This document includes House Floor Amendments incorporated into the bill on Wed, Mar 1, 2023 at 11:53 AM by pflowers.
Senator Kirk A. Cullimore proposes the following substitute bill:


1     
STATEWIDE ONLINE EDUCATION PROGRAM

2     
MODIFICATIONS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Kirk A. Cullimore

6     
House Sponsor: Kera Birkeland

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions of the Statewide Online Education Program (SOEP).
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the state board to provide longer notice periods for changes to the approval
14     process for a certified online course provider;
15          ▸     prohibits the state board from unenrolling a student under certain circumstances;
16          ▸     establishes a deadline for making a payment to an authorized online course
17     provider;
18          ▸     establishes requirements for calculating a projected legislative appropriation for
19     enrollment of students in the SOEP;
20          ▸     requires the state board to create approval processes for new course offerings by an
21     authorized online course provider;
22          ▸     imposes requirements on the state board for conducting certain site visits;
23          ▸     requires the state board to create an additional educator license type; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          53E-6-201, as last amended by Laws of Utah 2020, Chapters 365, 408
32          53F-4-501, as last amended by Laws of Utah 2021, Chapters 362, 413
33          53F-4-502, as last amended by Laws of Utah 2021, Chapter 362
34          53F-4-503, as last amended by Laws of Utah 2021, Chapter 362
35          53F-4-504, as last amended by Laws of Utah 2021, Chapter 413
36          53F-4-505, as last amended by Laws of Utah 2021, Chapter 362
37          53F-4-507, as last amended by Laws of Utah 2019, Chapter 186
38          53F-4-514, as last amended by Laws of Utah 2021, Chapter 413
39          53F-4-518, as enacted by Laws of Utah 2022, Chapter 395
40     REPEALS:
41          53F-4-515, as renumbered and amended by Laws of Utah 2018, Chapter 2
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 53E-6-201 is amended to read:
45          53E-6-201. State board licensure.
46          (1) [To be fully implemented by July 1, 2020, and, if technology and funds are
47     available, the] The state board shall establish in rule made in accordance with Title 63G,
48     Chapter 3, Utah Administrative Rulemaking Act, a system for educator licensing that includes:
49          (a) an associate educator license that permits an individual to provide educational
50     services in a public school while working to meet the requirements of a professional educator
51     license;
52          (b) a professional educator license that permits an individual to provide educational
53     services in a public school after demonstrating that the individual meets licensure requirements
54     established in state board rule; [and]
55          (c) an LEA-specific educator license issued by the state board at the request of an
56     LEA's governing body that is valid for an individual to provide educational services in the
57     requesting LEA's schools[.]; and
58          (d) beginning in the 2023-2024 school year, a provider-specific license issued by the
59     state board at the request of an authorized online course provider described in Subsection
60     53F-4-504 that:
61          (i) is valid for an individual to provide educational services to a student enrolled in an
62     online course described in 53F-4-503; and
63          (ii) contains eligibility criteria that is no more stringent than the requirements for a
64     license described in Subsection (1)(c).
65          (2) An individual employed in a position that requires licensure by the state board shall
66     hold the license that is appropriate to the position.
67          (3) (a) The state board may by rule made in accordance with Title 63G, Chapter 3,
68     Utah Administrative Rulemaking Act, rank, endorse, or otherwise classify licenses and
69     establish the criteria for obtaining, retaining, and reinstating licenses.
70          (b) An educator who is enrolling in a course of study at an institution within the state
71     system of higher education to satisfy the state board requirements for retaining a license is
72     exempt from tuition, except for a semester registration fee established by the Utah Board of
73     Higher Education, if:
74          (i) the educator is enrolled on the basis of surplus space in the class after regularly
75     enrolled students have been assigned and admitted to the class in accordance with regular
76     procedures, normal teaching loads, and the institution's approved budget; and
77          (ii) enrollments are determined by each institution under rules and guidelines
78     established by the Utah Board of Higher Education in accordance with findings of fact that
79     space is available for the educator's enrollment.
80          Section 2. Section 53F-4-501 is amended to read:
81          53F-4-501. Definitions.
82          As used in this part:
83          (1) "Authorized online course provider" means the entities listed in Subsection
84     53F-4-504(1).
85          [(1)] (2) (a) "Certified online course provider" means a provider that the state board
86     approves to offer courses through the Statewide Online Education Program.
87          (b) "Certified online course provider" does not include an entity described in
88     Subsections 53F-4-504(1)(a) through (c).
89          [(2)] (3) "Credit" means credit for a high school course, or the equivalent for a middle
90     school course, as determined by the state board.
91          [(3)] (4) "Eligible student" means a student:
92          (a) who intends to take a course for middle school or high school credit; and
93          (b) (i) who is enrolled in [a district school or charter school] an LEA in Utah; or
94          (ii) (A) who attends a private school or home school; and
95          (B) whose custodial parent is a resident of Utah.
96          [(4)] (5) "High school" means grade 9, 10, 11, or 12.
97          [(5)] (6) "Middle school" means grade 7 or 8.
98          [(6)] (7) "Online course" means a course of instruction offered by the Statewide Online
99     Education Program through the use of digital technology, regardless of whether the student
100     participates in the course at home, at a school, at another location, or any combination of these.
101          [(7)] (8) "Plan for college and career readiness" means the same as that term is defined
102     in Section 53E-2-304.
103          [(8)] (9) "Primary LEA of enrollment" means the LEA in which an eligible student is
104     enrolled for courses other than online courses offered through the Statewide Online Education
105     Program.
106          [(9)] (10) "Released-time" means a period of time during the regular school day a
107     student is excused from school at the request of the student's parent pursuant to rules of the
108     state board.
109          Section 3. Section 53F-4-502 is amended to read:
110          53F-4-502. Statewide Online Education Program created -- Designated as
111     program of the public education system -- Purposes.
112          (1) The Statewide Online Education Program is created to enable an eligible student to,
113     through the completion of publicly funded online courses:
114          (a) earn high school graduation credit; or
115          (b) earn middle school credit.
116          (2) Pursuant to Utah Constitution, Article X, Section 2, the Statewide Online
117     Education Program is designated as a program of the public education system.
118          (3) The purposes of [an online school] the Statewide Online Education Program are to:
119          (a) provide a student with access to online learning options regardless of where the
120     student attends school, whether a public, private, or home school;
121          (b) provide [high quality] digital learning options for a student regardless of language,
122     residence, family income, or special needs;
123          (c) provide online learning options to allow a student to acquire the knowledge and
124     technology skills necessary in a digital world;
125          (d) utilize the power and scalability of technology to customize education so that a
126     student may learn in the student's own style preference and at the student's own pace;
127          (e) utilize technology to remove the constraints of traditional classroom learning,
128     allowing a student to access learning virtually at any time and in any place and giving the
129     student the flexibility to take advantage of the student's peak learning time;
130          (f) provide personalized learning, where a student can spend as little or as much time
131     as the student needs to master the material;
132          (g) provide greater access to self-paced programs enabling a high achieving student to
133     accelerate academically, while a struggling student may have additional time and help to gain
134     competency;
135          (h) allow a student to customize the student's schedule to better meet the student's
136     academic goals;
137          (i) provide quality learning options to better prepare a student for post-secondary
138     education and vocational or career opportunities; and
139          (j) allow a student to have an individualized educational experience.
140          [(4) The program created under this part shall be known as the "Statewide Online
141     Education Program."]
142          [(5)] (4) The program name, "Statewide Online Education Program," shall be used in
143     the dissemination of information on the program.
144          Section 4. Section 53F-4-503 is amended to read:
145          53F-4-503. Option to enroll in online courses offered through the Statewide
146     Online Education Program.
147          (1) Subject to Subsections (2), (3), and (9), an eligible student may enroll in an online
148     course offered through the Statewide Online Education Program if:
149          (a) the student meets the course prerequisites;
150          (b) the course is open for enrollment;
151          (c) the online course is aligned with the student's plan for college and career readiness;
152          (d) the online course is consistent with the student's IEP, if the student has an IEP; and
153          (e) the online course is consistent with the student's international baccalaureate
154     program, if the student is participating in an international baccalaureate program.
155          (2) (a) Except as provided in Subsection (2)(b), an eligible student may enroll in online
156     courses for no more than six credits per school year.
157          (b) An eligible student may enroll in an online course for middle school credit for no
158     more than two credits per school year if the eligible student:
159          (i) does not have a primary LEA of enrollment; and
160          (ii) is enrolled in a private school.
161          (3) (a) An eligible student who has a primary LEA of enrollment may enroll in an
162     online course for middle school credit [beginning January 1, 2022].
163          (b) An eligible student who does not have a primary LEA of enrollment may enroll in
164     an online course for middle school credit [beginning in the 2022-2023 school year].
165          (4) Notwithstanding Subsection (2):
166          (a) a student's primary LEA of enrollment may allow an eligible student to enroll in
167     online courses for more than the number of credits specified in Subsection (2); or
168          (b) upon the request of an eligible student, the state board may allow the student to
169     enroll in online courses for more than the number of credits specified in Subsection (2), if the
170     online courses better meet the academic goals of the student.
171          (5) An eligible student's primary LEA of enrollment:
172          (a) in conjunction with the student and the student's parent, is responsible for preparing
173     and implementing a plan for college and career readiness for the eligible student, as provided in
174     Section 53E-2-304; and
175          (b) shall assist an eligible student in scheduling courses in accordance with the
176     student's plan for college and career readiness, graduation requirements, and the student's
177     post-secondary plans.
178          (6) An eligible student's primary LEA of enrollment may not:
179          (a) impose restrictions on a student's selection of an online course that fulfills
180     graduation requirements and is consistent with the student's plan for college and career
181     readiness or post-secondary plans; or
182          (b) give preference to an online course or authorized online course provider.
183          (7) The state board, including an employee of the state board, may not give preference
184     to an online course or authorized online course provider.
185          (8) (a) Except as provided in Subsection (8)(b), a person may not provide an
186     inducement or incentive to a public school student to participate in the Statewide Online
187     Education Program.
188          (b) For purposes of Subsection (8)(a):
189          (i) "Inducement or incentive" does not mean:
190          (A) instructional materials or software necessary to take an online course; or
191          (B) access to a computer or digital learning device for the purpose of taking an online
192     course.
193          (ii) "Person" does not include a relative of the public school student.
194          (9) If the program lacks sufficient legislative appropriations to fund the enrollment in
195     online courses for all eligible students who do not have a primary LEA of enrollment, the state
196     board shall prioritize funding the enrollment of an eligible student who intends to graduate
197     from high school during the school year in which the student enrolls in an online course.
198          Section 5. Section 53F-4-504 is amended to read:
199          53F-4-504. Authorized online course providers -- Certified online course
200     providers.
201          (1) The following entities are known as an authorized online course provider and may
202     offer online courses to eligible students through the Statewide Online Education Program:
203          (a) a charter school or district school created exclusively for the purpose of serving
204     students online;
205          (b) an LEA program, approved by the LEA governing board, that is created exclusively
206     for the purpose of serving students online;
207          (c) a program of an institution of higher education listed in Section 53B-2-101 that:
208          (i) offers secondary school level courses; and
209          (ii) is created exclusively for the purpose of serving students online; and
210          (d) [beginning in the 2021-2022 school year,] a certified online course provider.
211          (2) The state board shall approve an online course provider as a certified online course
212     provider if the online course provider:
213          (a) complies with the application procedures described in Section 53F-4-514;
214          (b) meets the standards described in Section 53F-4-514; and
215          (c) has prior experience offering online courses to secondary students.
216          (3) The state board may revoke the approval described in Subsection (2) if the state
217     board:
218          (a) finds that a certified online course provider is not complying with the requirements
219     described in Section 53F-4-514[.];
220          (b) provides written notice describing the findings of non-compliance to the certified
221     online course provider;
222          (c) provides the certified online course provider with at least 60 days to remedy the
223     findings of non-compliance;
224          (d) reevaluates the findings of non-compliance at least 60 days after the certified online
225     course provider's remedy period described in Subsection (3)(c); and
226          (e) finds after reevaluation that the certified online course provider has failed to
227     satisfactorily remedy the findings of non-compliance.
228          Section 6. Section 53F-4-505 is amended to read:
229          53F-4-505. Payment for an online course.
230          (1) For the 2012-13 school year, the fee for a .5 credit online course or .5 credit of a 1
231     credit online course is:
232          (a) $200 for the following courses, except a concurrent enrollment course:
233          (i) financial literacy;
234          (ii) health;
235          (iii) fitness for life; and
236          (iv) computer literacy;
237          (b) $200 for driver education;
238          (c) $250 for a course that meets core standards for Utah public schools in fine arts or
239     career and technical education, except a concurrent enrollment course;
240          (d) $300 for the following courses:
241          (i) a course that meets core standards for Utah public schools requirements in social
242     studies, except a concurrent enrollment course; and
243          (ii) a world language course, except a concurrent enrollment course;
244          (e) $350 for the following courses:
245          (i) a course that meets core standards for Utah public schools requirements for
246     language arts, mathematics, or science; and
247          (ii) a concurrent enrollment course; and
248          (f) $250 for a course not described in Subsections (1)(a) through (e).
249          (2) If a course meets the requirements of more than one course fee category described
250     in Subsection (1), the course fee shall be the lowest of the applicable course fee categories.
251          (3) [Beginning with the 2013-14 school year, the] The online course fees described in
252     Subsection (1) shall be adjusted each school year in accordance with the percentage change in
253     value of the weighted pupil unit from the previous school year.
254          (4) An [online learning provider] authorized online course provider shall receive
255     payment for an online course as follows:
256          (a) for a .5 credit online course, 50% of the online course fee after the withdrawal
257     period described in Section 53F-4-506;
258          (b) for a 1 credit online course, 25% of the online course fee after the withdrawal
259     period described in Section 53F-4-506 and 25% of the online course fee upon the beginning of
260     the second .5 credit of the online course; and
261          (c) if a student completes a 1 credit online course within 12 months or a .5 credit
262     course within nine weeks following the end of a traditional semester, 50% of the online course
263     fee.
264          (5) (a) If a student fails to complete a 1 credit course within 12 months or a .5 credit
265     course within nine weeks following the end of a traditional semester, the student may continue
266     to be enrolled in the course until the student graduates from high school.
267          (b) To encourage an authorized online course provider to provide remediation to a
268     student who remains enrolled in an online course pursuant to Subsection (5)(a) and avoid the
269     need for credit recovery, an authorized online course provider shall receive a payment equal to
270     30% of the online course fee if the student completes the online course:
271          (i) for a high school online course, before the student graduates from high school; or
272          (ii) for a middle school online course, before the student completes middle school.
273          (6) Notwithstanding the online course fees prescribed in Subsections (1) through (3), a
274     school district or charter school may:
275          (a) negotiate a fee with an authorized online course provider for an amount up to the
276     amount prescribed in Subsections (1) through (3); and
277          (b) pay the negotiated fee instead of the fee prescribed in Subsections (1) through (3).
278          (7) An authorized online course provider who contracts with a vendor for the
279     acquisition of online course content or online course instruction may negotiate the payment for
280     the vendor's service independent of the fees specified in Subsections (1) through (3).
281          (8) The state board may not remove a student from an online course if the student is
282     eligible for continued enrollment in the online course under Subsection (5).
283          Section 7. Section 53F-4-507 is amended to read:
284          53F-4-507. State board to deduct funds and make payments -- Plan for the
285     payment of online courses taken by private and home school students.
286          (1) [For a fiscal year that begins on or after July 1, 2018, and subject] Subject to future
287     budget constraints, the Legislature shall adjust the appropriation for the Statewide Online
288     Education Program based on:
289          (a) the anticipated increase of eligible home school and private school students
290     enrolled in the Statewide Online Education Program; and
291          (b) the value of the weighted pupil unit.
292          (2) Notwithstanding Subsection (1) and subject to future budget constraints, the
293     Legislature shall:
294          (a) consider enrollment projections provided by the authorized online course providers
295     to account for enrollment growth during the appropriations process; Ĥ→ [and] ←Ĥ
296          (b) provide a supplemental appropriation to adequately fund the Statewide Online
297     Education Program when the enrollment amount exceeds the projected enrollment amounts
298     provided by the authorized online course providers Ĥ→ [.] ; and
298a          (c) in the fiscal year beginning July 1, 2025, keep all other appropriations for the
298b     Statewide Online Education Program separate from the appropriations described in Section
298c     53F-4-518. ←Ĥ
299          [(2)] (3) (a) The state board shall deduct money from funds allocated to the student's
300     primary LEA of enrollment under Chapter 2, State Funding -- Minimum School Program, to
301     pay for online course fees.
302          (b) Money shall be deducted under Subsection [(2)] (3)(a) in the amount and at the
303     time an authorized online course provider qualifies to receive payment for an online course
304     provided to a public education student, not to exceed 90 days after qualification, as provided in
305     Subsection 53F-4-505(4).
306          (c) Beginning July 1, 2023, the state board shall deduct money from funds allocated for
307     course fees for a private school or home school student in the amount and at the time an
308     authorized online course provider qualifies to receive payment for an online course, not to
309     exceed 90 days after qualification.
310          [(3)] (4) From money deducted under Subsection [(2)] (3), the state board shall make
311     payments to the student's authorized online course provider as provided in Section 53F-4-505.
312          [(4)] (5) The Legislature shall establish a plan[, which shall take effect beginning on
313     July 1, 2013,] for the payment of online courses taken by a private school or home school
314     student.
315          Section 8. Section 53F-4-514 is amended to read:
316          53F-4-514. State board -- Rulemaking -- Fees.
317          (1) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
318     state board shall provide a delayed effective date that is after the school year has ended for a
319     change to an administrative rule related to the Statewide Online Education Program if the
320     change would require an authorized online course provider to make program changes during
321     the school year.
322          [(1)] (2) The state board shall make rules in accordance with this part and Title 63G,
323     Chapter 3, Utah Administrative Rulemaking Act, that establish:
324          (a) [establish] a course credit acknowledgement form and procedures for completing
325     and submitting to the state board a course credit acknowledgement;
326          (b) [establish] procedures for the administration of a statewide assessment to a student
327     enrolled in an online course; and
328          (c) [establish] protocols for an online course provider to obtain approval to become a
329     certified online course provider, including:
330          (i) the application procedure for an online course provider to obtain approval to
331     become a certified online course provider; [and]
332          (ii) the standards that a certified online course provider and any online course the
333     certified online course provider offers shall meet[.];
334          (d) in accordance with Title 53E, Chapter 4, Academic Standards, Assessments, and
335     Materials, criteria for an authorized online course provider to submit for approval an online
336     course that does not have an existing state board course code;
337          (e) no later than July 1, 2024, a process within existing systems at the state board to
338     allow a certified online course provider access to an educator's licensing, endorsement,
339     certification, and assignment information if the educator is teaching an online course for the
340     certified online course provider;
341          (f) in consultation with the authorized online course providers, the parameters for
342     conducting a site visit including:
343          (i) a definition for the term site visit;
344          (ii) the minimum amount of time required for:
345          (A) notice to an authorized online course provider of a site visit; and
346          (B) an authorized online course provider to prepare for a site visit;
347          (iii) the documents, data, and artifacts subject to inspection during a site visit; and
348          (iv) a process to ensure a site visit allows for observation of instruction without
349     interfering with the instruction.
350          [(2)] (3) (a) When establishing the standards described in Subsection [(1)(c)(ii),]
351     (2)(c)(ii) the state board shall:
352          (i) establish rules and minimum standards regarding accreditation;
353          (ii) require an online course to be aligned with the core standards described in Section
354     53E-4-202;
355          (iii) require proof that a national organization responsible for college athletics
356     endorses:
357          (A) the certified online course provider; or
358          (B) the online course that a certified online course provider offers;
359          (iv) permit an open-entry, open-exit method of instructional delivery that allows a
360     student the flexibility to:
361          (A) schedule in response to individual needs or requirements;
362          (B) demonstrate competency when the student has mastered knowledge and skills;
363          (C) begin or end study at any time; and
364          (D) progress through course material at the student's own pace; and
365          (v) except as provided in Subsection (4), require an individual who teaches a course for
366     a certified online course provider to hold a teaching license issued by the state board.
367          (b) When establishing the standards described in Subsection [(1)(c)(ii)] (2)(c)(ii), the
368     state board may not:
369          (i) specify a minimum duration for an online course;
370          (ii) specify a minimum amount of time that a student must spend in an online course;
371     or
372          (iii) limit the class size of an online course.
373          (4) If an individual possesses a provider specific license described in Section
374     53E-6-201, the state board may not prohibit the individual from teaching an online course for
375     an authorized online course provider while the individual is in the process of obtaining an
376     endorsement or additional license issued by the state board.
377          [(3)] (5) The state board may establish a fee, in accordance with Section 63J-1-504, in
378     an amount to pay the costs to the state board of the application approval process and the
379     monitoring of a certified online course provider's compliance with the standards described in
380     Subsection [(1)(c)(ii)] (2)(c)(ii).
381          [(4)] (6) (a) Fee revenue collected in accordance with Subsection [(3)] (5) shall be:
382          [(b)] (i) deposited into the Uniform School Fund as a dedicated credit; and
383          [(c)] (ii) used to pay the costs to the state board of reviewing certified online course
384     providers' applications and compliance with the standards described in Subsection [(1)(c)(ii)]
385     (2)(c)(ii).
386          Section 9. Section 53F-4-518 is amended to read:
387          53F-4-518. Small school student access to college and career readiness courses.
388          Subject to legislative appropriations and notwithstanding Subsections 53F-4-509(2) and
389     (3), [in lieu of a deduction described in Subsection 53F-4-507(2),] the state board shall:
390          (1) use funds from an appropriation for the Statewide Online Education Program to pay
391     for an online course fee described in Section 53F-4-505 for a student who is enrolled in a
392     public high school that enrolls fewer than 1,000 students[.]; and
393          (2) after the funds described in Subsection (1) have been expended, make a deduction
394     as described in Subsection 53F-4-507(3).
395          Section 10. Repealer.
396          This bill repeals:
397          Section 53F-4-515, Review by legislative auditor general.