Representative Kera Birkeland proposes the following substitute bill:


1     
STATEWIDE ONLINE EDUCATION PROGRAM AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Kera Birkeland

6     

7     LONG TITLE
8     General Description:
9          This bill expands the Statewide Online Education Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     expands the Statewide Online Education Program to:
13               •     include grade 6 in certain circumstances; and
14               •     allow additional middle school credits per school year; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          This bill appropriates in fiscal year 2024:
18          ▸     to the State Board of Education - Statewide Online Education Program Subsidy, as a
19     one-time appropriation:
20               •     from the Public Education Economic Stabilization Account, One-time,
21     $1,696,000.
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:
26          53F-4-501, as last amended by Laws of Utah 2021, Chapters 362, 413
27          53F-4-503, as last amended by Laws of Utah 2021, Chapter 362
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53F-4-501 is amended to read:
31          53F-4-501. Definitions.
32          As used in this part:
33          (1) (a) "Certified online course provider" means a provider that the state board
34     approves to offer courses through the Statewide Online Education Program.
35          (b) "Certified online course provider" does not include an entity described in
36     Subsections 53F-4-504(1)(a) through (c).
37          (2) "Credit" means credit for a high school course, or the equivalent for a middle
38     school course, as determined by the state board.
39          (3) "Eligible student" means a student:
40          (a) who intends to take a course for middle school or high school credit; and
41          (b) (i) who is enrolled in a district school or charter school in Utah; or
42          (ii) (A) who attends a private school or home school; and
43          (B) whose custodial parent is a resident of Utah.
44          (4) "High school" means grade 9, 10, 11, or 12.
45          (5) "Middle school" means, only for purposes of student eligibility to participate in the
46     Statewide Online Education Program, grade 6, 7, or 8.
47          (6) "Online course" means a course of instruction offered by the Statewide Online
48     Education Program through the use of digital technology.
49          (7) "Plan for college and career readiness" means the same as that term is defined in
50     Section 53E-2-304.
51          (8) "Primary LEA of enrollment" means the LEA in which an eligible student is
52     enrolled for courses other than online courses offered through the Statewide Online Education
53     Program.
54          (9) "Released-time" means a period of time during the regular school day a student is
55     excused from school at the request of the student's parent pursuant to rules of the state board.
56          Section 2. Section 53F-4-503 is amended to read:
57          53F-4-503. Option to enroll in online courses offered through the Statewide
58     Online Education Program.
59          (1) Subject to Subsections (2)[, (3), and (9)] and (8), an eligible student may enroll in
60     an online course offered through the Statewide Online Education Program if:
61          (a) the student meets the course prerequisites;
62          (b) the course is open for enrollment;
63          (c) the online course is aligned with the student's plan for college and career readiness;
64          (d) the online course is consistent with the student's IEP, if the student has an IEP; and
65          (e) the online course is consistent with the student's international baccalaureate
66     program, if the student is participating in an international baccalaureate program.
67          (2) [(a) Except as provided in Subsection (2)(b), an] An eligible student may enroll in
68     online courses for no more than six credits per school year.
69          [(b) An eligible student may enroll in an online course for middle school credit for no
70     more than two credits per school year if the eligible student:]
71          [(i) does not have a primary LEA of enrollment; and]
72          [(ii) is enrolled in a private school.]
73          [(3) (a) An eligible student who has a primary LEA of enrollment may enroll in an
74     online course for middle school credit beginning January 1, 2022.]
75          [(b) An eligible student who does not have a primary LEA of enrollment may enroll in
76     an online course for middle school credit beginning in the 2022-2023 school year.]
77          [(4)] (3) Notwithstanding Subsection (2):
78          (a) a student's primary LEA of enrollment may allow an eligible student to enroll in
79     online courses for more than the number of credits specified in Subsection (2); or
80          (b) upon the request of an eligible student, the state board may allow the student to
81     enroll in online courses for more than the number of credits specified in Subsection (2), if the
82     online courses better meet the academic goals of the student.
83          [(5)] (4) An eligible student's primary LEA of enrollment:
84          (a) in conjunction with the student and the student's parent, is responsible for preparing
85     and implementing a plan for college and career readiness for the eligible student, as provided in
86     Section 53E-2-304; and
87          (b) shall assist an eligible student in scheduling courses in accordance with the
88     student's plan for college and career readiness, graduation requirements, and the student's
89     post-secondary plans.
90          [(6)] (5) An eligible student's primary LEA of enrollment may not:
91          (a) impose restrictions on a student's selection of an online course that fulfills
92     graduation requirements and is consistent with the student's plan for college and career
93     readiness or post-secondary plans; or
94          (b) give preference to an online course or online course provider.
95          [(7)] (6) The state board, including an employee of the state board, may not give
96     preference to an online course or online course provider.
97          [(8)] (7) (a) Except as provided in Subsection [(8)(b)] (7)(b), a person may not provide
98     an inducement or incentive to a public school student to participate in the Statewide Online
99     Education Program.
100          (b) For purposes of Subsection [(8)(a)] (7)(a):
101          (i) "Inducement or incentive" does not mean:
102          (A) instructional materials or software necessary to take an online course; or
103          (B) access to a computer or digital learning device for the purpose of taking an online
104     course.
105          (ii) "Person" does not include a relative of the public school student.
106          [(9)] (8) If the program lacks sufficient legislative appropriations to fund the
107     enrollment in online courses for all eligible students who do not have a primary LEA of
108     enrollment, the state board shall prioritize funding the enrollment of an eligible student who
109     intends to graduate from high school during the school year in which the student enrolls in an
110     online course.
111          Section 3. Appropriation.
112          The following sums of money are appropriated for the fiscal year beginning July 1,
113     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
114     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
115     Act, the Legislature appropriates the following sums of money from the funds or accounts
116     indicated for the use and support of the government of the state of Utah.
117     ITEM 1
118     To State Board of Education - Statewide Online Education Program Subsidy
119          From Public Education Economic Stabilization Account, One-time
1,696,000

120          Schedule of Programs:
121               Home and Private School Students                    1,696,000
122          Section 4. Effective date.
123          This bill takes effect on July 1, 2023.