Representative Dan N. Johnson proposes the following substitute bill:


1     
STATEWIDE ONLINE EDUCATION PROGRAM AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Dan N. Johnson

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Statewide Online Education Program (the program).
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the Utah State Board of Education to:
13               •     update operating systems to allow for transfer of student information with the
14     program;
15               •     dedicate staff to offer technical support for the program;
16               •     create a model cooperative agreement between a primary local education agency
17     and an authorized online provider;
18               •     provide certain itemized reports to a primary LEA;
19               •     create a mandatory training for certain LEA staff about the program;
20               •     create a communication dashboard; and
21               •     collaborate with the Utah System of Higher Education to offer online concurrent
22     enrollment options including within the program;
23          ▸     requires a primary LEA to coordinate accommodations of a student's individualized
24     education plan or section 504 accommodation plan;
25          ▸     establishes a deadline to acknowledge a course enrollment;
26          ▸     requires certain coordination between a primary LEA and an authorized online
27     course provider; and
28          ▸     makes technical changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          None
33     Utah Code Sections Affected:
34     AMENDS:
35          53E-3-518, as last amended by Laws of Utah 2023, Chapter 70
36          53F-4-501, as last amended by Laws of Utah 2023, Chapters 226, 368
37          53F-4-502, as last amended by Laws of Utah 2023, Chapter 368
38          53F-4-503, as last amended by Laws of Utah 2023, Chapters 226, 368
39          53F-4-504, as last amended by Laws of Utah 2023, Chapter 368
40          53F-4-505, as last amended by Laws of Utah 2023, Chapter 368
41          53F-4-506, as renumbered and amended by Laws of Utah 2018, Chapter 2
42          53F-4-507, as last amended by Laws of Utah 2023, Chapter 368
43          53F-4-508, as last amended by Laws of Utah 2019, Chapter 186
44          53F-4-509, as renumbered and amended by Laws of Utah 2018, Chapter 2
45          53F-4-510, as last amended by Laws of Utah 2019, Chapter 186
46          53F-4-511, as last amended by Laws of Utah 2019, Chapter 186
47          53F-4-512, as last amended by Laws of Utah 2019, Chapter 186
48          53F-4-513, as last amended by Laws of Utah 2021, Chapter 362
49          53F-4-514, as last amended by Laws of Utah 2023, Chapter 368
50          53F-4-516, as last amended by Laws of Utah 2019, Chapter 186
51          53F-4-517, as renumbered and amended by Laws of Utah 2018, Chapter 2
52          53F-4-518, as last amended by Laws of Utah 2023, Chapter 368
53     

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 53E-3-518 is amended to read:
56          53E-3-518. Utah school information management system -- Local education
57     agency requirements.
58          (1) As used in this section:
59          (a) "LEA data system" or "LEA's data system" means a data system that:
60          (i) is developed, selected, or relied upon by an LEA; and
61          (ii) the LEA uses to collect data or submit data to the state board related to:
62          (A) student information;
63          (B) educator information;
64          (C) financial information; or
65          (D) other information requested by the state board.
66          (b) "LEA financial information system" or "LEA's financial information system" means
67     an LEA data system used for financial information.
68          (c) "Parent" means the same as that term is defined in Section 53G-6-201.
69          (d) "Utah school information management system" or "information management
70     system" means the state board's data collection and reporting system described in this section.
71          (e) "User" means an individual who has authorized access to the information
72     management system.
73          (2) On or before July 1, 2024, the state board shall have in place an information
74     management system that meets the requirements described in this section.
75          (3) The state board shall ensure that the information management system:
76          (a) interfaces with an LEA's data systems that meet the requirements described in
77     Subsection [(6);] (7);
78          (b) serves as the mechanism for the state board to collect and report on all data that
79     LEAs submit to the state board related to:
80          (i) student information;
81          (ii) educator information;
82          (iii) financial information; and
83          (iv) other information requested by the state board;
84          (c) includes a web-based user interface through which a user may:
85          (i) enter data;
86          (ii) view data; and
87          (iii) generate customizable reports;
88          (d) includes a data warehouse and other hardware or software necessary to store or
89     process data submitted by an LEA;
90          (e) provides for data privacy, including by complying with [Title 53E, Chapter 9,
91     Student Privacy and Data Protection] Chapter 9, Student Privacy and Data Protection;
92          (f) restricts user access based on each user's role; and
93          (g) meets requirements related to a student achievement backpack described in Section
94     53E-3-511.
95          (4) On or before January 31, 2026, the state board shall:
96          (a) ensure the information management system described in this section allows for the
97     transfer of a student's transcript, current IEP, or Section 504 accommodation plan including the
98     tracking of necessary accommodations and services between:
99          (i) different LEA student information systems; and
100          (ii) an authorized online course provider and a primary LEA; and
101          (b) ensure the transfer capability described in Subsection (4)(a) is available for the
102     same use within the operating system the state board uses for the Statewide Online Education
103     Program described in Title 53F, Chapter 4, Part 5, Statewide Online Education Program.
104          [(4)] (5) The state board shall establish the restrictions on user access described in
105     Subsection (3)(f).
106          [(5)] (6) (a) The state board shall make rules that establish the required capabilities for
107     an LEA financial information system.
108          (b) In establishing the required capabilities for an LEA financial information system,
109     the state board shall consider metrics and capabilities requested by the state treasurer or state
110     auditor.
111          [(6)] (7) (a) On or before July 1, 2024, an LEA shall ensure that:
112          (i) all of the LEA's data systems:
113          (A) meet the data standards established by the state board in accordance with Section
114     53E-3-501;
115          (B) are fully compatible with the state board's information management system; and
116          (C) meet specification standards determined by the state board; and
117          (ii) the LEA's financial information system meets the requirements described in
118     Subsection [(5).] (6).
119          (b) An LEA shall ensure that an LEA data system purchased or developed on or after
120     May 14, 2019, will be compatible with the information management system when the
121     information management system is fully operational.
122          [(7)] (8) (a) Subject to appropriations and Subsection [(7)(b)] (8)(b), the state board
123     may use an appropriation under this section to help an LEA meet the requirements in the rules
124     described in Subsection [(5)] (6) by:
125          (i) providing to the LEA funding for implementation and sustainment of the LEA
126     financial information system, either through:
127          (A) awarding a grant to the LEA; or
128          (B) providing a reimbursement to the LEA; or
129          (ii) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a
130     financial information system on behalf of an LEA for the LEA to use as the LEA's financial
131     information system.
132          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
133     state board shall make rules describing:
134          (i) how an LEA may apply to the state board for the assistance described in Subsection
135     [(7)(a)] (8)(a); and
136          (ii) criteria for the state board to provide the assistance to an LEA.
137          [(8)] (9) (a) Beginning July 1, 2024, the state board may take action against an LEA
138     that is out of compliance with a requirement described in Subsection [(6)] (7) until the LEA
139     complies with the requirement.
140          (b) An action described in Subsection [(8)(a)] (9)(a) may include the state board
141     withholding funds from the LEA.
142          [(9)] (10) (a) For purposes of this Subsection [(9)] (10), "education record" means the
143     same as that term is defined in 20 U.S.C. Sec. 1232g.
144          (b) The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
145     Administrative Rulemaking Act, establish a procedure under which:
146          (i) a parent may submit information as part of the education records for the parent's
147     student;
148          (ii) the information submitted by the parent is maintained as part of the education
149     records for the parent's student;
150          (iii) information submitted by the parent and maintained as part of the education
151     records for the parent's student may be removed at the request of the parent; and
152          (iv) a parent has access only to the education records of the parent's student in
153     accordance with Subsection [(9)(d).] (10)(d).
154          (c) The rules made under this Subsection [(9)] (10) shall allow a parent to submit or
155     remove information submitted by the parent under this Subsection [(9)] (10) at least annually,
156     including at the time of:
157          (i) registering a student in a school; or
158          (ii) changing the school in which a student attends.
159          (d) Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec.
160     1232g, and related regulations, the state board shall provide a parent access to an education
161     record concerning the parent's student.
162          (e) The state board shall create in the information management system a record
163     tracking interoperability of education records described in this Subsection [(9)] (10) when a
164     student is transitioning between schools or between LEAs.
165          Section 2. Section 53F-4-501 is amended to read:
166          53F-4-501. Definitions.
167          As used in this part:
168          (1) "Authorized online course provider" means the entities listed in Subsection
169     53F-4-504(1).
170          (2) (a) "Certified online course provider" means a provider that the state board
171     approves to offer courses through the Statewide Online Education Program.
172          (b) "Certified online course provider" does not include an entity described in
173     Subsections 53F-4-504(1)(a) through (c).
174          (3) "Credit" means credit for a high school course, or the equivalent for a middle
175     school course, as determined by the state board.
176          (4) "Eligible student" means a student:
177          (a) who intends to take a course for middle school or high school credit; and
178          (b) (i) who is enrolled in an LEA in Utah; or
179          (ii) (A) who attends a private school or home school; and
180          (B) whose custodial parent is a resident of Utah.
181          (5) "High school" means grade 9, 10, 11, or 12.
182          (6) "Middle school" means, only for purposes of student eligibility to participate in the
183     Statewide Online Education Program, grade 6, 7, or 8.
184          (7) "Online course" means a course of instruction offered by the Statewide Online
185     Education Program through the use of digital technology, regardless of whether the student
186     participates in the course at home, at school, at another location, or any combination of these.
187          (8) "Plan for college and career readiness" means the same as that term is defined in
188     Section 53E-2-304.
189          (9) "Primary LEA of enrollment" or "primary LEA" means the LEA in which an
190     eligible student is enrolled for courses other than online courses offered through the Statewide
191     Online Education Program.
192          (10) "Released-time" means a period of time during the regular school day a student is
193     excused from school at the request of the student's parent pursuant to rules of the state board.
194          Section 3. Section 53F-4-502 is amended to read:
195          53F-4-502. Statewide Online Education Program created -- Designated as
196     program of the public education system -- Purposes.
197          (1) The Statewide Online Education Program is created to enable an eligible student to,
198     through the completion of publicly funded online courses:
199          (a) by July, 1, 2025, earn college credit;
200          [(a)] (b) earn high school graduation credit; or
201          [(b)] (c) earn middle school credit.
202          (2) Pursuant to Utah Constitution, Article X, Section 2, the Statewide Online
203     Education Program is designated as a program of the public education system.
204          (3) The purposes of the Statewide Online Education Program are to:
205          (a) provide a student with access to online learning options regardless of where the
206     student attends school, whether a public, private, or home school;
207          (b) provide digital learning options for a student regardless of language, residence,
208     family income, or special needs;
209          (c) provide online learning options to allow a student to acquire the knowledge and
210     technology skills necessary in a digital world;
211          (d) utilize the power and scalability of technology to customize education so that a
212     student may learn in the student's own style preference and at the student's own pace;
213          (e) utilize technology to remove the constraints of traditional classroom learning,
214     allowing a student to access learning virtually at any time and in any place and giving the
215     student the flexibility to take advantage of the student's peak learning time;
216          (f) provide personalized learning, where a student can spend as little or as much time
217     as the student needs to master the material;
218          (g) provide greater access to self-paced programs enabling a high achieving student to
219     accelerate academically, while a struggling student may have additional time and help to gain
220     competency;
221          (h) allow a student to customize the student's schedule to better meet the student's
222     academic goals;
223          (i) provide quality learning options to better prepare a student for post-secondary
224     education [and], vocational training, or career opportunities; and
225          (j) allow a student to have an individualized educational experience.
226          (4) The program name, "Statewide Online Education Program," shall be used in the
227     dissemination of information on the program.
228          Section 4. Section 53F-4-503 is amended to read:
229          53F-4-503. Option to enroll in online courses offered through the Statewide
230     Online Education Program.
231          (1) Subject to Subsections [(2) and (8),] (2), (9) and (11) and with the advice of a
232     school counselor at a student's primary LEA, an eligible student may enroll in an online course
233     offered through the Statewide Online Education Program if:
234          (a) the student meets the course prerequisites;
235          (b) the course is open for enrollment; and
236          (c) the online course is aligned with the student's plan for college and career
237     readiness[;].
238          [(d) the online course is consistent with the student's IEP, if the student has an IEP;
239     and]
240          [(e) the online course is consistent with the student's international baccalaureate
241     program, if the student is participating in an international baccalaureate program.]
242          (2) An eligible student may enroll in online courses [for no more than] totaling up to
243     six credits per school year.
244          (3) Notwithstanding Subsection (2):
245          (a) a student's primary LEA of enrollment may allow an eligible student to enroll in
246     online courses for more than the number of credits specified in Subsection (2); or
247          (b) upon the request of an eligible student, the state board may allow the student to
248     enroll in online courses for more than the number of credits specified in Subsection (2), if the
249     online courses better meet the academic goals of the student.
250          (4) An eligible student's primary LEA of enrollment:
251          (a) in conjunction with the student and the student's parent, is responsible for preparing
252     and implementing a plan for college and career readiness for the eligible student, as provided in
253     Section 53E-2-304; and
254          (b) shall assist an eligible student in scheduling courses in accordance with the
255     student's plan for college and career readiness, graduation requirements, and the student's
256     post-secondary plans.
257          (5) An eligible student's primary LEA of enrollment may not:
258          (a) impose restrictions on a student's selection of an online course that fulfills
259     graduation requirements and is consistent with the student's plan for college and career
260     readiness or post-secondary plans; or
261          (b) give preference to an online course or authorized online course provider.
262          (6) The state board, including an employee of the state board, may not give preference
263     to an online course or authorized online course provider.
264          (7) (a) Except as provided in Subsection (7)(b), a person may not provide an
265     inducement or incentive to a public school student to participate in the Statewide Online
266     Education Program.
267          (b) For purposes of Subsection (7)(a):
268          (i) "Inducement or incentive" does not mean:
269          (A) instructional materials or software necessary to take an online course; or
270          (B) access to a computer or digital learning device for the purpose of taking an online
271     course.
272          (ii) "Person" does not include a relative of the public school student.
273          (8) The state board shall coordinate with the Utah System of Higher Education to study
274     funding structures and access barriers related to concurrent enrollment for the Statewide Online
275     Education Program and provide recommendations to the Education Interim Committee no later
276     than the November 2024 meeting.
277          (9) Subject to legislative appropriations, the state board shall provide Statewide Online
278     Education Program academic counseling that:
279          (a) may advise an eligible student or an eligible student's parent regarding an online
280     course enrollment including how an online course relates to graduation requirements described
281     in Section 53E-4-204 and administrative rule;
282          (b) provide the training described in Section 53F-4-514;
283          (c) provide technical support to an LEA, school-based counselor, eligible student, or
284     eligible student's parent;
285          (d) assist in gathering information, reports, and data an LEA requests; and
286          (e) direct an eligible student or an eligible student's parent to a school-specific
287     counselor for advice regarding an online course enrollment in relation to an LEA, or
288     school-specific graduation requirement and all other counseling services.
289          (10) If an eligible student has an IEP or Section 504 accommodation plan:
290          (a) the eligible student's primary LEA:
291          (i) shall:
292          (A) forward a copy of the relevant portions of the eligible student's existing IEP or
293     Section 504 accommodation plan to the authorized online course provider in accordance with
294     federal law and guidelines; and
295          (B) ensure the authorized online course provider is provided an eligible student's
296     updated IEP when revisions are made;
297          (ii) may:
298          (A) ensure the eligible student's IEP team and the authorized online course provider
299     review a course enrollment for compliance with requirements described in Subsection (1); and
300          (B) as needed, coordinate additional IEP team reviews with the authorized online
301     course provider to ensure appropriate services, supports, and accommodations are in place for
302     the eligible student; and
303          (b) the authorized online course provider:
304          (i) shall implement an eligible student's IEP or section 504 accommodation plan; and
305          (ii) may seek assistance from the primary LEA to implement an eligible student's IEP
306     or section 504 accommodation plan.
307          (11) The state board shall create a model cooperative agreement between a primary
308     LEA and an authorized online course provider for use when the primary LEA determines that
309     an authorized online course provider would best provide IEP services.
310          (12) If the program lacks sufficient legislative appropriations to fund the enrollment in
311     online courses for all eligible students who do not have a primary LEA of enrollment, the state
312     board shall prioritize funding the enrollment of an eligible student who intends to graduate
313     from high school during the school year in which the student enrolls in an online course.
314          Section 5. Section 53F-4-504 is amended to read:
315          53F-4-504. Authorized online course providers -- Certified online course
316     providers.
317          (1) The following entities are known as an authorized online course provider and may
318     offer online courses to eligible students through the Statewide Online Education Program:
319          (a) [a charter school or district school] a school within an LEA created exclusively for
320     the purpose of serving students online;
321          (b) an LEA program, approved by the LEA governing board, that is created exclusively
322     for the purpose of serving students online;
323          (c) a program of an institution of higher education listed in Section 53B-2-101 that:
324          (i) offers secondary school level courses; and
325          (ii) is created exclusively for the purpose of serving students online; and
326          (d) a certified online course provider.
327          (2) The state board shall approve an online course provider as a certified online course
328     provider if the online course provider:
329          (a) complies with the application procedures described in Section 53F-4-514;
330          (b) meets the standards described in Section 53F-4-514;
331          (c) has a student information system that is compatible with the state board's
332     information system described in Section 53E-3-518; and
333          [(c)] (d) has prior experience offering online courses to secondary students.
334          (3) The state board may revoke the approval described in Subsection (2) if the state
335     board:
336          (a) finds that a certified online course provider is not complying with the requirements
337     described in Section 53F-4-514;
338          (b) provides written notice describing the findings of non-compliance to the certified
339     online course provider;
340          (c) provides the certified online course provider with at least 60 days to remedy the
341     findings of non-compliance;
342          (d) reevaluates the findings of non-compliance at least 60 days after the certified online
343     course provider's remedy period described in Subsection (3)(c); and
344          (e) finds after reevaluation that the certified online course provider has failed to
345     satisfactorily remedy the findings of non-compliance.
346          Section 6. Section 53F-4-505 is amended to read:
347          53F-4-505. Payment for an online course.
348          (1) For the 2012-13 school year, the fee for a .5 credit online course or .5 credit of a 1
349     credit online course is:
350          (a) $200 for the following courses, except a concurrent enrollment course:
351          (i) financial literacy;
352          (ii) health;
353          (iii) fitness for life; and
354          (iv) computer literacy;
355          (b) $200 for driver education;
356          (c) $250 for a course that meets core standards for Utah public schools in fine arts or
357     career and technical education, except a concurrent enrollment course;
358          (d) $300 for the following courses:
359          (i) a course that meets core standards for Utah public schools requirements in social
360     studies, except a concurrent enrollment course; and
361          (ii) a world language course, except a concurrent enrollment course;
362          (e) $350 for the following courses:
363          (i) a course that meets core standards for Utah public schools requirements for
364     language arts, mathematics, or science; and
365          (ii) a concurrent enrollment course; and
366          (f) $250 for a course not described in Subsections (1)(a) through (e).
367          (2) If a course meets the requirements of more than one course fee category described
368     in Subsection (1), the course fee shall be the lowest of the applicable course fee categories.
369          (3) The online course fees described in Subsection (1) shall be adjusted each school
370     year in accordance with the percentage change in value of the weighted pupil unit from the
371     previous school year.
372          (4) An authorized online course provider shall receive payment for an online course as
373     follows:
374          (a) for a .5 credit online course, 50% of the online course fee after the withdrawal
375     period described in Section 53F-4-506;
376          (b) for a 1 credit online course, 25% of the online course fee after the withdrawal
377     period described in Section 53F-4-506 and 25% of the online course fee upon the beginning of
378     the second .5 credit of the online course; and
379          (c) if a student completes a 1 credit online course within 12 months or a .5 credit
380     course within nine weeks following the end of a traditional semester, 50% of the online course
381     fee.
382          (5) (a) If a student fails to complete a 1 credit course within 12 months or a .5 credit
383     course within nine weeks following the end of a traditional semester, the student may continue
384     to be enrolled in the course until the student graduates from high school.
385          (b) To encourage an authorized online course provider to provide remediation to a
386     student who remains enrolled in an online course pursuant to Subsection (5)(a) and avoid the
387     need for credit recovery, an authorized online course provider shall receive a payment equal to
388     30% of the online course fee if the student completes the online course:
389          (i) for a high school online course, before the student graduates from high school; or
390          (ii) for a middle school online course, before the student completes middle school.
391          (6) Notwithstanding the online course fees prescribed in Subsections (1) through (3), a
392     school district or charter school may:
393          (a) negotiate a fee with an authorized online course provider for an amount up to the
394     amount prescribed in Subsections (1) through (3); and
395          (b) pay the negotiated fee instead of the fee prescribed in Subsections (1) through (3).
396          (7) An authorized online course provider who contracts with a vendor for the
397     acquisition of online course content or online course instruction may negotiate the payment for
398     the vendor's service independent of the fees specified in Subsections (1) through (3).
399          (8) The state board may not remove a student from an online course if the student is
400     eligible for continued enrollment in the online course under Subsection (5).
401          (9) Upon request by a primary LEA, the state board shall provide an itemized report to
402     the primary LEA showing the deduction described in Subsection 53F-4-508(2) by student and
403     course enrolled.
404          Section 7. Section 53F-4-506 is amended to read:
405          53F-4-506. Withdrawal from an online course.
406          (1) An authorized online course provider shall establish a start date for an online
407     course, including a start date for the second .5 credit of a 1 credit online course.
408          (2) Except as provided in Subsection (3), a student may withdraw from an online
409     course:
410          (a) within 20 school calendar days of the start date, if the student enrolls in an online
411     course on or before the start date established pursuant to Subsection (1); or
412          (b) within 20 school calendar days of enrolling in the online course, if the student
413     enrolls in an online course after the start date established pursuant to Subsection (1).
414          (3) (a) A student may withdraw from a 1 credit online course within 20 school calendar
415     days of the start date of the second .5 credit of the online course.
416          (b) An authorized online course provider shall refund a payment received for the
417     second .5 credit of an online course if a student withdraws from the online course pursuant to
418     Subsection (3)(a).
419          (c) If a student withdraws from a 1 credit online course as provided in Subsection
420     (3)(a), the authorized online course provider shall receive payment for the student's completion
421     of .5 credit of the 1 credit course in the same manner as an authorized online course provider
422     receives payment for a student's completion of a .5 credit online course as described in
423     Subsection 53F-4-505(4).
424          Section 8. Section 53F-4-507 is amended to read:
425          53F-4-507. State board to deduct funds and make payments -- Plan for the
426     payment of online courses taken by private and home school students.
427          (1) Subject to future budget constraints, the Legislature shall adjust the appropriation
428     for the Statewide Online Education Program based on:
429          (a) the anticipated increase of eligible home school and private school students
430     enrolled in the Statewide Online Education Program; and
431          (b) the value of the weighted pupil unit.
432          (2) Notwithstanding Subsection (1) and subject to future budget constraints, the
433     Legislature shall:
434          (a) consider enrollment projections provided by the authorized online course providers
435     to account for enrollment growth during the appropriations process;
436          (b) provide a supplemental appropriation to adequately fund the Statewide Online
437     Education Program when the enrollment amount exceeds the projected enrollment amounts
438     provided by the authorized online course providers; and
439          (c) in the fiscal year beginning July 1, 2025, keep all other appropriations for the
440     Statewide Online Education Program separate from the appropriations described in Section
441     53F-4-518.
442          (3) (a) The state board shall deduct money from funds allocated to the student's
443     primary LEA of enrollment under Chapter 2, State Funding -- Minimum School Program, to
444     pay for online course fees.
445          (b) Money shall be deducted under Subsection (3)(a) in the amount and at the time an
446     authorized online course provider qualifies to receive payment for an online course provided to
447     a public education student, not to exceed 90 days after qualification, as provided in Subsection
448     53F-4-505(4).
449          (c) [Beginning July 1, 2023, the] The state board shall deduct money from funds
450     allocated for course fees for a private school or home school student in the amount and at the
451     time an authorized online course provider qualifies to receive payment for an online course, not
452     to exceed 90 days after qualification.
453          (4) From money deducted under Subsection (3), the state board shall make payments to
454     the student's authorized online course provider as provided in Section 53F-4-505.
455          [(5) The Legislature shall establish a plan for the payment of online courses taken by a
456     private school or home school student.]
457          Section 9. Section 53F-4-508 is amended to read:
458          53F-4-508. Course credit acknowledgment.
459          (1) A student's primary LEA of enrollment and the student's authorized online course
460     provider shall:
461          (a) enter into a course credit acknowledgment in which the primary LEA of enrollment
462     and the authorized online course provider acknowledge that the authorized online course
463     provider is responsible for the instruction of the student in a specified online course[.]; and
464          (b) agree upon a process to provide the primary LEA with the ability to ensure
465     consistency of a course request with a student's:
466          (i) IEP or Section 504 accommodation plan;
467          (ii) graduation requirements; and
468          (iii) schedule, if applicable.
469          (2) The terms of the course credit acknowledgment shall provide that:
470          (a) the authorized online course provider shall receive a payment in the amount
471     provided under Section 53F-4-505; and
472          (b) the student's primary LEA of enrollment acknowledges that the state board will
473     deduct funds allocated to the LEA under Chapter 2, State Funding -- Minimum School
474     Program, in the amount and at the time the authorized online course provider qualifies to
475     receive payment for the online course as provided in Subsection 53F-4-505(4).
476          (3) (a) A course credit acknowledgment may originate with either an authorized online
477     course provider or primary LEA of enrollment.
478          (b) The originating entity shall submit the course credit acknowledgment to the state
479     board who shall forward it to the primary LEA of enrollment for course selection verification
480     or the authorized online course provider for acceptance.
481          (c) (i) A primary LEA of enrollment may only reject a course credit acknowledgment
482     if:
483          (A) the online course is not aligned with the student's plan for college and career
484     readiness; or
485          [(B) the online course is not consistent with the student's IEP, if the student has an
486     IEP;]
487          [(C) the online course is not consistent with the student's international baccalaureate
488     program, if the student participates in an international baccalaureate program; or]
489          [(D)] (B) the number of online course credits exceeds the maximum allowed for the
490     year as provided in Section 53F-4-503.
491          (ii) Verification of alignment of an online course with a student's plan for college and
492     career readiness does not require a meeting with the student.
493          (d) An authorized online course provider may only reject a course credit
494     acknowledgment if:
495          (i) the student does not meet course prerequisites; or
496          (ii) the course is not open for enrollment.
497          (e) [A] Except as provided in Subsection (5), a primary LEA of enrollment or
498     authorized online course provider shall submit an acceptance or rejection of a course credit
499     acknowledgment to the state board within [72] 24 business hours of the receipt of a course
500     credit acknowledgment from the state board pursuant to Subsection (3)(b).
501          (f) If an authorized online course provider accepts a course credit acknowledgment, the
502     authorized online course provider shall forward to the primary LEA of enrollment the online
503     course start date as established under Section 53F-4-506.
504          (g) If an authorized online course provider rejects a course credit acknowledgment, the
505     authorized online course provider shall include an explanation which the state board shall
506     forward to the primary LEA of enrollment for the purpose of assisting a student with future
507     online course selection.
508          (h) [If] Except as provided in Subsection (5), if a primary LEA of enrollment does not
509     submit an acceptance or rejection of a course credit acknowledgment to the state board within
510     [72] 24 business hours of the receipt of a course credit acknowledgment from the state board
511     pursuant to Subsection (3)(b), the state board shall consider the course credit acknowledgment
512     accepted.
513          (i) (i) Upon acceptance of a course credit acknowledgment, the primary LEA of
514     enrollment shall notify the student of the acceptance and the start date for the online course as
515     established under Section 53F-4-506.
516          (ii) Upon rejection of a course credit acknowledgment, the primary LEA of enrollment
517     shall notify the student of the rejection and provide an explanation of the rejection.
518          [(j) If the online course student has an individual education plan (IEP) or 504
519     accommodations, the primary LEA of enrollment shall forward the IEP or description of 504
520     accommodations to the online course provider within 72 business hours after the primary LEA
521     of enrollment receives notice that the online course provider accepted the course credit
522     acknowledgment.]
523          (4) (a) A primary LEA of enrollment may not reject a course credit acknowledgment,
524     because the LEA is negotiating, or intends to negotiate, an online course fee with the
525     authorized online course provider pursuant to Subsection 53F-4-505(6).
526          (b) If a primary LEA of enrollment negotiates an online course fee with an authorized
527     online course provider before the start date of an online course, a course credit
528     acknowledgment may be amended to reflect the negotiated online course fee.
529          (5) A primary LEA of enrollment may intervene and reject a course credit
530     acknowledgment up to 72 business hours after the actual or constructive acceptance of a
531     course credit acknowledgment under Subsection (4), if the primary LEA of enrollment
532     determines the online course enrollment meets the criteria of Subsection (3)(c).
533          Section 10. Section 53F-4-509 is amended to read:
534          53F-4-509. Online course credit hours included in daily membership --
535     Limitation.
536          (1) Subject to Subsection (2), a student's primary LEA of enrollment shall include
537     online course credit hours in calculating daily membership.
538          (2) A student may not count as more than one FTE, unless the student intends to
539     complete high school graduation requirements, and exit high school, early, in accordance with
540     the student's plan for college and career readiness.
541          (3) A student who enrolls in an online course may not be counted in membership for a
542     released-time class, if counting the student in membership for a released-time class would
543     result in the student being counted as more than one FTE.
544          (4) Except as provided in Subsection (5), a student enrolled in an online course may
545     not earn [no] more credits in a year than the number of credits a student may earn in a year by
546     taking a full course load during the regular school day in the student's primary LEA of
547     enrollment.
548          (5) A student enrolled in an online course may earn more credits in a year than the
549     number of credits a student may earn in a year by taking a full course load during the regular
550     school day in the student's primary LEA of enrollment:
551          (a) if the student intends to complete high school graduation requirements, and exit
552     high school, early, in accordance with the student's plan for college and career readiness; or
553          (b) if allowed under [local school board or charter school governing board] an LEA
554     governing board policy.
555          Section 11. Section 53F-4-510 is amended to read:
556          53F-4-510. Administration of statewide assessments to students enrolled in online
557     courses.
558          (1) A student enrolled in an online course that is a course for which a statewide
559     assessment is administered under Title 53E, Chapter 4, Part 3, Assessments, shall take the
560     statewide assessment.
561          (2) (a) The state board shall make rules providing for the administration of a statewide
562     assessment to a student enrolled in an online course.
563          (b) Rules made under Subsection (2)(a) shall:
564          (i) provide for the administration of a statewide assessment upon a student completing
565     an online course; and
566          (ii) require an authorized online course provider to proctor the statewide assessment.
567          Section 12. Section 53F-4-511 is amended to read:
568          53F-4-511. Report on performance of authorized online course providers.
569          (1) The state board, in collaboration with authorized online course providers, shall
570     develop a report on the performance of authorized online course providers, which may be used
571     to evaluate the Statewide Online Education Program and assess the quality of an authorized
572     online course provider.
573          (2) A report on the performance of an authorized online course provider shall include:
574          (a) scores aggregated by test on statewide assessments administered under Title 53E,
575     Chapter 4, Part 3, Assessments, taken by students at the end of an online course offered
576     through the Statewide Online Education Program;
577          (b) the percentage of the authorized online course provider's students who complete
578     online courses within the applicable time period specified in Subsection 53F-4-505(4)(c);
579          (c) the percentage of the authorized online course provider's students who complete
580     online courses after the applicable time period specified in Subsection 53F-4-505(4)(c) and
581     before the student graduates from high school; and
582          (d) the pupil-teacher ratio for the combined online courses of the authorized online
583     course provider.
584          (3) The state board shall post a report on the performance of an authorized online
585     course provider on the Statewide Online Education Program's website described in Section
586     53F-4-512.
587          Section 13. Section 53F-4-512 is amended to read:
588          53F-4-512. Dissemination of information on the Statewide Online Education
589     Program.
590          (1) The state board shall develop a website for the Statewide Online Education
591     Program which shall include:
592          (a) a description of the Statewide Online Education Program, including its purposes;
593          (b) information on who is eligible to enroll, and how an eligible student may enroll, in
594     an online course;
595          (c) a directory of authorized online course providers;
596          (d) a link to a course catalog for each authorized online course provider; and
597          (e) a report on the performance of authorized online course providers as required by
598     Section 53F-4-511.
599          (2) An authorized online course provider shall provide the following information on
600     the authorized online course provider's website:
601          (a) a description of the Statewide Online Education Program, including its purposes;
602          (b) information on who is eligible to enroll, and how an eligible student may enroll, in
603     an online course;
604          (c) a course catalog;
605          (d) scores aggregated by test on statewide assessments administered under Title 53E,
606     Chapter 4, Part 3, Assessments, taken by students at the end of an online course offered
607     through the Statewide Online Education Program;
608          (e) the percentage of an authorized online course provider's students who complete
609     online courses within the applicable time period specified in Subsection 53F-4-505(4)(c);
610          (f) the percentage of an authorized online course provider's students who complete
611     online courses after the applicable time period specified in Subsection 53F-4-505(4)(c) and
612     before the student graduates from high school; and
613          (g) the authorized online [learning] course provider's pupil-teacher ratio for the online
614     courses combined.
615          Section 14. Section 53F-4-513 is amended to read:
616          53F-4-513. Time period to enroll in an online course.
617          (1) To provide an LEA and an authorized online course [providers] provider with
618     estimates of online course enrollment, a student should enroll in an online course, or declare an
619     intention to enroll in an online course:
620          (a) for a high school online course, during the time period the LEA designates for high
621     school course registration; or
622          (b) for a middle school online course, during the time period the LEA designates for
623     middle school course registration.
624          (2) Notwithstanding Subsection (1) and except as provided in Subsection (3), a student
625     may enroll in an online course at any time during a calendar year.
626          (3) (a) A student may alter a course schedule by dropping a traditional classroom
627     course and adding an online course consistent with course schedule alteration procedures
628     adopted by the student's primary LEA of enrollment.
629          (b) [A school district's or high school's] An LEA or school's deadline for dropping a
630     traditional classroom course and adding an online course shall be the same deadline for
631     dropping and adding a traditional classroom course.
632          Section 15. Section 53F-4-514 is amended to read:
633          53F-4-514. State board -- Rulemaking -- Fees.
634          (1) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
635     state board shall provide a delayed effective date that is after the school year has ended for a
636     change to an administrative rule related to the Statewide Online Education Program if the
637     change would require an authorized online course provider to make program changes during
638     the school year.
639          (2) The state board shall make rules in accordance with this part and Title 63G,
640     Chapter 3, Utah Administrative Rulemaking Act, that establish:
641          (a) a course credit acknowledgement form and procedures for completing and
642     submitting to the state board a course credit acknowledgement;
643          (b) procedures for the administration of a statewide assessment to a student enrolled in
644     an online course; and
645          (c) protocols for an online course provider to obtain approval to become a certified
646     online course provider, including:
647          (i) the application procedure for an online course provider to obtain approval to
648     become a certified online course provider; and
649          (ii) the standards that a certified online course provider and any online course the
650     certified online course provider offers shall meet;
651          (d) in accordance with Title 53E, Chapter 4, Academic Standards, Assessments, and
652     Materials, criteria for an authorized online course provider to submit for approval an online
653     course that does not have an existing state board course code;
654          (e) no later than July 1, 2024, a process within existing systems at the state board to
655     allow a certified online course provider access to an educator's licensing, endorsement,
656     certification, and assignment information if the educator is teaching an online course for the
657     certified online course provider;
658          (f) in consultation with the authorized online course providers, the parameters for
659     conducting a site visit including:
660          (i) a definition for the term site visit;
661          (ii) the minimum amount of time required for:
662          (A) notice to an authorized online course provider of a site visit; and
663          (B) an authorized online course provider to prepare for a site visit;
664          (iii) the documents, data, and artifacts subject to inspection during a site visit; and
665          (iv) a process to ensure a site visit allows for observation of instruction without
666     interfering with the instruction[.];
667          (g) annual mandatory training for relevant staff at a primary LEA that includes:
668          (i) program requirements for a primary LEA including reporting requirements and
669     methods;
670          (ii) uses of resources and tools to ensure adequate monitoring of an eligible student's
671     progress;
672          (iii) federal and state requirements for accommodating enrollments that involve special
673     education;
674          (iv) appropriate circumstances and methodologies for reducing an eligible student's
675     schedule; and
676          (v) other components the state board determines are necessary; and
677          (3) (a) When establishing the standards described in Subsection (2)(c)(ii) the state
678     board shall:
679          (i) establish rules and minimum standards regarding accreditation;
680          (ii) require an online course to be aligned with the core standards described in Section
681     53E-4-202;
682          (iii) require proof that a national organization responsible for college athletics
683     endorses:
684          (A) the certified online course provider; or
685          (B) the online course that a certified online course provider offers;
686          (iv) permit an open-entry, open-exit method of instructional delivery that allows a
687     student the flexibility to:
688          (A) schedule in response to individual needs or requirements;
689          (B) demonstrate competency when the student has mastered knowledge and skills;
690          (C) begin or end study at any time; and
691          (D) progress through course material at the student's own pace; and
692          (v) except as provided in Subsection [(4)] (5), require an individual who teaches a
693     course for a certified online course provider to hold a teaching license issued by the state board.
694          (b) When establishing the standards described in Subsection (2)(c)(ii), the state board
695     may not:
696          (i) specify a minimum duration for an online course;
697          (ii) specify a minimum amount of time that a student must spend in an online course;
698     or
699          (iii) limit the class size of an online course.
700          (4) No later than January 31, 2026, the state board shall create a communication
701     dashboard for the program that may include:
702          (a) a counselor contact list for an eligible student that is accessible to an authorized
703     online course provider; and
704          (b) progress monitoring fields that are accessible to the primary LEA, the eligible
705     student's counselor, and the eligible student's parent containing:
706          (i) grade progress reporting of an eligible student by an authorized online course
707     provider;
708          (ii) an ability to flag a student that is at-risk of failing an online course; and
709          (iii) other relevant capabilities the state board determines to be necessary in
710     consultation with LEA users of the dashboard.
711          [(4)] (5) If an individual possesses a provider-specific license described in Section
712     53E-6-201, the state board may not prohibit the individual from teaching an online course for
713     an authorized online course provider while the individual is in the process of obtaining an
714     endorsement or additional license issued by the state board.
715          [(5)] (6) The state board may establish a fee, in accordance with Section 63J-1-504, in
716     an amount to pay the costs to the state board of the application approval process and the
717     monitoring of a certified online course provider's compliance with the standards described in
718     Subsection (2)(c)(ii).
719          [(6)] (7) (a) Fee revenue collected in accordance with Subsection [(5)] (6) shall be:
720          (i) deposited into the Uniform School Fund as a dedicated credit; and
721          (ii) used to pay the costs to the state board of reviewing certified online course
722     providers' applications and compliance with the standards described in Subsection (2)(c)(ii).
723          Section 16. Section 53F-4-516 is amended to read:
724          53F-4-516. Report of noncompliance -- Action to ensure compliance.
725          (1) The state superintendent shall report to the state board any report of noncompliance
726     of this part made to a staff member of [the staff of] the state board.
727          (2) The state board shall take appropriate action to ensure compliance with this part.
728          Section 17. Section 53F-4-517 is amended to read:
729          53F-4-517. Agreements for online instruction.
730          (1) In addition to offering online courses to students through the [Statewide Online
731     Education Program] program, a school district or charter school may enter into an agreement
732     with another school district or charter school or a consortium of school districts or charter
733     schools to provide online instruction to the school district's or charter school's students.
734          (2) Online instruction offered pursuant to Subsection (1) is not subject to the
735     requirements of this part.
736          Section 18. Section 53F-4-518 is amended to read:
737          53F-4-518. Small school student access to college and career readiness courses.
738          Subject to legislative appropriations and Subsection 53F-4-514(2)(h), and
739     notwithstanding Subsections 53F-4-509(2) and (3), the state board shall:
740          (1) use funds from an appropriation for the Statewide Online Education Program to pay
741     for an online course fee described in Section 53F-4-505 for a student who is enrolled in a
742     public high school that enrolls fewer than 1,000 students; and
743          (2) after the funds described in Subsection (1) have been expended, make a deduction
744     as described in Subsection 53F-4-507(3).
745          Section 19. Effective date.
746          This bill takes effect on May 1, 2024.