1     
STATEWIDE ONLINE EDUCATION PROGRAM

2     
MODIFICATIONS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Kirk A. Cullimore

6     
House Sponsor: ____________

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 a process to allow an individual to teach for an
24     authorized online course provider while the individual is in the process of obtaining
25     an approved license; and
26          ▸     makes technical changes.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          53F-4-501, as last amended by Laws of Utah 2021, Chapters 362, 413
34          53F-4-502, as last amended by Laws of Utah 2021, Chapter 362
35          53F-4-503, as last amended by Laws of Utah 2021, Chapter 362
36          53F-4-504, as last amended by Laws of Utah 2021, Chapter 413
37          53F-4-505, as last amended by Laws of Utah 2021, Chapter 362
38          53F-4-507, as last amended by Laws of Utah 2019, Chapter 186
39          53F-4-514, as last amended by Laws of Utah 2021, Chapter 413
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 53F-4-501 is amended to read:
45          53F-4-501. Definitions.
46          As used in this part:
47          (1) "Authorized online course provider" means the entities listed in Subsection
48     53F-4-504(1).
49          [(1)] (2) (a) "Certified online course provider" means a provider that the state board
50     approves to offer courses through the Statewide Online Education Program.
51          (b) "Certified online course provider" does not include an entity described in
52     Subsections 53F-4-504(1)(a) through (c).
53          [(2)] (3) "Credit" means credit for a high school course, or the equivalent for a middle
54     school course, as determined by the state board.
55          [(3)] (4) "Eligible student" means a student:
56          (a) who intends to take a course for middle school or high school credit; and
57          (b) (i) who is enrolled in a district school or charter school in Utah; or
58          (ii) (A) who attends a private school or home school; and
59          (B) whose custodial parent is a resident of Utah.
60          [(4)] (5) "High school" means grade 9, 10, 11, or 12.
61          [(5)] (6) "Middle school" means grade 7 or 8.
62          [(6)] (7) "Online course" means a course of instruction offered by the Statewide Online
63     Education Program through the use of digital technology, regardless of whether the student
64     participates in the course at home, at a school, at another location, or any combination of these.
65          (8) "Open-entry, open-exit" means a method of instructional delivery for an online
66     course that allows:
67          (a) for flexible scheduling in response to a student's needs; and
68          (b) a student the flexibility to begin or end study at any time, progress through course
69     material at the student's own pace, not subject to any student participation requirement, and
70     demonstrate competency when the student masters the knowledge and skills taught in the
71     course.
72          [(7)] (9) "Plan for college and career readiness" means the same as that term is defined
73     in Section 53E-2-304.
74          [(8)] (10) "Primary LEA of enrollment" means the LEA in which an eligible student is
75     enrolled for courses other than online courses offered through the Statewide Online Education
76     Program.
77          [(9)] (11) "Released-time" means a period of time during the regular school day a
78     student is excused from school at the request of the student's parent pursuant to rules of the
79     state board.
80          Section 2. Section 53F-4-502 is amended to read:
81          53F-4-502. Statewide Online Education Program created -- Designated as
82     program of the public education system -- Purposes.
83          (1) The Statewide Online Education Program is created to enable an eligible student to,
84     through the completion of publicly funded online courses:
85          (a) earn high school graduation credit; or
86          (b) earn middle school credit.
87          (2) Pursuant to Utah Constitution, Article X, Section 2, the Statewide Online
88     Education Program is designated as a program of the public education system.
89          (3) The purposes of [an online school] the Statewide Online Education Program are to:
90          (a) provide a student with access to online learning options regardless of where the
91     student attends school, whether a public, private, or home school;
92          (b) provide [high quality] digital learning options for a student regardless of language,
93     residence, family income, or special needs;
94          (c) provide online learning options to allow a student to acquire the knowledge and
95     technology skills necessary in a digital world;
96          (d) utilize the power and scalability of technology to customize education so that a
97     student may learn in the student's own style preference and at the student's own pace;
98          (e) utilize technology to remove the constraints of traditional classroom learning,
99     allowing a student to access learning virtually at any time and in any place and giving the
100     student the flexibility to take advantage of the student's peak learning time;
101          (f) provide personalized learning, where a student can spend as little or as much time
102     as the student needs to master the material;
103          (g) provide greater access to self-paced programs enabling a high achieving student to
104     accelerate academically, while a struggling student may have additional time and help to gain
105     competency;
106          (h) allow a student to customize the student's schedule to better meet the student's
107     academic goals;
108          (i) provide quality learning options to better prepare a student for post-secondary
109     education and vocational or career opportunities; and
110          (j) allow a student to have an individualized educational experience.
111          [(4) The program created under this part shall be known as the "Statewide Online
112     Education Program."]
113          [(5)] (4) The program name, "Statewide Online Education Program," shall be used in
114     the dissemination of information on the program.
115          Section 3. Section 53F-4-503 is amended to read:
116          53F-4-503. Option to enroll in online courses offered through the Statewide
117     Online Education Program.
118          (1) Subject to Subsections (2), (3), and (9), an eligible student may enroll in an online
119     course offered through the Statewide Online Education Program if:
120          (a) the student meets the course prerequisites;
121          (b) the course is open for enrollment;
122          (c) the online course is aligned with the student's plan for college and career readiness;
123          (d) the online course is consistent with the student's IEP, if the student has an IEP; and
124          (e) the online course is consistent with the student's international baccalaureate
125     program, if the student is participating in an international baccalaureate program.
126          (2) (a) Except as provided in Subsection (2)(b), an eligible student may enroll in online
127     courses for no more than six credits per school year.
128          (b) An eligible student may enroll in an online course for middle school credit for no
129     more than two credits per school year if the eligible student:
130          (i) does not have a primary LEA of enrollment; and
131          (ii) is enrolled in a private school.
132          (3) (a) An eligible student who has a primary LEA of enrollment may enroll in an
133     online course for middle school credit [beginning January 1, 2022].
134          (b) An eligible student who does not have a primary LEA of enrollment may enroll in
135     an online course for middle school credit [beginning in the 2022-2023 school year].
136          (4) Notwithstanding Subsection (2):
137          (a) a student's primary LEA of enrollment may allow an eligible student to enroll in
138     online courses for more than the number of credits specified in Subsection (2); or
139          (b) upon the request of an eligible student, the state board may allow the student to
140     enroll in online courses for more than the number of credits specified in Subsection (2), if the
141     online courses better meet the academic goals of the student.
142          (5) An eligible student's primary LEA of enrollment:
143          (a) in conjunction with the student and the student's parent, is responsible for preparing
144     and implementing a plan for college and career readiness for the eligible student, as provided in
145     Section 53E-2-304; and
146          (b) shall assist an eligible student in scheduling courses in accordance with the
147     student's plan for college and career readiness, graduation requirements, and the student's
148     post-secondary plans.
149          (6) An eligible student's primary LEA of enrollment may not:
150          (a) impose restrictions on a student's selection of an online course that fulfills
151     graduation requirements and is consistent with the student's plan for college and career
152     readiness or post-secondary plans; or
153          (b) give preference to an online course or authorized online course provider.
154          (7) The state board, including an employee of the state board, may not give preference
155     to an online course or authorized online course provider.
156          (8) (a) Except as provided in Subsection (8)(b), a person may not provide an
157     inducement or incentive to a public school student to participate in the Statewide Online
158     Education Program.
159          (b) For purposes of Subsection (8)(a):
160          (i) "Inducement or incentive" does not mean:
161          (A) instructional materials or software necessary to take an online course; or
162          (B) access to a computer or digital learning device for the purpose of taking an online
163     course.
164          (ii) "Person" does not include a relative of the public school student.
165          (9) If the program lacks sufficient legislative appropriations to fund the enrollment in
166     online courses for all eligible students who do not have a primary LEA of enrollment, the state
167     board shall prioritize funding the enrollment of an eligible student who intends to graduate
168     from high school during the school year in which the student enrolls in an online course.
169          Section 4. Section 53F-4-504 is amended to read:
170          53F-4-504. Authorized online course providers -- Certified online course
171     providers.
172          (1) The following entities may offer online courses to eligible students through the
173     Statewide Online Education Program:
174          (a) a charter school or district school created exclusively for the purpose of serving
175     students online;
176          (b) an LEA program, approved by the LEA governing board, that is created exclusively
177     for the purpose of serving students online;
178          (c) a program of an institution of higher education listed in Section 53B-2-101 that:
179          (i) offers secondary school level courses; and
180          (ii) is created exclusively for the purpose of serving students online; and
181          (d) [beginning in the 2021-2022 school year,] a certified online course provider.
182          (2) The state board shall approve an online course provider as a certified online course
183     provider if the online course provider:
184          (a) complies with the application procedures described in Section 53F-4-514;
185          (b) meets the standards described in Section 53F-4-514; and
186          (c) has prior experience offering online courses to secondary students.
187          (3) The state board may revoke the approval described in Subsection (2) if the state
188     board:
189          (a) finds that a certified online course provider is not complying with the requirements
190     described in Section 53F-4-514[.];
191          (b) provides written notice describing the findings of non-compliance to the certified
192     online course provider;
193          (c) provides the certified online course provider with at least 90 days to remedy the
194     findings of non-compliance;
195          (d) reevaluates the findings of non-compliance at least 90 days after the certified online
196     course provider's remedy period described in Subsection (3)(c); and
197          (e) finds after reevaluation that the certified online course provider has failed to
198     satisfactorily remedy the findings of non-compliance.
199          (4) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
200     state board shall provide a delayed effective date that is after the school year has ended for a
201     change to an administrative rule related to the Statewide Online Education Program if the
202     change would require an authorized online course provider to make program changes during
203     the school year.
204          Section 5. Section 53F-4-505 is amended to read:
205          53F-4-505. Payment for an online course.
206          (1) For the 2012-13 school year, the fee for a .5 credit online course or .5 credit of a 1
207     credit online course is:
208          (a) $200 for the following courses, except a concurrent enrollment course:
209          (i) financial literacy;
210          (ii) health;
211          (iii) fitness for life; and
212          (iv) computer literacy;
213          (b) $200 for driver education;
214          (c) $250 for a course that meets core standards for Utah public schools in fine arts or
215     career and technical education, except a concurrent enrollment course;
216          (d) $300 for the following courses:
217          (i) a course that meets core standards for Utah public schools requirements in social
218     studies, except a concurrent enrollment course; and
219          (ii) a world language course, except a concurrent enrollment course;
220          (e) $350 for the following courses:
221          (i) a course that meets core standards for Utah public schools requirements for
222     language arts, mathematics, or science; and
223          (ii) a concurrent enrollment course; and
224          (f) $250 for a course not described in Subsections (1)(a) through (e).
225          (2) If a course meets the requirements of more than one course fee category described
226     in Subsection (1), the course fee shall be the lowest of the applicable course fee categories.
227          (3) [Beginning with the 2013-14 school year, the] The online course fees described in
228     Subsection (1) shall be adjusted each school year in accordance with the percentage change in
229     value of the weighted pupil unit from the previous school year.
230          (4) An online learning provider shall receive payment for an online course as follows:
231          (a) for a .5 credit online course, 50% of the online course fee after the withdrawal
232     period described in Section 53F-4-506;
233          (b) for a 1 credit online course, 25% of the online course fee after the withdrawal
234     period described in Section 53F-4-506 and 25% of the online course fee upon the beginning of
235     the second .5 credit of the online course; and
236          (c) if a student completes a 1 credit online course within 12 months or a .5 credit
237     course within nine weeks following the end of a traditional semester, 50% of the online course
238     fee.
239          (5) (a) If a student fails to complete a 1 credit course within 12 months or a .5 credit
240     course within nine weeks following the end of a traditional semester, the student may continue
241     to be enrolled in the course until the student graduates from high school.
242          (b) To encourage an authorized online course provider to provide remediation to a
243     student who remains enrolled in an online course pursuant to Subsection (5)(a) and avoid the
244     need for credit recovery, an authorized online course provider shall receive a payment equal to
245     30% of the online course fee if the student completes the online course:
246          (i) for a high school online course, before the student graduates from high school; or
247          (ii) for a middle school online course, before the student completes middle school.
248          (6) Notwithstanding the online course fees prescribed in Subsections (1) through (3), a
249     school district or charter school may:
250          (a) negotiate a fee with an authorized online course provider for an amount up to the
251     amount prescribed in Subsections (1) through (3); and
252          (b) pay the negotiated fee instead of the fee prescribed in Subsections (1) through (3).
253          (7) An authorized online course provider who contracts with a vendor for the
254     acquisition of online course content or online course instruction may negotiate the payment for
255     the vendor's service independent of the fees specified in Subsections (1) through (3).
256          (8) The state board may not remove a student from an online course if the student is
257     eligible for continued enrollment in the online course under Subsection (5).
258          Section 6. Section 53F-4-507 is amended to read:
259          53F-4-507. State board to deduct funds and make payments -- Plan for the
260     payment of online courses taken by private and home school students.
261          (1) [For a fiscal year that begins on or after July 1, 2018, and subject] Subject to future
262     budget constraints, the Legislature shall adjust the appropriation for the Statewide Online
263     Education Program based on:
264          (a) the anticipated increase of eligible home school and private school students
265     enrolled in the Statewide Online Education Program; and
266          (b) the value of the weighted pupil unit.
267          (2) Notwithstanding Subsection (1) and subject to future budget constraints, the
268     Legislature shall:
269          (a) consider enrollment projections provided by the authorized online course providers
270     to account for enrollment growth during the appropriations process; and
271          (b) provide a supplemental appropriation to adequately fund the Statewide Online
272     Education Program when the enrollment amount exceeds the projected enrollment amounts
273     provided by the authorized online course providers.
274          [(2)] (3) (a) The state board shall deduct money from funds allocated to the student's
275     primary LEA of enrollment under Chapter 2, State Funding -- Minimum School Program, to
276     pay for online course fees.
277          (b) Money shall be deducted under Subsection [(2)] (3) in the amount and at the time
278     an authorized online course provider qualifies to receive payment for an online course provided
279     to a public education student, not to exceed 90 days after qualification, as provided in
280     Subsection 53F-4-505(4).
281          (c) Beginning July 1, 2023, the state board shall deduct money from funds allocated for
282     course fees for a private school or home school student in the amount and at the time an
283     authorized online course provider qualifies to receive payment for an online course, not to
284     exceed 90 days after qualification.
285          [(3)] (4) From money deducted under Subsection [(2)] (3), the state board shall make
286     payments to the student's authorized online course provider as provided in Section 53F-4-505.
287          [(4)] (5) The Legislature shall establish a plan[, which shall take effect beginning on
288     July 1, 2013,] for the payment of online courses taken by a private school or home school
289     student.
290          Section 7. Section 53F-4-514 is amended to read:
291          53F-4-514. State board -- Rulemaking -- Fees.
292          (1) The state board shall make rules in accordance with this part and Title 63G,
293     Chapter 3, Utah Administrative Rulemaking Act, that establish:
294          (a) [establish] a course credit acknowledgement form and procedures for completing
295     and submitting to the state board a course credit acknowledgement;
296          (b) [establish] procedures for the administration of a statewide assessment to a student
297     enrolled in an online course; and
298          (c) [establish] protocols for an online course provider to obtain approval to become a
299     certified online course provider, including:
300          (i) the application procedure for an online course provider to obtain approval to
301     become a certified online course provider; [and]
302          (ii) the standards that a certified online course provider and any online course the
303     certified online course provider offers shall meet[.];
304          (d) a process to allow an authorized online course provider described in Subsection
305     53F-4-504(1) to submit a new online course that does not have an existing state board course
306     code for approval by the state board;
307          (e) no later than July 1, 2024, a process within existing systems at the state board to
308     allow a certified online course provider access to an educator's licensing, endorsement,
309     certification, and assignment information if the educator is teaching an online course for the
310     certified online course provider;
311          (f) a process for an authorized online course provider that:
312          (i) allows an individual to teach an online course while the individual is in the process
313     of obtaining a license or endorsement approved by the state board;
314          (ii) is no more stringent than the process allowed for an LEA; and
315          (iii) allows a certified online provider licensing options including:
316          (A) contracting with a license granting organization, approved by the state board, that
317     is not an LEA;
318          (B) partnering with an LEA in utilizing the LEA's existing state-board-approved
319     licensing process; or
320          (C) designing a local certification and endorsement process in cooperation with and
321     approved by the state board; and
322          (g) in consultation with the authorized online course providers, the parameters for
323     conducting a site visit including:
324          (i) a definition for the term site visit;
325          (ii) the minimum amount of time required for:
326          (A) notice to an authorized online course provider of a site visit; and
327          (B) an authorized online course provider to prepare for a site visit;
328          (iii) the documents, data, and artifacts subject to inspection during a site visit; and
329          (iv) a process to ensure a site visit does not interfere with student instruction.
330          (2) (a) When establishing the standards described in Subsection (1)(c)(ii), the state
331     board shall:
332          (i) establish rules and minimum standards regarding accreditation;
333          (ii) require an online course to be aligned with the core standards described in Section
334     53E-4-202;
335          (iii) require proof that a national organization responsible for college athletics
336     endorses:
337          (A) the certified online course provider; or
338          (B) the online course that a certified online course provider offers;
339          (iv) permit an open-entry, open-exit method of instructional delivery that allows a
340     student the flexibility to:
341          (A) schedule in response to individual needs or requirements;
342          (B) demonstrate competency when the student has mastered knowledge and skills;
343          (C) begin or end study at any time; and
344          (D) progress through course material at the student's own pace; and
345          (v) except as provided in Subsection (3), require an individual who teaches a course for
346     a certified online course provider to hold a teaching license issued by the state board.
347          (b) When establishing the standards described in Subsection (1)(c)(ii), the state board
348     may not:
349          (i) specify a minimum duration for an online course;
350          (ii) specify a minimum amount of time that a student must spend in an online course;
351     or
352          (iii) limit the class size of an online course.
353          (3) The state board may not prohibit an individual from teaching an online course for
354     an authorized online course provider while the individual is in the process of obtaining a
355     license or endorsement issued by the state board.
356          [(3)] (4) The state board may establish a fee, in accordance with Section 63J-1-504, in
357     an amount to pay the costs to the state board of the application approval process and the
358     monitoring of a certified online course provider's compliance with the standards described in
359     Subsection (1)(c)(ii).
360          [(4)] (5) (a) Fee revenue collected in accordance with Subsection [(3)] (4) shall be:
361          [(b)] (i) deposited into the Uniform School Fund as a dedicated credit; and
362          [(c)] (ii) used to pay the costs to the state board of reviewing certified online course
363     providers' applications and compliance with the standards described in Subsection (1)(c)(ii).
364          Section 8. Repealer.
365          This bill repeals:
366          Section 53F-4-515, Review by legislative auditor general.