1     
STATEWIDE ONLINE EDUCATION PROGRAM AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kirk A. Cullimore

5     
House Sponsor: Kera Birkeland

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the Statewide Online Education Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     makes amendments, including amendments to the purpose of the Statewide Online
14     Education Program, to allow an online course provider through the Statewide
15     Online Education Program to offer online courses for middle school credit;
16          ▸     establishes a limit on the number of middle school course credits a private school
17     student may enroll in each year through the Statewide Online Education Program;
18          ▸     establishes the dates on which eligible students may enroll in an online course for
19     middle school credit;
20          ▸     provides for the State Board of Education to prioritize enrollment for certain
21     students if legislative appropriations are insufficient; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          53F-4-501, as last amended by Laws of Utah 2019, Chapter 186
30          53F-4-502, as renumbered and amended by Laws of Utah 2018, Chapter 2
31          53F-4-503, as last amended by Laws of Utah 2019, Chapter 186
32          53F-4-505, as renumbered and amended by Laws of Utah 2018, Chapter 2
33          53F-4-513, as renumbered and amended by Laws of Utah 2018, Chapter 2
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53F-4-501 is amended to read:
37          53F-4-501. Definitions.
38          As used in this part:
39          (1) "Credit" means credit for a high school course, or the equivalent for a middle
40     school course, as determined by the state board.
41          [(1)] (2) "Eligible student" means a student:
42          (a) [a student] who intends to take a course for middle school or high school credit; and
43          (b) (i) who is enrolled in a district school or charter school in Utah; or
44          [(b) beginning on July 1, 2013, a student:]
45          [(i)] (ii) (A) who attends a private school or home school; and
46          [(ii)] (B) whose custodial parent is a resident of Utah.
47          (3) "High school" means grade 9, 10, 11, or 12.
48          (4) "Middle school" means grade 7 or 8.
49          [(2)] (5) "Online course" means a course of instruction offered by the Statewide Online
50     Education Program through the use of digital technology.
51          [(3)] (6) "Plan for college and career readiness" means the same as that term is defined
52     in Section 53E-2-304.
53          [(4)] (7) "Primary LEA of enrollment" means the LEA in which an eligible student is
54     enrolled for courses other than online courses offered through the Statewide Online Education
55     Program.
56          [(5)] (8) "Released-time" means a period of time during the regular school day a
57     student is excused from school at the request of the student's parent pursuant to rules of the
58     state board.
59          Section 2. Section 53F-4-502 is amended to read:
60          53F-4-502. Statewide Online Education Program created -- Designated as
61     program of the public education system -- Purposes.
62          (1) The Statewide Online Education Program is created to enable an eligible student to
63     [earn high school graduation credit], through the completion of publicly funded online
64     courses[.]:
65          (a) earn high school graduation credit; or
66          (b) earn middle school credit.
67          (2) Pursuant to Utah Constitution, Article X, Section 2, the Statewide Online
68     Education Program is designated as a program of the public education system.
69          (3) The purposes of an online school are to:
70          (a) provide a student with access to online learning options regardless of where the
71     student attends school, whether a public, private, or home school;
72          (b) provide high quality learning options for a student regardless of language,
73     residence, family income, or special needs;
74          (c) provide online learning options to allow a student to acquire the knowledge and
75     technology skills necessary in a digital world;
76          (d) utilize the power and scalability of technology to customize education so that a
77     student may learn in the student's own style preference and at the student's own pace;
78          (e) utilize technology to remove the constraints of traditional classroom learning,
79     allowing a student to access learning virtually at any time and in any place and giving the
80     student the flexibility to take advantage of the student's peak learning time;
81          (f) provide personalized learning, where a student can spend as little or as much time
82     as the student needs to master the material;
83          (g) provide greater access to self-paced programs enabling a high achieving student to
84     accelerate academically, while a struggling student may have additional time and help to gain
85     competency;
86          (h) allow a student to customize the student's schedule to better meet the student's
87     academic goals;
88          (i) provide quality learning options to better prepare a student for post-secondary
89     education and vocational or career opportunities; and
90          (j) allow a student to have an individualized educational experience.
91          (4) The program created under this part shall be known as the "Statewide Online
92     Education Program."
93          (5) The program name, "Statewide Online Education Program," shall be used in the
94     dissemination of information on the program.
95          Section 3. Section 53F-4-503 is amended to read:
96          53F-4-503. Option to enroll in online courses offered through the Statewide
97     Online Education Program.
98          (1) Subject to [the course limitations provided in Subsection (2),] Subsections (2), (3),
99     and (9), an eligible student may enroll in an online course offered through the Statewide Online
100     Education Program if:
101          (a) the student meets the course prerequisites;
102          (b) the course is open for enrollment;
103          (c) the online course is aligned with the student's plan for college and career readiness;
104          (d) the online course is consistent with the student's IEP, if the student has an IEP; and
105          (e) the online course is consistent with the student's international baccalaureate
106     program, if the student is participating in an international baccalaureate program.
107          (2) [An] (a) Except as provided in Subsection (2)(b), an eligible student may enroll in
108     online courses for no more than [the following number of credits:] six credits per school year.
109          [(a) in the 2011-12 and 2012-13 school years, two credits;]
110          [(b) in the 2013-14 school year, three credits;]
111          [(c) in the 2014-15 school year, four credits;]
112          [(d) in the 2015-16 school year, five credits; and]
113          [(e) beginning with the 2016-17 school year, six credits.]
114          (b) An eligible student may enroll in an online course for middle school credit for no
115     more than two credits per school year if the eligible student:
116          (i) does not have a primary LEA of enrollment; and
117          (ii) is enrolled in a private school.
118          (3) (a) An eligible student who has a primary LEA of enrollment may enroll in an
119     online course for middle school credit beginning January 1, 2022.
120          (b) An eligible student who does not have a primary LEA of enrollment may enroll in
121     an online course for middle school credit beginning in the 2022-2023 school year.
122          [(3)] (4) Notwithstanding Subsection (2):
123          (a) a student's primary LEA of enrollment may allow an eligible student to enroll in
124     online courses for more than the number of credits specified in Subsection (2); or
125          (b) upon the request of an eligible student, the state board may allow the student to
126     enroll in online courses for more than the number of credits specified in Subsection (2), if the
127     online courses better meet the academic goals of the student.
128          [(4)] (5) An eligible student's primary LEA of enrollment:
129          (a) in conjunction with the student and the student's parent, is responsible for preparing
130     and implementing a plan for college and career readiness for the eligible student, as provided in
131     Section 53E-2-304; and
132          (b) shall assist an eligible student in scheduling courses in accordance with the
133     student's plan for college and career readiness, graduation requirements, and the student's
134     post-secondary plans.
135          [(5)] (6) An eligible student's primary LEA of enrollment may not:
136          (a) impose restrictions on a student's selection of an online course that fulfills
137     graduation requirements and is consistent with the student's plan for college and career
138     readiness or post-secondary plans; or
139          (b) give preference to an online course or online course provider.
140          [(6)] (7) The state board, including an employee of the state board, may not give
141     preference to an online course or online course provider.
142          [(7)] (8) (a) Except as provided in Subsection [(7)] (8)(b), a person may not provide an
143     inducement or incentive to a public school student to participate in the Statewide Online
144     Education Program.
145          (b) For purposes of Subsection [(7)] (8)(a):
146          (i) "Inducement or incentive" does not mean:
147          (A) instructional materials or software necessary to take an online course; or
148          (B) access to a computer or digital learning device for the purpose of taking an online
149     course.
150          (ii) "Person" does not include a relative of the public school student.
151          (9) If the program lacks sufficient legislative appropriations to fund the enrollment in
152     online courses for all eligible students who do not have a primary LEA of enrollment, the state
153     board shall prioritize funding the enrollment of an eligible student who intends to graduate
154     from high school during the school year in which the student enrolls in an online course.
155          Section 4. Section 53F-4-505 is amended to read:
156          53F-4-505. Payment for an online course.
157          (1) For the 2012-13 school year, the fee for a .5 credit online course or .5 credit of a 1
158     credit online course is:
159          (a) $200 for the following courses, except a concurrent enrollment course:
160          (i) financial literacy;
161          (ii) health;
162          (iii) fitness for life; and
163          (iv) computer literacy;
164          (b) $200 for driver education;
165          (c) $250 for a course that meets core standards for Utah public schools in fine arts or
166     career and technical education, except a concurrent enrollment course;
167          (d) $300 for the following courses:
168          (i) a course that meets core standards for Utah public schools requirements in social
169     studies, except a concurrent enrollment course; and
170          (ii) a world language course, except a concurrent enrollment course;
171          (e) $350 for the following courses:
172          (i) a course that meets core standards for Utah public schools requirements for
173     language arts, mathematics, or science; and
174          (ii) a concurrent enrollment course; and
175          (f) $250 for a course not described in Subsections (1)(a) through (e).
176          (2) If a course meets the requirements of more than one course fee category described
177     in Subsection (1), the course fee shall be the lowest of the applicable course fee categories.
178          (3) Beginning with the 2013-14 school year, the online course fees described in
179     Subsection (1) shall be adjusted each school year in accordance with the percentage change in
180     value of the weighted pupil unit from the previous school year.
181          (4) An online learning provider shall receive payment for an online course as follows:
182          (a) for a .5 credit online course, 50% of the online course fee after the withdrawal
183     period described in Section 53F-4-506;
184          (b) for a 1 credit online course, 25% of the online course fee after the withdrawal
185     period described in Section 53F-4-506 and 25% of the online course fee upon the beginning of
186     the second .5 credit of the online course; and
187          (c) if a student completes a 1 credit online course within 12 months or a .5 credit
188     course within nine weeks following the end of a traditional semester, 50% of the online course
189     fee.
190          (5) (a) If a student fails to complete a 1 credit course within 12 months or a .5 credit
191     course within nine weeks following the end of a traditional semester, the student may continue
192     to be enrolled in the course until the student graduates from high school.
193          (b) To encourage an online course provider to provide remediation to a student who
194     remains enrolled in an online course pursuant to Subsection (5)(a) and avoid the need for credit
195     recovery, an online course provider shall receive a payment equal to 30% of the online course
196     fee if the student completes the online course:
197          (i) for a high school online course, before the student graduates from high school[.]; or
198          (ii) for a middle school online course, before the student completes middle school.
199          (6) Notwithstanding the online course fees prescribed in Subsections (1) through (3), a
200     school district or charter school may:
201          (a) negotiate a fee with an online course provider for an amount up to the amount
202     prescribed in Subsections (1) through (3); and
203          (b) pay the negotiated fee instead of the fee prescribed in Subsections (1) through (3).
204          (7) An online course provider who contracts with a vendor for the acquisition of online
205     course content or online course instruction may negotiate the payment for the vendor's service
206     independent of the fees specified in Subsections (1) through (3).
207          Section 5. Section 53F-4-513 is amended to read:
208          53F-4-513. Time period to enroll in an online course.
209          (1) To provide an LEA and online course providers with estimates of online course
210     enrollment, a student should enroll in an online course, or declare an intention to enroll in an
211     online course[, during the high school course registration period designated by the LEA.]:
212          (a) for a high school online course, during the time period the LEA designates for high
213     school course registration; or
214          (b) for a middle school online course, during the time period the LEA designates for
215     middle school course registration.
216          (2) Notwithstanding Subsection (1) and except as provided in Subsection (3), a student
217     may enroll in an online course at any time during a calendar year.
218          (3) (a) A student may alter a course schedule by dropping a traditional classroom
219     course and adding an online course consistent with course schedule alteration procedures
220     adopted by the student's primary LEA of enrollment [or high school].
221          (b) A school district's or high school's deadline for dropping a traditional classroom
222     course and adding an online course shall be the same deadline for dropping and adding a
223     traditional classroom course.