Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 417 First Substitute (2022GS)

Sponsor

Rep. Birkeland, K.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that the State Board of Education use an appropriation to the Statewide Online Education Program to pay for a student's online course instead of deducting funds from a student's primary local education agency of enrollment under certain conditions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ONLINE COURSE ACCESS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kera Birkeland
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill provides an exception to the requirement that the State Board of Education
deduct money from a student's primary local education agency to pay fees for a course
in which the student enrolls through the Statewide Online Education Program.
Highlighted Provisions:
This bill:
▸ provides that the State Board of Education use an appropriation to the Statewide
Online Education Program to pay for a student's online course instead of deducting
funds from a student's primary local education agency of enrollment under certain
conditions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53F-4-507
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-508
, as last amended by Laws of Utah 2019, Chapter 186
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-4-507
 is amended to read:
53F-4-507.
State board to deduct funds and make payments -- Plan for the
payment of online courses taken by private and home school students.
(1) [
For a fiscal year that begins on or after July 1, 2018, and subject
] 
Subject
 to future
budget constraints, the Legislature shall adjust the appropriation for the Statewide Online
Education Program based on:
(a) the anticipated increase of eligible home school and private school students
enrolled in the Statewide Online Education Program; and
(b) the value of the weighted pupil unit.
(2) (a) [
The
] 
Except as provided in Subsection (3), the
 state board shall deduct money
from funds allocated to the student's primary LEA of enrollment under Chapter 2, State
Funding -- Minimum School Program , to pay for online course fees.
(b) [
Money shall be deducted
] 
The state board shall deduct money
 under Subsection
(2)
(a)
 in the amount and at the time an online course provider qualifies to receive payment for
an online course as provided in Subsection 
53F-4-505
(4).
[
(3)
] 
(c)
 From money deducted under Subsection (2)
(a) or described in Subsection (3)
,
the state board shall make payments to the student's online course provider as provided in
Section 
53F-4-505
.
(3) Subject to legislative appropriations, and notwithstanding Subsections
53F-4-509
(2) and (3), the state board shall use an appropriation for the Statewide Online
Education Program to pay for an online course fee described in Section 
53F-4-505
 for a student
who is enrolled in a public high school that enrolls fewer than 1,000 students.
(4) The Legislature shall establish a plan[
, which shall take effect beginning on July 1,
2013,
] for the payment of online courses taken by a private school or home school student.
Section 2. Section 
53F-4-508
 is amended to read:
53F-4-508.
Course credit acknowledgment.
(1) A student's primary LEA of enrollment and the student's online course provider
shall enter into a course credit acknowledgment in which the primary LEA of enrollment and
the online course provider acknowledge that the online course provider is responsible for the
instruction of the student in a specified online course.
(2) The terms of the course credit acknowledgment shall provide that:
(a) the online course provider shall receive a payment in the amount provided under
Section 
53F-4-505
; and
(b) the student's primary LEA of enrollment acknowledges that the state board will
deduct funds allocated to the LEA under Chapter 2, State Funding -- Minimum School
Program , 
in accordance with Section 
53F-4-507
,
 in the amount and at the time the online
course provider qualifies to receive payment for the online course as provided in Subsection
53F-4-505
(4).
(3) (a) A course credit acknowledgment may originate with either an online course
provider or primary LEA of enrollment.
(b) The originating entity shall submit the course credit acknowledgment to the state
board who shall forward it to the primary LEA of enrollment for course selection verification
or the online course provider for acceptance.
(c) (i) A primary LEA of enrollment may only reject a course credit acknowledgment
if:
(A) the online course is not aligned with the student's plan for college and career
readiness;
(B) the online course is not consistent with the student's IEP, if the student has an IEP;
(C) the online course is not consistent with the student's [
international baccalaureate
]
International Baccalaureate
 program, if the student participates in an [
international
baccalaureate
] 
International Baccalaureate
 program; or
(D) the number of online course credits exceeds the maximum allowed for the year as
provided in Section 
53F-4-503
.
(ii) Verification of alignment of an online course with a student's plan for college and
career readiness does not require a meeting with the student.
(d) An online course provider may only reject a course credit acknowledgment if:
(i) the student does not meet course prerequisites; or
(ii) the course is not open for enrollment.
(e) A primary LEA of enrollment or online course provider shall submit an acceptance
or rejection of a course credit acknowledgment to the state board within 72 business hours of
the receipt of a course credit acknowledgment from the state board pursuant to Subsection
(3)(b).
(f) If an online course provider accepts a course credit acknowledgment, the online
course provider shall forward to the primary LEA of enrollment the online course start date as
established under Section 
53F-4-506
.
(g) If an online course provider rejects a course credit acknowledgment, the online
course provider shall include an explanation which the state board shall forward to the primary
LEA of enrollment for the purpose of assisting a student with future online course selection.
(h) If a primary LEA of enrollment does not submit an acceptance or rejection of a
course credit acknowledgment to the state board within 72 business hours of the receipt of a
course credit acknowledgment from the state board pursuant to Subsection (3)(b), the state
board shall consider the course credit acknowledgment accepted.
(i) (i) Upon acceptance of a course credit acknowledgment, the primary LEA of
enrollment shall notify the student of the acceptance and the start date for the online course as
established under Section 
53F-4-506
.
(ii) Upon rejection of a course credit acknowledgment, the primary LEA of enrollment
shall notify the student of the rejection and provide an explanation of the rejection.
(j) If the online course student has an individual education plan (IEP) or 504
accommodations, the primary LEA of enrollment shall forward the IEP or description of 504
accommodations to the online course provider within 72 business hours after the primary LEA
of enrollment receives notice that the online course provider accepted the course credit
acknowledgment.
(4) (a) A primary LEA of enrollment may not reject a course credit acknowledgment,
because the LEA is negotiating, or intends to negotiate, an online course fee with the online
course provider pursuant to Subsection 
53F-4-505
(6).
(b) If a primary LEA of enrollment negotiates an online course fee with an online
course provider before the start date of an online course, a course credit acknowledgment may
be amended to reflect the negotiated online course fee.
Section 3. 
Effective date.
This bill takes effect on May 4, 2022.