15-1213, State Board of Education -- Rulemaking.
259 Section 53A-15-1214, Review by legislative auditor general.
260 Section 53A-15-1215, Interim Study.
261 Section 14. Effective date.
262 This bill takes effect on July 1, 2012.




Legislative Review Note
as of 2-13-12 5:10 PM

Office of Legislative Research and General Counsel