Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 167 Third Substitute (2023GS)

Sponsor

Sen. Cullimore, K. A.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the state board to provide longer notice periods for changes to the approval process for a certified online course provider;
• prohibits the state board from unenrolling a student under certain circumstances;
• establishes a deadline for making a payment to an authorized online course provider;
• establishes requirements for calculating a projected legislative appropriation for enrollment of students in the SOEP;
• requires the state board to create approval processes for new course offerings by an authorized online course provider;
• imposes requirements on the state board for conducting certain site visits;
• requires the state board to create a process to allow an individual to teach for an authorized online course provider while the individual is in the process of obtaining an approved license; and
• makes technical changes.

Every vote on this bill

Bill text

STATEWIDE ONLINE EDUCATION PROGRAM
MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions of the Statewide Online Education Program (SOEP).
Highlighted Provisions:
This bill:
▸ requires the state board to provide longer notice periods for changes to the approval
process for a certified online course provider;
▸ prohibits the state board from unenrolling a student under certain circumstances;
▸ establishes a deadline for making a payment to an authorized online course
provider;
▸ establishes requirements for calculating a projected legislative appropriation for
enrollment of students in the SOEP;
▸ requires the state board to create approval processes for new course offerings by an
authorized online course provider;
▸ imposes requirements on the state board for conducting certain site visits;
▸ requires the state board to create a process to allow an individual to teach for an
authorized online course provider while the individual is in the process of obtaining
an approved license; and
▸ makes technical changes.
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 2021, Chapters 362, 413
53F-4-502
, as last amended by Laws of Utah 2021, Chapter 362
53F-4-503
, as last amended by Laws of Utah 2021, Chapter 362
53F-4-504
, as last amended by Laws of Utah 2021, Chapter 413
53F-4-505
, as last amended by Laws of Utah 2021, Chapter 362
53F-4-507
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-514
, as last amended by Laws of Utah 2021, Chapter 413
REPEALS:
53F-4-515
, as renumbered and amended by Laws of Utah 2018, Chapter 2
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) "Authorized online course provider" means the entities listed in Subsection
53F-4-504
(1).
[
(1)
] 
(2)
 (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).
[
(2)
] 
(3)
 "Credit" means credit for a high school course, or the equivalent for a middle
school course, as determined by the state board.
[
(3)
] 
(4)
 "Eligible student" means a student:
(a) who intends to take a course for middle school or high school credit; and
(b) (i) who is enrolled in a district school or charter school in Utah; or
(ii) (A) who attends a private school or home school; and
(B) whose custodial parent is a resident of Utah.
[
(4)
] 
(5)
 "High school" means grade 9, 10, 11, or 12.
[
(5)
] 
(6)
 "Middle school" means grade 7 or 8.
[
(6)
] 
(7)
 "Online course" means a course of instruction offered by the Statewide Online
Education Program through the use of digital technology
, regardless of whether the student
participates in the course at home, at a school, at another location, or any combination of these
.
(8) "Open-entry, open-exit" means a method of instructional delivery for an online
course that allows:
(a) for flexible scheduling in response to a student's needs; and
(b) a student the flexibility to begin or end study at any time, progress through course
material at the student's own pace, not subject to any student participation requirement, and
demonstrate competency when the student masters the knowledge and skills taught in the
course.
[
(7)
] 
(9)
 "Plan for college and career readiness" means the same as that term is defined
in Section 
53E-2-304
.
[
(8)
] 
(10)
 "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.
[
(9)
] 
(11)
 "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-4-502
 is amended to read:
53F-4-502.
Statewide Online Education Program created -- Designated as
program of the public education system -- Purposes.
(1) The Statewide Online Education Program is created to enable an eligible student to,
through the completion of publicly funded online courses:
(a) earn high school graduation credit; or
(b) earn middle school credit.
(2) Pursuant to Utah Constitution, Article X, Section 2, the Statewide Online
Education Program is designated as a program of the public education system.
(3) The purposes of [
an online school
] 
the Statewide Online Education Program
 are to:
(a) provide a student with access to online learning options regardless of where the
student attends school, whether a public, private, or home school;
(b) provide [
high quality
] 
digital
 learning options for a student regardless of language,
residence, family income, or special needs;
(c) provide online learning options to allow a student to acquire the knowledge and
technology skills necessary in a digital world;
(d) utilize the power and scalability of technology to customize education so that a
student may learn in the student's own style preference and at the student's own pace;
(e) utilize technology to remove the constraints of traditional classroom learning,
allowing a student to access learning virtually at any time and in any place and giving the
student the flexibility to take advantage of the student's peak learning time;
(f) provide personalized learning, where a student can spend as little or as much time
as the student needs to master the material;
(g) provide greater access to self-paced programs enabling a high achieving student to
accelerate academically, while a struggling student may have additional time and help to gain
competency;
(h) allow a student to customize the student's schedule to better meet the student's
academic goals;
(i) provide quality learning options to better prepare a student for post-secondary
education and vocational or career opportunities; and
(j) allow a student to have an individualized educational experience.
[
(4) The program created under this part shall be known as the "Statewide Online
Education Program."
]
[
(5)
] 
(4)
 The program name, "Statewide Online Education Program," shall be used in
the dissemination of information on the program.
Section 3. Section 
53F-4-503
 is amended to read:
53F-4-503.
Option to enroll in online courses offered through the Statewide
Online Education Program.
(1) Subject to Subsections (2), (3), and (9), an eligible student may enroll in an online
course offered through the Statewide Online Education Program if:
(a) the student meets the course prerequisites;
(b) the course is open for enrollment;
(c) the online course is aligned with the student's plan for college and career readiness;
(d) the online course is consistent with the student's IEP, if the student has an IEP; and
(e) the online course is consistent with the student's international baccalaureate
program, if the student is participating in an international baccalaureate program.
(2) (a) Except as provided in Subsection (2)(b), an eligible student may enroll in online
courses for no more than six credits per school year.
(b) An eligible student may enroll in an online course for middle school credit for no
more than two credits per school year if the eligible student:
(i) does not have a primary LEA of enrollment; and
(ii) is enrolled in a private school.
(3) (a) An eligible student who has a primary LEA of enrollment may enroll in an
online course for middle school credit [
beginning January 1, 2022
].
(b) An eligible student who does not have a primary LEA of enrollment may enroll in
an online course for middle school credit [
beginning in the 2022-2023 school year
].
(4) Notwithstanding Subsection (2):
(a) a student's primary LEA of enrollment may allow an eligible student to enroll in
online courses for more than the number of credits specified in Subsection (2); or
(b) upon the request of an eligible student, the state board may allow the student to
enroll in online courses for more than the number of credits specified in Subsection (2), if the
online courses better meet the academic goals of the student.
(5) An eligible student's primary LEA of enrollment:
(a) in conjunction with the student and the student's parent, is responsible for preparing
and implementing a plan for college and career readiness for the eligible student, as provided in
Section 
53E-2-304
; and
(b) shall assist an eligible student in scheduling courses in accordance with the
student's plan for college and career readiness, graduation requirements, and the student's
post-secondary plans.
(6) An eligible student's primary LEA of enrollment may not:
(a) impose restrictions on a student's selection of an online course that fulfills
graduation requirements and is consistent with the student's plan for college and career
readiness or post-secondary plans; or
(b) give preference to an online course or 
authorized
 online course provider.
(7) The state board, including an employee of the state board, may not give preference
to an online course or 
authorized
 online course provider.
(8) (a) Except as provided in Subsection (8)(b), a person may not provide an
inducement or incentive to a public school student to participate in the Statewide Online
Education Program.
(b) For purposes of Subsection (8)(a):
(i) "Inducement or incentive" does not mean:
(A) instructional materials or software necessary to take an online course; or
(B) access to a computer or digital learning device for the purpose of taking an online
course.
(ii) "Person" does not include a relative of the public school student.
(9) If the program lacks sufficient legislative appropriations to fund the enrollment in
online courses for all eligible students who do not have a primary LEA of enrollment, the state
board shall prioritize funding the enrollment of an eligible student who intends to graduate
from high school during the school year in which the student enrolls in an online course.
Section 4. 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:
(a) a charter school or district school created exclusively for the purpose of serving
students online;
(b) an LEA program, approved by the LEA governing board, that is created exclusively
for the purpose of serving students online;
(c) a program of an institution of higher education listed in Section 
53B-2-101
 that:
(i) offers secondary school level courses; and
(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
:
(a)
 finds that a certified online course provider is not complying with the requirements
described in Section 
53F-4-514
[
.
]
;
(b) provides written notice describing the findings of non-compliance to the certified
online course provider;
(c) provides the certified online course provider with at least 90 days to remedy the
findings of non-compliance;
(d) reevaluates the findings of non-compliance at least 90 days after the certified online
course provider's remedy period described in Subsection (3)(c); and
(e) finds after reevaluation that the certified online course provider has failed to
satisfactorily remedy the findings of non-compliance.
(4) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall provide a delayed effective date that is after the school year has ended for a
change to an administrative rule related to the Statewide Online Education Program if the
change would require an authorized online course provider to make program changes during
the school year.
Section 5. Section 
53F-4-505
 is amended to read:
53F-4-505.
Payment for an online course.
(1) For the 2012-13 school year, the fee for a .5 credit online course or .5 credit of a 1
credit online course is:
(a) $200 for the following courses, except a concurrent enrollment course:
(i) financial literacy;
(ii) health;
(iii) fitness for life; and
(iv) computer literacy;
(b) $200 for driver education;
(c) $250 for a course that meets core standards for Utah public schools in fine arts or
career and technical education, except a concurrent enrollment course;
(d) $300 for the following courses:
(i) a course that meets core standards for Utah public schools requirements in social
studies, except a concurrent enrollment course; and
(ii) a world language course, except a concurrent enrollment course;
(e) $350 for the following courses:
(i) a course that meets core standards for Utah public schools requirements for
language arts, mathematics, or science; and
(ii) a concurrent enrollment course; and
(f) $250 for a course not described in Subsections (1)(a) through (e).
(2) If a course meets the requirements of more than one course fee category described
in Subsection (1), the course fee shall be the lowest of the applicable course fee categories.
(3) [
Beginning with the 2013-14 school year, the
] 
The
 online course fees described in
Subsection (1) shall be adjusted each school year in accordance with the percentage change in
value of the weighted pupil unit from the previous school year.
(4) An online learning provider shall receive payment for an online course as follows:
(a) for a .5 credit online course, 50% of the online course fee after the withdrawal
period described in Section 
53F-4-506
;
(b) for a 1 credit online course, 25% of the online course fee after the withdrawal
period described in Section 
53F-4-506
 and 25% of the online course fee upon the beginning of
the second .5 credit of the online course; and
(c) if a student completes a 1 credit online course within 12 months or a .5 credit
course within nine weeks following the end of a traditional semester, 50% of the online course
fee.
(5) (a) If a student fails to complete a 1 credit course within 12 months or a .5 credit
course within nine weeks following the end of a traditional semester, the student may continue
to be enrolled in the course until the student graduates from high school.
(b) To encourage an 
authorized
 online course provider to provide remediation to a
student who remains enrolled in an online course pursuant to Subsection (5)(a) and avoid the
need for credit recovery, an 
authorized
 online course provider shall receive a payment equal to
30% of the online course fee if the student completes the online course:
(i) for a high school online course, before the student graduates from high school; or
(ii) for a middle school online course, before the student completes middle school.
(6) Notwithstanding the online course fees prescribed in Subsections (1) through (3), a
school district or charter school may:
(a) negotiate a fee with an 
authorized
 online course provider for an amount up to the
amount prescribed in Subsections (1) through (3); and
(b) pay the negotiated fee instead of the fee prescribed in Subsections (1) through (3).
(7) An 
authorized
 online course provider who contracts with a vendor for the
acquisition of online course content or online course instruction may negotiate the payment for
the vendor's service independent of the fees specified in Subsections (1) through (3).
(8) The state board may not remove a student from an online course if the student is
eligible for continued enrollment in the online course under Subsection (5).
Section 6. 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) Notwithstanding Subsection (1) and subject to future budget constraints, the
Legislature shall:
(a) consider enrollment projections provided by the authorized online course providers
to account for enrollment growth during the appropriations process; and
(b) provide a supplemental appropriation to adequately fund the Statewide Online
Education Program when the enrollment amount exceeds the projected enrollment amounts
provided by the authorized online course providers.
[
(2)
] 
(3)
 (a) 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 under Subsection [
(2)
] 
(3)
 in the amount and at the time
an 
authorized
 online course provider qualifies to receive payment for an online course 
provided
to a public education student, not to exceed 90 days after qualification,
 as provided in
Subsection 
53F-4-505
(4).
(c) Beginning July 1, 2023, the state board shall deduct money from funds allocated for
course fees for a private school or home school student in the amount and at the time an
authorized online course provider qualifies to receive payment for an online course, not to
exceed 90 days after qualification.
[
(3)
] 
(4)
 From money deducted under Subsection [
(2)
] 
(3)
, the state board shall make
payments to the student's 
authorized
 online course provider as provided in Section 
53F-4-505
.
[
(4)
] 
(5)
 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 7. 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 
establish
:
(a) [
establish
] a course credit acknowledgement form and procedures for completing
and submitting to the state board a course credit acknowledgement;
(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[
.
]
;
(d) a process to allow an authorized online course provider described in Subsection
53F-4-504
(1) to submit a new online course that does not have an existing state board course
code for approval by the state board;
(e) no later than July 1, 2024, a process within existing systems at the state board to
allow a certified online course provider access to an educator's licensing, endorsement,
certification, and assignment information if the educator is teaching an online course for the
certified online course provider;
(f) a process for an authorized online course provider that:
(i) allows an individual to teach an online course while the individual is in the process
of obtaining a license or endorsement approved by the state board;
(ii) is no more stringent than the process allowed for an LEA; and
(iii) allows a certified online provider licensing options including:
(A) contracting with a license granting organization, approved by the state board, that
is not an LEA;
(B) partnering with an LEA in utilizing the LEA's existing state-board-approved
licensing process; or
(C) designing a local certification and endorsement process in cooperation with and
approved by the state board; and
(g) in consultation with the authorized online course providers, the parameters for
conducting a site visit including:
(i) a definition for the term site visit;
(ii) the minimum amount of time required for:
(A) notice to an authorized online course provider of a site visit; and
(B) an authorized online course provider to prepare for a site visit;
(iii) the documents, data, and artifacts subject to inspection during a site visit; and
(iv) a process to ensure a site visit does not interfere with student instruction.
(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) 
except as provided in Subsection (3),
 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 not prohibit an individual from teaching an online course for
an authorized online course provider while the individual is in the process of obtaining a
license or endorsement issued by the state board.
[
(3)
] 
(4)
 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)
] 
(5)
 (a) Fee revenue collected in accordance with Subsection [
(3)
] 
(4)
 shall be:
[
(b)
] 
(i)
 deposited into the Uniform School Fund as a dedicated credit; and
[
(c)
] 
(ii)
 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).
Section 8. 
Repealer.
This bill repeals:
Section 
53F-4-515
,
Review by legislative auditor general.