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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 ▸ allows the State Board of Education to contract with a private entity to administer
24 the portion of the program designated for home and private school students and
25 amends provisions to accommodate the potential administration by a private entity;
26 ▸ requires a primary LEA to coordinate accommodations of a student's individualized
27 education plan or section 504 accommodation plan;
28 ▸ establishes a deadline to acknowledge a course enrollment;
29 ▸ requires certain coordination between a primary LEA and an authorized online
30 course provider; and
31 ▸ makes technical changes.
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 53E-3-518, as last amended by Laws of Utah 2023, Chapter 70
39 53F-4-501, as last amended by Laws of Utah 2023, Chapters 226, 368
40 53F-4-502, as last amended by Laws of Utah 2023, Chapter 368
41 53F-4-503, as last amended by Laws of Utah 2023, Chapters 226, 368
42 53F-4-504, as last amended by Laws of Utah 2023, Chapter 368
43 53F-4-505, as last amended by Laws of Utah 2023, Chapter 368
44 53F-4-506, as renumbered and amended by Laws of Utah 2018, Chapter 2
45 53F-4-507, as last amended by Laws of Utah 2023, Chapter 368
46 53F-4-508, as last amended by Laws of Utah 2019, Chapter 186
47 53F-4-509, as renumbered and amended by Laws of Utah 2018, Chapter 2
48 53F-4-510, as last amended by Laws of Utah 2019, Chapter 186
49 53F-4-511, as last amended by Laws of Utah 2019, Chapter 186
50 53F-4-512, as last amended by Laws of Utah 2019, Chapter 186
51 53F-4-513, as last amended by Laws of Utah 2021, Chapter 362
52 53F-4-514, as last amended by Laws of Utah 2023, Chapter 368
53 53F-4-516, as last amended by Laws of Utah 2019, Chapter 186
54 53F-4-517, as renumbered and amended by Laws of Utah 2018, Chapter 2
55 53F-4-518, as last amended by Laws of Utah 2023, Chapter 368
56
57 Be it enacted by the Legislature of the state of Utah:
58 Section 1. Section 53E-3-518 is amended to read:
59 53E-3-518. Utah school information management system -- Local education
60 agency requirements.
61 (1) As used in this section:
62 (a) "LEA data system" or "LEA's data system" means a data system that:
63 (i) is developed, selected, or relied upon by an LEA; and
64 (ii) the LEA uses to collect data or submit data to the state board related to:
65 (A) student information;
66 (B) educator information;
67 (C) financial information; or
68 (D) other information requested by the state board.
69 (b) "LEA financial information system" or "LEA's financial information system" means
70 an LEA data system used for financial information.
71 (c) "Parent" means the same as that term is defined in Section 53G-6-201.
72 (d) "Utah school information management system" or "information management
73 system" means the state board's data collection and reporting system described in this section.
74 (e) "User" means an individual who has authorized access to the information
75 management system.
76 (2) On or before July 1, 2024, the state board shall have in place an information
77 management system that meets the requirements described in this section.
78 (3) The state board shall ensure that the information management system:
79 (a) interfaces with an LEA's data systems that meet the requirements described in
80 Subsection [
81 (b) serves as the mechanism for the state board to collect and report on all data that
82 LEAs submit to the state board related to:
83 (i) student information;
84 (ii) educator information;
85 (iii) financial information; and
86 (iv) other information requested by the state board;
87 (c) includes a web-based user interface through which a user may:
88 (i) enter data;
89 (ii) view data; and
90 (iii) generate customizable reports;
91 (d) includes a data warehouse and other hardware or software necessary to store or
92 process data submitted by an LEA;
93 (e) provides for data privacy, including by complying with [
94
95 (f) restricts user access based on each user's role; and
96 (g) meets requirements related to a student achievement backpack described in Section
97 53E-3-511.
98 (4) On or before January 31, 2026, the state board shall:
99 (a) ensure the information management system described in this section allows for the
100 transfer of a student's transcript, current IEP, or Section 504 accommodation plan including the
101 tracking of necessary accommodations and services between:
102 (i) different LEA student information systems; and
103 (ii) an authorized online course provider and a primary LEA; and
104 (b) ensure the transfer capability described in Subsection (4)(a) is available for the
105 same use within the operating system the state board uses for the Statewide Online Education
106 Program described in Title 53F, Chapter 4, Part 5, Statewide Online Education Program.
107 [
108 Subsection (3)(f).
109 [
110 an LEA financial information system.
111 (b) In establishing the required capabilities for an LEA financial information system,
112 the state board shall consider metrics and capabilities requested by the state treasurer or state
113 auditor.
114 [
115 (i) all of the LEA's data systems:
116 (A) meet the data standards established by the state board in accordance with Section
117 53E-3-501;
118 (B) are fully compatible with the state board's information management system; and
119 (C) meet specification standards determined by the state board; and
120 (ii) the LEA's financial information system meets the requirements described in
121 Subsection [
122 (b) An LEA shall ensure that an LEA data system purchased or developed on or after
123 May 14, 2019, will be compatible with the information management system when the
124 information management system is fully operational.
125 [
126 may use an appropriation under this section to help an LEA meet the requirements in the rules
127 described in Subsection [
128 (i) providing to the LEA funding for implementation and sustainment of the LEA
129 financial information system, either through:
130 (A) awarding a grant to the LEA; or
131 (B) providing a reimbursement to the LEA; or
132 (ii) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a
133 financial information system on behalf of an LEA for the LEA to use as the LEA's financial
134 information system.
135 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
136 state board shall make rules describing:
137 (i) how an LEA may apply to the state board for the assistance described in Subsection
138 [
139 (ii) criteria for the state board to provide the assistance to an LEA.
140 [
141 that is out of compliance with a requirement described in Subsection [
142 complies with the requirement.
143 (b) An action described in Subsection [
144 withholding funds from the LEA.
145 [
146 same as that term is defined in 20 U.S.C. Sec. 1232g.
147 (b) The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
148 Administrative Rulemaking Act, establish a procedure under which:
149 (i) a parent may submit information as part of the education records for the parent's
150 student;
151 (ii) the information submitted by the parent is maintained as part of the education
152 records for the parent's student;
153 (iii) information submitted by the parent and maintained as part of the education
154 records for the parent's student may be removed at the request of the parent; and
155 (iv) a parent has access only to the education records of the parent's student in
156 accordance with Subsection [
157 (c) The rules made under this Subsection [
158 remove information submitted by the parent under this Subsection [
159 including at the time of:
160 (i) registering a student in a school; or
161 (ii) changing the school in which a student attends.
162 (d) Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec.
163 1232g, and related regulations, the state board shall provide a parent access to an education
164 record concerning the parent's student.
165 (e) The state board shall create in the information management system a record
166 tracking interoperability of education records described in this Subsection [
167 student is transitioning between schools or between LEAs.
168 Section 2. Section 53F-4-501 is amended to read:
169 53F-4-501. Definitions.
170 As used in this part:
171 (1) "Authorized online course provider" means the entities listed in Subsection
172 53F-4-504(1).
173 (2) (a) "Certified online course provider" means a provider that the state board
174 approves to offer courses through the Statewide Online Education Program.
175 (b) "Certified online course provider" does not include an entity described in
176 Subsections 53F-4-504(1)(a) through (c).
177 (3) "Credit" means credit for a high school course, or the equivalent for a middle
178 school course, as determined by the state board.
179 (4) "Eligible student" means a student:
180 (a) who intends to take a course for middle school or high school credit; and
181 (b) (i) who is enrolled in an LEA in Utah; or
182 (ii) (A) who attends a private school or home school; and
183 (B) whose custodial parent is a resident of Utah.
184 (5) "High school" means grade 9, 10, 11, or 12.
185 (6) "Middle school" means, only for purposes of student eligibility to participate in the
186 Statewide Online Education Program, grade 6, 7, or 8.
187 (7) "Online course" means a course of instruction offered by the Statewide Online
188 Education Program through the use of digital technology, regardless of whether the student
189 participates in the course at home, at school, at another location, or any combination of these.
190 (8) "Plan for college and career readiness" means the same as that term is defined in
191 Section 53E-2-304.
192 (9) "Primary LEA of enrollment" or "primary LEA" means the LEA in which an
193 eligible student is enrolled for courses other than online courses offered through the Statewide
194 Online Education Program.
195 (10) "Released-time" means a period of time during the regular school day a student is
196 excused from school at the request of the student's parent pursuant to rules of the state board.
197 (11) "State board's contractor" means the private entity described in Section 53F-4-503
198 with which the state board contracts to administer the portion of the Statewide Online
199 Education Program designated for a student who attends private school or home school.
200 Section 3. Section 53F-4-502 is amended to read:
201 53F-4-502. Statewide Online Education Program created -- Designated as
202 program of the public education system -- Purposes.
203 (1) The Statewide Online Education Program is created to enable an eligible student to,
204 through the completion of publicly funded online courses:
205 (a) earn college credit by July 1, 2025;
206 [
207 [
208 (2) Pursuant to Utah Constitution, Article X, Section 2, the Statewide Online
209 Education Program is designated as a program of the public education system.
210 (3) The purposes of the Statewide Online Education Program are to:
211 (a) provide a student with access to online learning options regardless of where the
212 student attends school, whether a public, private, or home school;
213 (b) provide digital learning options for a student regardless of language, residence,
214 family income, or special needs;
215 (c) provide online learning options to allow a student to acquire the knowledge and
216 technology skills necessary in a digital world;
217 (d) utilize the power and scalability of technology to customize education so that a
218 student may learn in the student's own style preference and at the student's own pace;
219 (e) utilize technology to remove the constraints of traditional classroom learning,
220 allowing a student to access learning virtually at any time and in any place and giving the
221 student the flexibility to take advantage of the student's peak learning time;
222 (f) provide personalized learning, where a student can spend as little or as much time
223 as the student needs to master the material;
224 (g) provide greater access to self-paced programs enabling a high achieving student to
225 accelerate academically, while a struggling student may have additional time and help to gain
226 competency;
227 (h) allow a student to customize the student's schedule to better meet the student's
228 academic goals;
229 (i) provide quality learning options to better prepare a student for post-secondary
230 education [
231 (j) allow a student to have an individualized educational experience.
232 (4) The program name, "Statewide Online Education Program," shall be used in the
233 dissemination of information on the program.
234 Section 4. Section 53F-4-503 is amended to read:
235 53F-4-503. Option to enroll in online courses offered through the Statewide
236 Online Education Program.
237 (1) Subject to Subsections [
238 student, with the advice of a school counselor at a student's primary LEA, an eligible student
239 may enroll in an online course offered through the Statewide Online Education Program if:
240 (a) the student meets the course prerequisites;
241 (b) the course is open for enrollment; and
242 (c) the online course is aligned with the student's plan for college and career
243 readiness[
244 [
245
246 [
247
248 (2) An eligible student may enroll in online courses [
249 six credits per school year.
250 (3) Notwithstanding Subsection (2):
251 (a) a student's primary LEA of enrollment may allow an eligible student to enroll in
252 online courses for more than the number of credits specified in Subsection (2); or
253 (b) upon the request of an eligible student, the state board or, in relation to a student
254 who attends a private school or home school, the state board's contractor, may allow the student
255 to enroll in online courses for more than the number of credits specified in Subsection (2), if
256 the online courses better meet the academic goals of the student.
257 (4) An eligible student's primary LEA of enrollment:
258 (a) in conjunction with the student and the student's parent, is responsible for preparing
259 and implementing a plan for college and career readiness for the eligible student, as provided in
260 Section 53E-2-304; and
261 (b) shall assist an eligible student in scheduling courses in accordance with the
262 student's plan for college and career readiness, graduation requirements, and the student's
263 post-secondary plans.
264 (5) An eligible student's primary LEA of enrollment may not:
265 (a) impose restrictions on a student's selection of an online course that fulfills
266 graduation requirements and is consistent with the student's plan for college and career
267 readiness or post-secondary plans; or
268 (b) give preference to an online course or authorized online course provider.
269 (6) The state board, or, in relation to a student who attends a private school or home
270 school, the state board's contractor, including an employee of the state board or the state board's
271 contractor, may not give preference to an online course or authorized online course provider.
272 (7) (a) Except as provided in Subsection (7)(b), a person may not provide an
273 inducement or incentive to a public school student to participate in the Statewide Online
274 Education Program.
275 (b) For purposes of Subsection (7)(a):
276 (i) "Inducement or incentive" does not mean:
277 (A) instructional materials or software necessary to take an online course; or
278 (B) access to a computer or digital learning device for the purpose of taking an online
279 course.
280 (ii) "Person" does not include a relative of the public school student.
281 (8) The state board shall coordinate with the Utah System of Higher Education to study
282 funding structures and access barriers related to concurrent enrollment for the Statewide Online
283 Education Program and provide recommendations to the Education Interim Committee no later
284 than the November 2024 meeting.
285 (9) Subject to legislative appropriations and for an eligible student who is enrolled at a
286 public school, the state board shall provide Statewide Online Education Program academic
287 counseling that:
288 (a) may advise an eligible student or an eligible student's parent regarding an online
289 course enrollment including how an online course relates to graduation requirements described
290 in Section 53E-4-204 and administrative rule;
291 (b) provides the training described in Section 53F-4-514;
292 (c) provides technical support to an LEA, school-based counselor, eligible student, or
293 eligible student's parent;
294 (d) assists in gathering information, reports, and data an LEA requests; and
295 (e) directs an eligible student or an eligible student's parent to a school-specific
296 counselor for advice regarding an online course enrollment in relation to an LEA, or
297 school-specific graduation requirement and all other counseling services.
298 (10) If an eligible student has an IEP or Section 504 accommodation plan:
299 (a) the eligible student's primary LEA:
300 (i) shall:
301 (A) forward a copy of the relevant portions of the eligible student's existing IEP or
302 Section 504 accommodation plan to the authorized online course provider in accordance with
303 federal law and guidelines; and
304 (B) ensure the authorized online course provider is provided an eligible student's
305 updated IEP when revisions are made;
306 (ii) may:
307 (A) ensure the eligible student's IEP team and the authorized online course provider
308 review a course enrollment for compliance with requirements described in Subsection (1); and
309 (B) as needed, coordinate additional IEP team reviews with the authorized online
310 course provider to ensure appropriate services, supports, and accommodations are in place for
311 the eligible student; and
312 (b) the authorized online course provider:
313 (i) shall implement an eligible student's IEP or section 504 accommodation plan; and
314 (ii) may seek assistance from the primary LEA to implement an eligible student's IEP
315 or section 504 accommodation plan.
316 (11) The state board shall create a model cooperative agreement between a primary
317 LEA and an authorized online course provider for use when the primary LEA determines that
318 an authorized online course provider would best provide IEP services, including a requirement
319 that a requirement that the eligible student's primary LEA provide funding for the IEP services.
320 (12) If the program lacks sufficient legislative appropriations to fund the enrollment in
321 online courses for all eligible students who do not have a primary LEA of enrollment, the state
322 board or, in relation to a student who attends a private school or home school, the state board's
323 contractor, shall prioritize funding the enrollment of an eligible student who intends to graduate
324 from high school during the school year in which the student enrolls in an online course.
325 (13) No later than April 1, 2025, and in accordance with Title 63G, Chapter 6a, Utah
326 Procurement Code, the state board shall use funds the state board expends to administer to the
327 Statewide Online Education Program to students who attend private school or home school to
328 alternatively contract with a private entity:
329 (a) that has demonstrated an expertise or ability to administer a statewide program to
330 deliver education services to students who attend private school or home school; and
331 (b) to administer the portion of the Statewide Online Education Program that is
332 designated for students who attend private school or home school, including providing an
333 enrollment platform or tool separate from the enrollment tool or platform the state board
334 provides for the program.
335 (14) The state board's contractor described in Subsection (13) may use a percentage of
336 the appropriation for home school and private school students that is equal to the proportion of
337 the state board's administrative cost in relation to the appropriation for students enrolled in an
338 LEA.
339 Section 5. Section 53F-4-504 is amended to read:
340 53F-4-504. Authorized online course providers -- Certified online course
341 providers.
342 (1) The following entities are known as an authorized online course provider and may
343 offer online courses to eligible students through the Statewide Online Education Program:
344 (a) [
345 the purpose of serving students online;
346 (b) an LEA program, approved by the LEA governing board, that is created exclusively
347 for the purpose of serving students online;
348 (c) a program of an institution of higher education listed in Section 53B-2-101 that:
349 (i) offers secondary school level courses; and
350 (ii) is created exclusively for the purpose of serving students online; and
351 (d) a certified online course provider.
352 (2) The state board shall approve an online course provider as a certified online course
353 provider if the online course provider:
354 (a) complies with the application procedures described in Section 53F-4-514;
355 (b) meets the standards described in Section 53F-4-514; and
356 (c) has prior experience offering online courses to secondary students.
357 (3) The state board may revoke the approval described in Subsection (2) if the state
358 board:
359 (a) finds that a certified online course provider is not complying with the requirements
360 described in Section 53F-4-514;
361 (b) provides written notice describing the findings of non-compliance to the certified
362 online course provider;
363 (c) provides the certified online course provider with at least 60 days to remedy the
364 findings of non-compliance;
365 (d) reevaluates the findings of non-compliance at least 60 days after the certified online
366 course provider's remedy period described in Subsection (3)(c); and
367 (e) finds after reevaluation that the certified online course provider has failed to
368 satisfactorily remedy the findings of non-compliance.
369 Section 6. Section 53F-4-505 is amended to read:
370 53F-4-505. Payment for an online course.
371 (1) For the 2012-13 school year, the fee for a .5 credit online course or .5 credit of a 1
372 credit online course is:
373 (a) $200 for the following courses, except a concurrent enrollment course:
374 (i) financial literacy;
375 (ii) health;
376 (iii) fitness for life; and
377 (iv) computer literacy;
378 (b) $200 for driver education;
379 (c) $250 for a course that meets core standards for Utah public schools in fine arts or
380 career and technical education, except a concurrent enrollment course;
381 (d) $300 for the following courses:
382 (i) a course that meets core standards for Utah public schools requirements in social
383 studies, except a concurrent enrollment course; and
384 (ii) a world language course, except a concurrent enrollment course;
385 (e) $350 for the following courses:
386 (i) a course that meets core standards for Utah public schools requirements for
387 language arts, mathematics, or science; and
388 (ii) a concurrent enrollment course; and
389 (f) $250 for a course not described in Subsections (1)(a) through (e).
390 (2) If a course meets the requirements of more than one course fee category described
391 in Subsection (1), the course fee shall be the lowest of the applicable course fee categories.
392 (3) The online course fees described in Subsection (1) shall be adjusted each school
393 year in accordance with the percentage change in value of the weighted pupil unit from the
394 previous school year.
395 (4) An authorized online course provider shall receive payment for an online course as
396 follows:
397 (a) for a .5 credit online course, 50% of the online course fee after the withdrawal
398 period described in Section 53F-4-506;
399 (b) for a 1 credit online course, 25% of the online course fee after the withdrawal
400 period described in Section 53F-4-506 and 25% of the online course fee upon the beginning of
401 the second .5 credit of the online course; and
402 (c) if a student completes a 1 credit online course within 12 months or a .5 credit
403 course within nine weeks following the end of a traditional semester, 50% of the online course
404 fee.
405 (5) (a) If a student fails to complete a 1 credit course within 12 months or a .5 credit
406 course within nine weeks following the end of a traditional semester, the student may continue
407 to be enrolled in the course until the student graduates from high school.
408 (b) To encourage an authorized online course provider to provide remediation to a
409 student who remains enrolled in an online course pursuant to Subsection (5)(a) and avoid the
410 need for credit recovery, an authorized online course provider shall receive a payment equal to
411 30% of the online course fee if the student completes the online course:
412 (i) for a high school online course, before the student graduates from high school; or
413 (ii) for a middle school online course, before the student completes middle school.
414 (6) Notwithstanding the online course fees prescribed in Subsections (1) through (3), a
415 school district or charter school may:
416 (a) negotiate a fee with an authorized online course provider for an amount up to the
417 amount prescribed in Subsections (1) through (3); and
418 (b) pay the negotiated fee instead of the fee prescribed in Subsections (1) through (3).
419 (7) An authorized online course provider who contracts with a vendor for the
420 acquisition of online course content or online course instruction may negotiate the payment for
421 the vendor's service independent of the fees specified in Subsections (1) through (3).
422 (8) The state board or, in relation to a student who attends a private school or home
423 school, the state board's contractor, may not remove a student from an online course if the
424 student is eligible for continued enrollment in the online course under Subsection (5).
425 (9) Upon request by a primary LEA, the state board shall provide an itemized report to
426 the primary LEA showing the deduction described in Subsection 53F-4-508(2) by student and
427 course enrolled.
428 Section 7. Section 53F-4-506 is amended to read:
429 53F-4-506. Withdrawal from an online course.
430 (1) An authorized online course provider shall establish a start date for an online
431 course, including a start date for the second .5 credit of a 1 credit online course.
432 (2) Except as provided in Subsection (3), a student may withdraw from an online
433 course:
434 (a) within 20 school calendar days of the start date, if the student enrolls in an online
435 course on or before the start date established pursuant to Subsection (1); or
436 (b) within 20 school calendar days of enrolling in the online course, if the student
437 enrolls in an online course after the start date established pursuant to Subsection (1).
438 (3) (a) A student may withdraw from a 1 credit online course within 20 school calendar
439 days of the start date of the second .5 credit of the online course.
440 (b) An authorized online course provider shall refund a payment received for the
441 second .5 credit of an online course if a student withdraws from the online course pursuant to
442 Subsection (3)(a).
443 (c) If a student withdraws from a 1 credit online course as provided in Subsection
444 (3)(a), the authorized online course provider shall receive payment for the student's completion
445 of .5 credit of the 1 credit course in the same manner as an authorized online course provider
446 receives payment for a student's completion of a .5 credit online course as described in
447 Subsection 53F-4-505(4).
448 Section 8. Section 53F-4-507 is amended to read:
449 53F-4-507. Direction to deduct funds and make payments -- Plan for the payment
450 of online courses taken by private and home school students.
451 (1) (a) Subject to future budget constraints, the Legislature shall adjust the
452 appropriation for the Statewide Online Education Program based on:
453 [
454 enrolled in the Statewide Online Education Program; and
455 [
456 (b) The state board shall, if the state board contracts with a private entity under
457 Subsection 53F-4-503(9), delegate to the state board's contractor the management of the funds
458 appropriated for the Statewide Online Education Program for students who attend private
459 school or home school.
460 (2) Notwithstanding Subsection (1) and subject to future budget constraints, the
461 Legislature shall:
462 (a) consider enrollment projections provided by the authorized online course providers
463 to account for enrollment growth during the appropriations process;
464 (b) provide a supplemental appropriation to adequately fund the Statewide Online
465 Education Program when the enrollment amount exceeds the projected enrollment amounts
466 provided by the authorized online course providers; and
467 (c) in the fiscal year beginning July 1, 2025, keep all other appropriations for the
468 Statewide Online Education Program separate from the appropriations described in Section
469 53F-4-518.
470 (3) (a) The state board shall deduct money from funds allocated to the student's
471 primary LEA of enrollment under Chapter 2, State Funding -- Minimum School Program, to
472 pay for online course fees.
473 (b) Money shall be deducted under Subsection (3)(a) in the amount and at the time an
474 authorized online course provider qualifies to receive payment for an online course provided to
475 a public education student, not to exceed 90 days after qualification, as provided in Subsection
476 53F-4-505(4).
477 (c) [
478 attends a private school or home school, the state board's contractor, shall deduct money from
479 funds allocated for course fees for a private school or home school student in the amount and at
480 the time an authorized online course provider qualifies to receive payment for an online course,
481 not to exceed 90 days after qualification.
482 (4) From money deducted under Subsection (3), the state board or, in relation to a
483 student who attends a private school or home school, the state board's contractor, shall make
484 payments to the student's authorized online course provider as provided in Section 53F-4-505.
485 [
486
487 Section 9. Section 53F-4-508 is amended to read:
488 53F-4-508. Course credit acknowledgment.
489 (1) A student's primary LEA of enrollment and the student's authorized online course
490 provider shall:
491 (a) enter into a course credit acknowledgment in which the primary LEA of enrollment
492 and the authorized online course provider acknowledge that the authorized online course
493 provider is responsible for the instruction of the student in a specified online course[
494 (b) agree upon a process to provide the primary LEA with the ability to ensure
495 consistency of a course request with a student's:
496 (i) IEP or Section 504 accommodation plan;
497 (ii) graduation requirements; and
498 (iii) schedule, if applicable.
499 (2) The terms of the course credit acknowledgment shall provide that:
500 (a) the authorized online course provider shall receive a payment in the amount
501 provided under Section 53F-4-505; and
502 (b) the student's primary LEA of enrollment acknowledges that the state board will
503 deduct funds allocated to the LEA under Chapter 2, State Funding -- Minimum School
504 Program, in the amount and at the time the authorized online course provider qualifies to
505 receive payment for the online course as provided in Subsection 53F-4-505(4).
506 (3) (a) A course credit acknowledgment may originate with either an authorized online
507 course provider or primary LEA of enrollment.
508 (b) The originating entity shall submit the course credit acknowledgment to the state
509 board who shall forward it to the primary LEA of enrollment for course selection verification
510 or the authorized online course provider for acceptance.
511 (c) (i) A primary LEA of enrollment may only reject a course credit acknowledgment
512 if:
513 (A) the online course is not aligned with the student's plan for college and career
514 readiness; or
515 [
516
517 [
518
519 [
520 year as provided in Section 53F-4-503.
521 (ii) Verification of alignment of an online course with a student's plan for college and
522 career readiness does not require a meeting with the student.
523 (d) An authorized online course provider may only reject a course credit
524 acknowledgment if:
525 (i) the student does not meet course prerequisites; or
526 (ii) the course is not open for enrollment.
527 (e) [
528 authorized online course provider shall submit an acceptance or rejection of a course credit
529 acknowledgment to the state board within [
530 credit acknowledgment from the state board pursuant to Subsection (3)(b).
531 (f) If an authorized online course provider accepts a course credit acknowledgment, the
532 authorized online course provider shall forward to the primary LEA of enrollment the online
533 course start date as established under Section 53F-4-506.
534 (g) If an authorized online course provider rejects a course credit acknowledgment, the
535 authorized online course provider shall include an explanation which the state board shall
536 forward to the primary LEA of enrollment for the purpose of assisting a student with future
537 online course selection.
538 (h) [
539 submit an acceptance or rejection of a course credit acknowledgment to the state board within
540 [
541 pursuant to Subsection (3)(b), the state board shall consider the course credit acknowledgment
542 accepted.
543 (i) (i) Upon acceptance of a course credit acknowledgment, the primary LEA of
544 enrollment shall notify the student of the acceptance and the start date for the online course as
545 established under Section 53F-4-506.
546 (ii) Upon rejection of a course credit acknowledgment, the primary LEA of enrollment
547 shall notify the student of the rejection and provide an explanation of the rejection.
548 [
549
550
551
552
553 (4) (a) A primary LEA of enrollment may not reject a course credit acknowledgment,
554 because the LEA is negotiating, or intends to negotiate, an online course fee with the
555 authorized online course provider pursuant to Subsection 53F-4-505(6).
556 (b) If a primary LEA of enrollment negotiates an online course fee with an authorized
557 online course provider before the start date of an online course, a course credit
558 acknowledgment may be amended to reflect the negotiated online course fee.
559 (5) A primary LEA of enrollment may intervene and reject a course credit
560 acknowledgment up to 72 business hours after the actual or constructive acceptance of a
561 course credit acknowledgment under Subsection (4), if the primary LEA of enrollment
562 determines the online course enrollment meets the criteria of Subsection (3)(c).
563 Section 10. Section 53F-4-509 is amended to read:
564 53F-4-509. Online course credit hours included in daily membership --
565 Limitation.
566 (1) Subject to Subsection (2), a student's primary LEA of enrollment shall include
567 online course credit hours in calculating daily membership.
568 (2) A student may not count as more than one FTE, unless the student intends to
569 complete high school graduation requirements, and exit high school, early, in accordance with
570 the student's plan for college and career readiness.
571 (3) A student who enrolls in an online course may not be counted in membership for a
572 released-time class, if counting the student in membership for a released-time class would
573 result in the student being counted as more than one FTE.
574 (4) Except as provided in Subsection (5), a student enrolled in an online course may
575 not earn [
576 taking a full course load during the regular school day in the student's primary LEA of
577 enrollment.
578 (5) A student enrolled in an online course may earn more credits in a year than the
579 number of credits a student may earn in a year by taking a full course load during the regular
580 school day in the student's primary LEA of enrollment:
581 (a) if the student intends to complete high school graduation requirements, and exit
582 high school, early, in accordance with the student's plan for college and career readiness; or
583 (b) if allowed under [
584 governing board policy.
585 Section 11. Section 53F-4-510 is amended to read:
586 53F-4-510. Administration of statewide assessments to students enrolled in online
587 courses.
588 (1) A student enrolled in an online course that is a course for which a statewide
589 assessment is administered under Title 53E, Chapter 4, Part 3, Assessments, shall take the
590 statewide assessment.
591 (2) (a) The state board shall make rules providing for the administration of a statewide
592 assessment to a student enrolled in an online course.
593 (b) Rules made under Subsection (2)(a) shall:
594 (i) provide for the administration of a statewide assessment upon a student completing
595 an online course; and
596 (ii) require an authorized online course provider to proctor the statewide assessment.
597 Section 12. Section 53F-4-511 is amended to read:
598 53F-4-511. Report on performance of authorized online course providers.
599 (1) The state board, in collaboration with authorized online course providers and, if
600 applicable, the state board's contractor, shall develop a report on the performance of authorized
601 online course providers, which may be used to evaluate the Statewide Online Education
602 Program and assess the quality of an authorized online course provider.
603 (2) A report on the performance of an authorized online course provider shall include:
604 (a) scores aggregated by test on statewide assessments administered under Title 53E,
605 Chapter 4, Part 3, Assessments, taken by students at the end of an online course offered
606 through the Statewide Online Education Program;
607 (b) the percentage of the authorized online course provider's students who complete
608 online courses within the applicable time period specified in Subsection 53F-4-505(4)(c);
609 (c) the percentage of the authorized online course provider's students who complete
610 online courses after the applicable time period specified in Subsection 53F-4-505(4)(c) and
611 before the student graduates from high school; and
612 (d) the pupil-teacher ratio for the combined online courses of the authorized online
613 course provider.
614 (3) The state board shall post a report on the performance of an authorized online
615 course provider on the Statewide Online Education Program's website described in Section
616 53F-4-512.
617 Section 13. Section 53F-4-512 is amended to read:
618 53F-4-512. Dissemination of information on the Statewide Online Education
619 Program.
620 (1) The state board shall develop a website for the Statewide Online Education
621 Program which shall include:
622 (a) a description of the Statewide Online Education Program, including its purposes;
623 (b) notwithstanding Subsection (2), information on who is eligible to enroll, and how
624 an eligible student may enroll, in an online course;
625 (c) a directory of authorized online course providers;
626 (d) a link to a course catalog for each authorized online course provider; and
627 (e) a report on the performance of authorized online course providers as required by
628 Section 53F-4-511.
629 (2) An authorized online course provider shall provide the following information on
630 the authorized online course provider's website:
631 (a) a description of the Statewide Online Education Program, including its purposes;
632 (b) information on who is eligible to enroll, and how an eligible student may enroll, in
633 an online course;
634 (c) a course catalog;
635 (d) scores aggregated by test on statewide assessments administered under Title 53E,
636 Chapter 4, Part 3, Assessments, taken by students at the end of an online course offered
637 through the Statewide Online Education Program;
638 (e) the percentage of an authorized online course provider's students who complete
639 online courses within the applicable time period specified in Subsection 53F-4-505(4)(c);
640 (f) the percentage of an authorized online course provider's students who complete
641 online courses after the applicable time period specified in Subsection 53F-4-505(4)(c) and
642 before the student graduates from high school; and
643 (g) the authorized online [
644 courses combined.
645 (3) The state board's contractor shall provide on the contractor's website information
646 regarding enrollment and participation by a private school or home school student through the
647 contractor.
648 Section 14. Section 53F-4-513 is amended to read:
649 53F-4-513. Time period to enroll in an online course.
650 (1) To provide an LEA and an authorized online course [
651 estimates of online course enrollment, a student should enroll in an online course, or declare an
652 intention to enroll in an online course:
653 (a) for a high school online course, during the time period the LEA designates for high
654 school course registration; or
655 (b) for a middle school online course, during the time period the LEA designates for
656 middle school course registration.
657 (2) Notwithstanding Subsection (1) and except as provided in Subsection (3), a student
658 may enroll in an online course at any time during a calendar year.
659 (3) (a) A student may alter a course schedule by dropping a traditional classroom
660 course and adding an online course consistent with course schedule alteration procedures
661 adopted by the student's primary LEA of enrollment.
662 (b) [
663 traditional classroom course and adding an online course shall be the same deadline for
664 dropping and adding a traditional classroom course.
665 Section 15. Section 53F-4-514 is amended to read:
666 53F-4-514. State board -- Rulemaking -- Fees.
667 (1) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
668 state board shall provide a delayed effective date that is after the school year has ended for a
669 change to an administrative rule related to the Statewide Online Education Program if the
670 change would require an authorized online course provider to make program changes during
671 the school year.
672 (2) The state board shall make rules in accordance with this part and Title 63G,
673 Chapter 3, Utah Administrative Rulemaking Act, that establish:
674 (a) a course credit acknowledgement form and procedures for completing and
675 submitting to the state board or, in relation to a student who attends a private school or home
676 school, the state board's contractor, a course credit acknowledgement;
677 (b) procedures for the administration of a statewide assessment to a student enrolled in
678 an online course; and
679 (c) protocols for an online course provider to obtain approval to become a certified
680 online course provider, including:
681 (i) the application procedure for an online course provider to obtain approval to
682 become a certified online course provider; and
683 (ii) the standards that a certified online course provider and any online course the
684 certified online course provider offers shall meet;
685 (d) in accordance with Title 53E, Chapter 4, Academic Standards, Assessments, and
686 Materials, criteria for an authorized online course provider to submit for approval an online
687 course that does not have an existing state board course code;
688 (e) no later than July 1, 2024, a process within existing systems at the state board or, in
689 relation to a student who attends a private school or home school, the state board's contractor,
690 to allow a certified online course provider access to an educator's licensing, endorsement,
691 certification, and assignment information if the educator is teaching an online course for the
692 certified online course provider;
693 (f) in consultation with the authorized online course providers, the parameters for
694 conducting a site visit including:
695 (i) a definition for the term site visit;
696 (ii) the minimum amount of time required for:
697 (A) notice to an authorized online course provider of a site visit; and
698 (B) an authorized online course provider to prepare for a site visit;
699 (iii) the documents, data, and artifacts subject to inspection during a site visit; and
700 (iv) a process to ensure a site visit allows for observation of instruction without
701 interfering with the instruction[
702 (g) annual mandatory training for relevant staff at a primary LEA that includes:
703 (i) program requirements for a primary LEA including reporting requirements and
704 methods;
705 (ii) uses of resources and tools to ensure adequate monitoring of an eligible student's
706 progress;
707 (iii) federal and state requirements for accommodating enrollments that involve special
708 education;
709 (iv) appropriate circumstances and methodologies for reducing an eligible student's
710 schedule; and
711 (v) other components the state board determines are necessary; and
712 (3) (a) When establishing the standards described in Subsection (2)(c)(ii) the state
713 board shall:
714 (i) establish rules and minimum standards regarding accreditation;
715 (ii) require an online course to be aligned with the core standards described in Section
716 53E-4-202;
717 (iii) require proof that a national organization responsible for college athletics
718 endorses:
719 (A) the certified online course provider; or
720 (B) the online course that a certified online course provider offers;
721 (iv) permit an open-entry, open-exit method of instructional delivery that allows a
722 student the flexibility to:
723 (A) schedule in response to individual needs or requirements;
724 (B) demonstrate competency when the student has mastered knowledge and skills;
725 (C) begin or end study at any time; and
726 (D) progress through course material at the student's own pace; and
727 (v) except as provided in Subsection [
728 course for a certified online course provider to hold a teaching license issued by the state board.
729 (b) When establishing the standards described in Subsection (2)(c)(ii), the state board
730 may not:
731 (i) specify a minimum duration for an online course;
732 (ii) specify a minimum amount of time that a student must spend in an online course;
733 or
734 (iii) limit the class size of an online course.
735 (4) No later than January 31, 2026, the state board shall create a communication
736 dashboard for the program and only related to eligible students enrolled in a public school that
737 may include:
738 (a) a counselor contact list for an eligible student that is accessible to an authorized
739 online course provider; and
740 (b) progress monitoring fields that are accessible to the primary LEA, the eligible
741 student's counselor, and the eligible student's parent containing:
742 (i) grade progress reporting of an eligible student by an authorized online course
743 provider;
744 (ii) an ability to flag a student that is at-risk of failing an online course; and
745 (iii) other relevant capabilities the state board determines to be necessary in
746 consultation with LEA users of the dashboard.
747 [
748 53E-6-201, the state board may not prohibit the individual from teaching an online course for
749 an authorized online course provider while the individual is in the process of obtaining an
750 endorsement or additional license issued by the state board.
751 [
752 an amount to pay the costs to the state board of the application approval process and the
753 monitoring of a certified online course provider's compliance with the standards described in
754 Subsection (2)(c)(ii).
755 [
756 (i) deposited into the Uniform School Fund as a dedicated credit; and
757 (ii) used to pay the costs to the state board of reviewing certified online course
758 providers' applications and compliance with the standards described in Subsection (2)(c)(ii).
759 Section 16. Section 53F-4-516 is amended to read:
760 53F-4-516. Report of noncompliance -- Action to ensure compliance.
761 (1) The state superintendent shall report to the state board any report of noncompliance
762 of this part made to a staff member of [
763 who attends a private school or home school, the state board's contractor.
764 (2) The state board and, if applicable, the state board's contractor, shall take appropriate
765 action to ensure compliance with this part.
766 Section 17. Section 53F-4-517 is amended to read:
767 53F-4-517. Agreements for online instruction.
768 (1) In addition to offering online courses to students through the [
769
770 with another school district or charter school or a consortium of school districts or charter
771 schools to provide online instruction to the school district's or charter school's students.
772 (2) Online instruction offered pursuant to Subsection (1) is not subject to the
773 requirements of this part.
774 Section 18. Section 53F-4-518 is amended to read:
775 53F-4-518. Small school student access to college and career readiness courses.
776 Subject to legislative appropriations and Subsection 53F-4-514(2)(h), and
777 notwithstanding Subsections 53F-4-509(2) and (3), the state board shall:
778 (1) use funds from an appropriation for the Statewide Online Education Program to pay
779 for an online course fee described in Section 53F-4-505 for a student who is enrolled in a
780 public high school that enrolls fewer than 1,000 students; and
781 (2) after the funds described in Subsection (1) have been expended, make a deduction
782 as described in Subsection 53F-4-507(3).
783 Section 19. Effective date.
784 This bill takes effect on May 1, 2024.