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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Statewide Online Education Program Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends provisions authorizing an eligible student to enroll in an online course;
13 ▸ removes a limitation on the number of online credits an eligible student may enroll
14 in;
15 ▸ requires a primary LEA of enrollment to provide physical space and technology for
16 an eligible student to access an online course under certain conditions; and
17 ▸ makes technical and conforming amendments.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 53A-15-1204, as last amended by Laws of Utah 2012, Chapter 238
25 53A-15-1208, as last amended by Laws of Utah 2012, Chapter 238
26 REPEALS:
27 53A-15-1214, as enacted by Laws of Utah 2011, Chapter 419
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53A-15-1204 is amended to read:
31 53A-15-1204. Option to enroll in online courses offered through the Statewide
32 Online Education Program.
33 (1) Subject to the course limitations provided in Subsection (2), an eligible student may
34 enroll in an online course [
35 (a) the eligible student meets the course prerequisites;
36 (b) the online course is open for enrollment; and
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43 (c) (i) the eligible student's school:
44 (A) offers the course but the course is full at the same specific time that the eligible
45 student intends to enroll; or
46 (B) does not offer the course but the same or similar course is offered as an online
47 course; or
48 (ii) the student desires to take the course.
49 (2) An eligible student may enroll in online courses for no more than the following
50 number of credits:
51 (a) in the 2011-12 and 2012-13 school years, two credits;
52 (b) in the 2013-14 school year, three credits;
53 (c) in the 2014-15 school year, four credits;
54 (d) in the 2015-16 school year, five credits; [
55 (e) [
56 (f) beginning with the 2017-18 school year, an unlimited number of credits subject to
57 Section 53A-15-1209.
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65 (a) in conjunction with the student and the student's parent or legal guardian, is
66 responsible for preparing and implementing a student education/occupation plan (SEOP) for
67 the eligible student, as provided in Section 53A-1a-106; [
68 (b) shall assist an eligible student in scheduling courses in accordance with the
69 student's SEOP, graduation requirements, and the student's post-secondary plans[
70 (c) if the primary LEA of enrollment has a campus, shall provide physical space and
71 the technology necessary for the eligible student to access an online course if the eligible
72 student intends to access the online course on a campus of the primary LEA of enrollment.
73 (5) An eligible student's primary LEA of enrollment may not:
74 (a) impose restrictions on a student's selection of an online course [
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76 (b) give preference to an online course or online course provider.
77 (6) The State Board of Education, including an employee of the State Board of
78 Education, may not give preference to an online course or online course provider.
79 (7) (a) Except as provided in Subsection (7)(b), a person may not provide an
80 inducement or incentive to a public school student to participate in the Statewide Online
81 Education Program.
82 (b) For purposes of Subsection (7)(a):
83 (i) "Inducement or incentive" does not mean:
84 (A) instructional materials or software necessary to take an online course; or
85 (B) access to a computer or digital learning device for the purpose of taking an online
86 course.
87 (ii) "Person" does not include a relative of the public school student.
88 Section 2. Section 53A-15-1208 is amended to read:
89 53A-15-1208. Course credit acknowledgement.
90 (1) A student's primary LEA of enrollment and the student's online course provider
91 shall enter into a course credit acknowledgement in which the primary LEA of enrollment and
92 the online course provider acknowledge that the online course provider is responsible for the
93 instruction of the student in a specified online course.
94 (2) The terms of the course credit acknowledgement shall provide that:
95 (a) the online course provider shall receive a payment in the amount provided under
96 Section 53A-15-1206; and
97 (b) the student's primary LEA of enrollment acknowledges that the State Board of
98 Education will deduct funds allocated to the LEA under Chapter 17a, Minimum School
99 Program Act, in the amount and at the time the online course provider qualifies to receive
100 payment for the online course as provided in Subsection 53A-15-1206(4).
101 (3) (a) A course credit acknowledgement may originate with either an online course
102 provider or primary LEA of enrollment.
103 (b) The originating entity shall submit the course credit acknowledgement to the State
104 Board of Education who shall forward it to the primary LEA of enrollment for course selection
105 verification or the online course provider for acceptance.
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107 acknowledgement [
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117 (d) An online course provider may only reject a course credit acknowledgement if:
118 (i) the student does not meet course prerequisites; or
119 (ii) the course is not open for enrollment.
120 (e) A primary LEA of enrollment or online course provider shall submit an acceptance
121 or rejection of a course credit acknowledgement to the State Board of Education within 72
122 business hours of the receipt of a course credit acknowledgement from the State Board of
123 Education pursuant to Subsection (3)(b).
124 (f) If an online course provider accepts a course credit acknowledgement, the online
125 course provider shall forward to the primary LEA of enrollment the online course start date as
126 established under Section 53A-15-1206.5.
127 (g) If an online course provider rejects a course credit acknowledgement, the online
128 course provider shall include an explanation which the State Board of Education shall forward
129 to the primary LEA of enrollment for the purpose of assisting a student with future online
130 course selection.
131 (h) If a primary LEA of enrollment does not submit an acceptance or rejection of a
132 course credit acknowledgement to the State Board of Education within 72 business hours of the
133 receipt of a course credit acknowledgement from the State Board of Education pursuant to
134 Subsection (3)(b), the State Board of Education shall consider the course credit
135 acknowledgement accepted.
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137 enrollment shall notify the student of the acceptance and the start date for the online course as
138 established under Section 53A-15-1206.5.
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141 (j) If the online course student has an individual education plan (IEP) or 504
142 accommodations, the primary LEA of enrollment shall forward the IEP or description of 504
143 accommodations to the online course provider within 72 business hours after the primary LEA
144 of enrollment receives notice that the online course provider accepted the course credit
145 acknowledgement.
146 (4) (a) A primary LEA of enrollment may not reject a course credit acknowledgement,
147 because the LEA is negotiating, or intends to negotiate, an online course fee with the online
148 course provider pursuant to Subsection 53A-15-1206(6).
149 (b) If a primary LEA of enrollment negotiates an online course fee with an online
150 course provider before the start date of an online course, a course credit acknowledgement may
151 be amended to reflect the negotiated online course fee.
152 Section 3. Repealer.
153 This bill repeals:
154 Section 53A-15-1214, Review by legislative auditor general.
155 Section 4. Effective date.
156 This bill takes effect on July 1, 2017.
Legislative Review Note
Office of Legislative Research and General Counsel