Senator John D. Johnson proposes the following substitute bill:


1     
ONLINE EDUCATION PROGRAM REVISIONS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: John D. Johnson

5     
House Sponsor: Ryan D. Wilcox

6     

7     LONG TITLE
8     General Description:
9          This bill makes revisions related to online education.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     allows a certified online course provider that the State Board of Education (the state
14     board) approves to offer courses directly through the Statewide Online Education
15     Program;
16          ▸     establishes the requirements for the state board to approve certified online course
17     providers;
18          ▸     authorizes the state board to make rules related to approving certified online course
19     providers; and
20          ▸     authorizes the state board to set fees to cover the costs of regulating certified online
21     course providers.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          53F-4-501, as last amended by Laws of Utah 2019, Chapter 186
29          53F-4-504, as last amended by Laws of Utah 2019, Chapter 186
30          53F-4-514, as last amended by Laws of Utah 2020, Chapter 408
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53F-4-501 is amended to read:
34          53F-4-501. Definitions.
35          As used in this part:
36          (1) (a) "Certified online course provider" means a provider that the state board
37     approves to offer courses through the Statewide Online Education Program.
38          (b) "Certified online course provider" does not include an entity described in
39     Subsections 53F-4-504(1)(a) through (c).
40          [(1)] (2) "Eligible student" means:
41          (a) a student enrolled in a district school or charter school in Utah; or
42          (b) [beginning on July 1, 2013,] a student:
43          (i) who attends a private school or home school; and
44          (ii) whose custodial parent is a resident of Utah.
45          [(2)] (3) "Online course" means a course of instruction offered by the Statewide Online
46     Education Program through the use of digital technology.
47          [(3)] (4) "Plan for college and career readiness" means the same as that term is defined
48     in Section 53E-2-304.
49          [(4)] (5) "Primary LEA of enrollment" means the LEA in which an eligible student is
50     enrolled for courses other than online courses offered through the Statewide Online Education
51     Program.
52          [(5)] (6) "Released-time" means a period of time during the regular school day a
53     student is excused from school at the request of the student's parent pursuant to rules of the
54     state board.
55          Section 2. Section 53F-4-504 is amended to read:
56          53F-4-504. Authorized online course providers -- Certified online course
57     providers.
58          (1) The following entities may offer online courses to eligible students through the
59     Statewide Online Education Program:
60          [(1)] (a) a charter school or district school created exclusively for the purpose of
61     serving students online;
62          [(2)] (b) an LEA program, approved by the LEA governing board, that is created
63     exclusively for the purpose of serving students online; [and]
64          [(3)] (c) a program of an institution of higher education listed in Section 53B-2-101
65     that:
66          [(a)] (i) offers secondary school level courses; and
67          [(b)] (ii) is created exclusively for the purpose of serving students online[.]; and
68          (d) beginning in the 2021-2022 school year, a certified online course provider.
69          (2) The state board shall approve an online course provider as a certified online course
70     provider if the online course provider:
71          (a) complies with the application procedures described in Subsection 53F-4-514;
72          (b) meets the standards described in Subsection 53F-4-514; and
73          (c) has prior experience offering online courses to secondary students.
74          (3) The state board may revoke the approval described in Subsection (2) if the state
75     board finds that a certified online course provider is not complying with the requirements
76     described in Subsection 53F-4-514.
77          Section 3. Section 53F-4-514 is amended to read:
78          53F-4-514. State board -- Rulemaking -- Fees.
79          (1) The state board shall make rules in accordance with this part and Title 63G,
80     Chapter 3, Utah Administrative Rulemaking Act, that:
81          [(1)] (a) establish a course credit acknowledgement form and procedures for
82     completing and submitting to the state board a course credit acknowledgement; [and]
83          [(2)] (b) establish procedures for the administration of a statewide assessment to a
84     student enrolled in an online course[.]; and
85          (c) establish protocols for an online course provider to obtain approval to become a
86     certified online course provider, including:
87          (i) the application procedure for an online course provider to obtain approval to
88     become a certified online course provider; and
89          (ii) the standards that a certified online course provider and any online course the
90     certified online course provider offers shall meet.
91          (2) (a) When establishing the standards described in Subsection (1)(c)(ii), the state
92     board shall:
93          (i) establish rules and minimum standards regarding accreditation;
94          (ii) require an online course to be aligned with the core standards described in Section
95     53E-4-202;
96          (iii) require proof that a national organization responsible for college athletics
97     endorses:
98          (A) the certified online course provider; or
99          (B) the online course that a certified online course provider offers;
100          (iv) permit an open-entry, open-exit method of instructional delivery that allows a
101     student the flexibility to:
102          (A) schedule in response to individual needs or requirements;
103          (B) demonstrate competency when the student has mastered knowledge and skills;
104          (C) begin or end study at any time; and
105          (D) progress through course material at the student's own pace; and
106          (v) require an individual who teaches a course for a certified online course provider to
107     hold a teaching license issued by the state board.
108          (b) When establishing the standards described in Subsection (1)(c)(ii), the state board
109     may not:
110          (i) specify a minimum duration for an online course;
111          (ii) specify a minimum amount of time that a student must spend in an online course;
112     or
113          (iii) limit the class size of an online course.
114          (3) The state board may establish a fee, in accordance with Section 63J-1-504, in an
115     amount to pay the costs to the state board of the application approval process and the
116     monitoring of a certified online course provider's compliance with the standards described in
117     Subsection (1)(c)(ii).
118          (4) (a) Fee revenue collected in accordance with Subsection (3) shall be:
119          (b) deposited into the Uniform School Fund as a dedicated credit; and
120          (c) used to pay the costs to the state board of reviewing certified online course
121     providers' applications and compliance with the standards described in Subsection (1)(c)(ii).