Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 226 First Substitute (2021GS)

Sponsor

Sen. Johnson, J.

Final action

Governor Signed 3/22/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• allows a certified online course provider that the State Board of Education (the state board) approves to offer courses directly through the Statewide Online Education Program;
• establishes the requirements for the state board to approve certified online course providers;
• authorizes the state board to make rules related to approving certified online course providers; and
• authorizes the state board to set fees to cover the costs of regulating certified online course providers.

Every vote on this bill

Bill text

ONLINE EDUCATION PROGRAM REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John D. Johnson
House Sponsor: 
Ryan D. Wilcox
LONG TITLE
General Description:
This bill makes revisions related to online education.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows a certified online course provider that the State Board of Education (the state
board) approves to offer courses directly through the Statewide Online Education
Program;
▸ establishes the requirements for the state board to approve certified online course
providers;
▸ authorizes the state board to make rules related to approving certified online course
providers; and
▸ authorizes the state board to set fees to cover the costs of regulating certified online
course providers.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53F-4-501
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-504
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-514
, as last amended by Laws of Utah 2020, Chapter 408
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-4-501
 is amended to read:
53F-4-501.
Definitions.
As used in this part:
(1) (a) "Certified online course provider" means a provider that the state board
approves to offer courses through the Statewide Online Education Program.
(b) "Certified online course provider" does not include an entity described in
Subsections 
53F-4-504
(1)(a) through (c).
[
(1)
] 
(2)
 "Eligible student" means:
(a) a student enrolled in a district school or charter school in Utah; or
(b) [
beginning on July 1, 2013,
] a student:
(i) who attends a private school or home school; and
(ii) whose custodial parent is a resident of Utah.
[
(2)
] 
(3)
 "Online course" means a course of instruction offered by the Statewide Online
Education Program through the use of digital technology.
[
(3)
] 
(4)
 "Plan for college and career readiness" means the same as that term is defined
in Section 
53E-2-304
.
[
(4)
] 
(5)
 "Primary LEA of enrollment" means the LEA in which an eligible student is
enrolled for courses other than online courses offered through the Statewide Online Education
Program.
[
(5)
] 
(6)
 "Released-time" means a period of time during the regular school day a
student is excused from school at the request of the student's parent pursuant to rules of the
state board.
Section 2. Section 
53F-4-504
 is amended to read:
53F-4-504.
 Authorized online course providers -- Certified online course
providers.
(1)
 The following entities may offer online courses to eligible students through the
Statewide Online Education Program:
[
(1)
] 
(a)
 a charter school or district school created exclusively for the purpose of
serving students online;
[
(2)
] 
(b)
 an LEA program, approved by the LEA governing board, that is created
exclusively for the purpose of serving students online; [
and
]
[
(3)
] 
(c)
 a program of an institution of higher education listed in Section 
53B-2-101
that:
[
(a)
] 
(i)
 offers secondary school level courses; and
[
(b)
] 
(ii)
 is created exclusively for the purpose of serving students online[
.
]
; and
(d) beginning in the 2021-2022 school year, a certified online course provider.
(2) The state board shall approve an online course provider as a certified online course
provider if the online course provider:
(a) complies with the application procedures described in Section 
53F-4-514
;
(b) meets the standards described in Section 
53F-4-514
; and
(c) has prior experience offering online courses to secondary students.
(3) The state board may revoke the approval described in Subsection (2) if the state
board finds that a certified online course provider is not complying with the requirements
described in Section 
53F-4-514
.
Section 3. Section 
53F-4-514
 is amended to read:
53F-4-514.
State board -- Rulemaking -- Fees.
(1)
 The state board shall make rules in accordance with this part and Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that:
[
(1)
] 
(a)
 establish a course credit acknowledgement form and procedures for
completing and submitting to the state board a course credit acknowledgement; [
and
]
[
(2)
] 
(b)
 establish procedures for the administration of a statewide assessment to a
student enrolled in an online course[
.
]
; and
(c) establish protocols for an online course provider to obtain approval to become a
certified online course provider, including:
(i) the application procedure for an online course provider to obtain approval to
become a certified online course provider; and
(ii) the standards that a certified online course provider and any online course the
certified online course provider offers shall meet.
(2) (a) When establishing the standards described in Subsection (1)(c)(ii), the state
board shall:
(i) establish rules and minimum standards regarding accreditation;
(ii) require an online course to be aligned with the core standards described in Section
53E-4-202
;
(iii) require proof that a national organization responsible for college athletics
endorses:
(A) the certified online course provider; or
(B) the online course that a certified online course provider offers;
(iv) permit an open-entry, open-exit method of instructional delivery that allows a
student the flexibility to:
(A) schedule in response to individual needs or requirements;
(B) demonstrate competency when the student has mastered knowledge and skills;
(C) begin or end study at any time; and
(D) progress through course material at the student's own pace; and
(v) require an individual who teaches a course for a certified online course provider to
hold a teaching license issued by the state board.
(b) When establishing the standards described in Subsection (1)(c)(ii), the state board
may not:
(i) specify a minimum duration for an online course;
(ii) specify a minimum amount of time that a student must spend in an online course;
or
(iii) limit the class size of an online course.
(3) The state board may establish a fee, in accordance with Section 
63J-1-504
, in an
amount to pay the costs to the state board of the application approval process and the
monitoring of a certified online course provider's compliance with the standards described in
Subsection (1)(c)(ii).
(4) (a) Fee revenue collected in accordance with Subsection (3) shall be:
(b) deposited into the Uniform School Fund as a dedicated credit; and
(c) used to pay the costs to the state board of reviewing certified online course
providers' applications and compliance with the standards described in Subsection (1)(c)(ii).