Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 247 Fourth Substitute (2024GS)

Sponsor

Rep. Johnson, D.N.

Final action

House/ enrolled bill to Printing 3/14/2024

Outcome

House/ enrolled bill to Printing

Summary

What it does

• This bill:
• requires the Utah State Board of Education to:
• update operating systems to allow for transfer of student information with the program;
• dedicate staff to offer technical support for the program;
• create a model cooperative agreement between a primary local education agency and an authorized online provider;
• provide certain itemized reports to a primary LEA;
• create a mandatory training for certain LEA staff about the program;
• create a communication dashboard; and
• collaborate with the Utah System of Higher Education to offer online concurrent enrollment options including within the program;
• requires a primary LEA to coordinate accommodations of a student's individualized education plan or section 504 accommodation plan;
• establishes a deadline to acknowledge a course enrollment;
• requires certain coordination between a primary LEA and an authorized online course provider; and
• makes technical changes.

Every vote on this bill

Bill text

STATEWIDE ONLINE EDUCATION PROGRAM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Dan N. Johnson
Senate Sponsor: 
 Ann Millner
LONG TITLE
General Description:
This bill amends the Statewide Online Education Program (the program).
Highlighted Provisions:
This bill:
▸ requires the Utah State Board of Education to:
• update operating systems to allow for transfer of student information with the
program;
• dedicate staff to offer technical support for the program;
• create a model cooperative agreement between a primary local education agency
and an authorized online provider;
• provide certain itemized reports to a primary LEA;
• create a mandatory training for certain LEA staff about the program;
• create a communication dashboard; and
• collaborate with the Utah System of Higher Education to offer online concurrent
enrollment options including within the program;
▸ requires a primary LEA to coordinate accommodations of a student's individualized
education plan or section 504 accommodation plan;
▸ establishes a deadline to acknowledge a course enrollment;
▸ requires certain coordination between a primary LEA and an authorized online
course provider; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-3-518
, as last amended by Laws of Utah 2023, Chapter 70
53E-10-302
, as last amended by Laws of Utah 2023, Chapter 172
53F-4-501
, as last amended by Laws of Utah 2023, Chapters 226, 368
53F-4-502
, as last amended by Laws of Utah 2023, Chapter 368
53F-4-503
, as last amended by Laws of Utah 2023, Chapters 226, 368
53F-4-504
, as last amended by Laws of Utah 2023, Chapter 368
53F-4-505
, as last amended by Laws of Utah 2023, Chapter 368
53F-4-506
, as renumbered and amended by Laws of Utah 2018, Chapter 2
53F-4-507
, as last amended by Laws of Utah 2023, Chapter 368
53F-4-508
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-509
, as renumbered and amended by Laws of Utah 2018, Chapter 2
53F-4-510
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-511
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-512
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-513
, as last amended by Laws of Utah 2021, Chapter 362
53F-4-514
, as last amended by Laws of Utah 2023, Chapter 368
53F-4-516
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-517
, as renumbered and amended by Laws of Utah 2018, Chapter 2
53F-4-518
, as last amended by Laws of Utah 2023, Chapter 368
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-3-518
 is amended to read:
53E-3-518.
Utah school information management system -- Local education
agency requirements.
(1) As used in this section:
(a) "LEA data system" or "LEA's data system" means a data system that:
(i) is developed, selected, or relied upon by an LEA; and
(ii) the LEA uses to collect data or submit data to the state board related to:
(A) student information;
(B) educator information;
(C) financial information; or
(D) other information requested by the state board.
(b) "LEA financial information system" or "LEA's financial information system" means
an LEA data system used for financial information.
(c) "Parent" means the same as that term is defined in Section 
53G-6-201
.
(d) "Utah school information management system" or "information management
system" means the state board's data collection and reporting system described in this section.
(e) "User" means an individual who has authorized access to the information
management system.
(2) On or before July 1, 2024, the state board shall have in place an information
management system that meets the requirements described in this section.
(3) The state board shall ensure that the information management system:
(a) interfaces with an LEA's data systems that meet the requirements described in
Subsection [
(6);
] 
(7);
(b) serves as the mechanism for the state board to collect and report on all data that
LEAs submit to the state board related to:
(i) student information;
(ii) educator information;
(iii) financial information; and
(iv) other information requested by the state board;
(c) includes a web-based user interface through which a user may:
(i) enter data;
(ii) view data; and
(iii) generate customizable reports;
(d) includes a data warehouse and other hardware or software necessary to store or
process data submitted by an LEA;
(e) provides for data privacy, including by complying with [
Title 53E, Chapter 9,
Student Privacy and Data Protection
] 
Chapter 9, Student Privacy and Data Protection
;
(f) restricts user access based on each user's role; and
(g) meets requirements related to a student achievement backpack described in Section
53E-3-511
.
(4) On or before January 31, 2026, the state board shall:
(a) ensure the information management system described in this section allows for the
transfer of a student's transcript, current IEP, or Section 504 accommodation plan including the
tracking of necessary accommodations and services between:
(i) different LEA student information systems; and
(ii) an authorized online course provider and a primary LEA; and
(b) ensure the transfer capability described in Subsection (4)(a) is available for the
same use within the operating system the state board uses for the Statewide Online Education
Program described in Title 53F, Chapter 4, Part 5, Statewide Online Education Program.
[
(4)
] 
(5)
 The state board shall establish the restrictions on user access described in
Subsection (3)(f).
[
(5)
] 
(6)
 (a) The state board shall make rules that establish the required capabilities for
an LEA financial information system.
(b) In establishing the required capabilities for an LEA financial information system,
the state board shall consider metrics and capabilities requested by the state treasurer or state
auditor.
[
(6)
] 
(7)
 (a) On or before July 1, 2024, an LEA shall ensure that:
(i) all of the LEA's data systems:
(A) meet the data standards established by the state board in accordance with Section
53E-3-501
;
(B) are fully compatible with the state board's information management system; and
(C) meet specification standards determined by the state board; and
(ii) the LEA's financial information system meets the requirements described in
Subsection [
(5).
] 
(6).
(b) An LEA shall ensure that an LEA data system purchased or developed on or after
May 14, 2019, will be compatible with the information management system when the
information management system is fully operational.
[
(7)
] 
(8)
 (a) Subject to appropriations and Subsection [
(7)(b)
] 
(8)(b)
, the state board
may use an appropriation under this section to help an LEA meet the requirements in the rules
described in Subsection [
(5)
] 
(6)
 by:
(i) providing to the LEA funding for implementation and sustainment of the LEA
financial information system, either through:
(A) awarding a grant to the LEA; or
(B) providing a reimbursement to the LEA; or
(ii) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a
financial information system on behalf of an LEA for the LEA to use as the LEA's financial
information system.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules describing:
(i) how an LEA may apply to the state board for the assistance described in Subsection
[
(7)(a)
] 
(8)(a)
; and
(ii) criteria for the state board to provide the assistance to an LEA.
[
(8)
] 
(9)
 (a) Beginning July 1, 2024, the state board may take action against an LEA
that is out of compliance with a requirement described in Subsection [
(6)
] 
(7)
 until the LEA
complies with the requirement.
(b) An action described in Subsection [
(8)(a)
] 
(9)(a)
 may include the state board
withholding funds from the LEA.
[
(9)
] 
(10)
 (a) For purposes of this Subsection [
(9)
] 
(10)
, "education record" means the
same as that term is defined in 20 U.S.C. Sec. 1232g.
(b) The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establish a procedure under which:
(i) a parent may submit information as part of the education records for the parent's
student;
(ii) the information submitted by the parent is maintained as part of the education
records for the parent's student;
(iii) information submitted by the parent and maintained as part of the education
records for the parent's student may be removed at the request of the parent; and
(iv) a parent has access only to the education records of the parent's student in
accordance with Subsection [
(9)(d).
] 
(10)(d).
(c) The rules made under this Subsection [
(9)
] 
(10)
 shall allow a parent to submit or
remove information submitted by the parent under this Subsection [
(9)
] 
(10)
 at least annually,
including at the time of:
(i) registering a student in a school; or
(ii) changing the school in which a student attends.
(d) Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec.
1232g, and related regulations, the state board shall provide a parent access to an education
record concerning the parent's student.
(e) The state board shall create in the information management system a record
tracking interoperability of education records described in this Subsection [
(9)
] 
(10)
 when a
student is transitioning between schools or between LEAs.
Section 2. Section 
53E-10-302
 is amended to read:
53E-10-302.
Concurrent enrollment program.
(1) The state board and the Utah Board of Higher Education shall establish and
maintain a concurrent enrollment program that:
(a) provides an eligible student the opportunity to enroll in a course that allows the
eligible student to earn credit concurrently:
(i) toward high school graduation; and
(ii) at an institution of higher education;
(b) includes only a course that:
(i) leads to a degree or certificate offered by an institution of higher education; and
(ii) is one of the following:
(A) a general education course;
(B) a career and technical education course;
(C) a pre-major college level course;
(D) a foreign language concurrent enrollment course described in Section 
53E-10-307
;
or
(E) an upper divisions course that the Utah Board of Higher Education approves under
Subsection (3);
(c) requires that the instructor of a concurrent enrollment course is an eligible
instructor; and
(d) is designed and implemented to take full advantage of the most current available
education technology.
(2) The state board and the Utah Board of Higher Education shall coordinate to:
(a) establish a concurrent enrollment course approval process that ensures:
(i) credit awarded for concurrent enrollment is consistent and transferable to all
institutions of higher education; and
(ii) learning outcomes for a concurrent enrollment course align with:
(A) core standards for Utah public schools adopted by the state board; and
(B) except for a foreign language concurrent enrollment course described in Section
53E-10-307
 or an upper division course that the Utah Board of Higher Education approves
under Subsection (3), an institution of higher education lower division course numbered at or
above the 1000 level; [
and
]
(b) provide advising to an eligible student, including information on:
(i) general education requirements at institutions of higher education; and
(ii) how to choose concurrent enrollment courses to avoid duplication or excess credit
hours[
.
]
; and
(c) no later than July 1, 2025, offer an online concurrent enrollment option including:
(i) no later than the November 2024 interim meeting, recommendations to the
Education Interim Committee about funding structures of online concurrent enrollment courses
including those offered through the Statewide Online Education Program;
(ii) allowing a student to be enrolled through multiple LEAs for access to any online
concurrent enrollment course including those offered through the Statewide Online Education
Program; and
(iii) additional requirements necessary to ensure a student has optimal access to
concurrent enrollment options online.
(3) The Utah Board of Higher Education, after consulting with the state board, shall
annually approve a prioritized list of upper division courses for which an institution of higher
education may use concurrent enrollment money.
(4) After consultation with institution of higher education concurrent enrollment
directors, the Utah Board of Higher Education shall:
(a) provide guidelines to an institution of higher education for establishing qualifying
academic criteria for an eligible student to enroll in a concurrent enrollment course; and
(b) establish a policy that:
(i) determines which concurrent enrollment courses are career and technical education
courses; and
(ii) creates a process for:
(A) an LEA to appeal an institution of higher education's decision under Subsection (7)
if the institution of higher education does not approve an LEA employee as an eligible
instructor; and
(B) an LEA or institution of higher education to determine whether an eligible
instructor who previously taught a concurrent enrollment course is no longer qualified to teach
the concurrent enrollment course.
(5) To qualify for funds under Section 
53F-2-409
, an LEA and an institution of higher
education shall:
(a) enter into a contract, in accordance with Section 
53E-10-303
, to provide one or
more concurrent enrollment courses that are approved under the course approval process
described in Subsection (2);
(b) ensure that an instructor who teaches a concurrent enrollment course is an eligible
instructor;
(c) establish qualifying academic criteria for an eligible student to enroll in a
concurrent enrollment course, in accordance with the guidelines described in Subsection (4)(a);
(d) ensure that a student who enrolls in a concurrent enrollment course is an eligible
student; and
(e) coordinate advising to eligible students.
(6) (a) An institution of higher education faculty member is an eligible instructor.
(b) An LEA employee is an eligible instructor if the LEA employee:
(i) is licensed under Chapter 6, Education Professional Licensure;
(ii) is supervised by an institution of higher education; and
(iii) (A) as described in Subsection (7), is approved as an eligible instructor by the
institution of higher education that provides the concurrent enrollment course taught by the
LEA employee;
(B) has an upper level mathematics credential issued by the state board;
(C) is approved as adjunct faculty by the institution of higher education that provides
the concurrent enrollment course taught by the LEA employee; or
(D) teaches a concurrent enrollment course that the LEA employee taught during the
2018 -2019 or 2019 -2020 school year.
(7) An institution of higher education shall approve an LEA employee as an eligible
instructor:
(a) for a career and technical education concurrent enrollment course, if the LEA
employee has:
(i) a degree, certificate, or industry certification in the concurrent enrollment course's
academic field; or
(ii) qualifying experience, as determined by the institution of higher education; or
(b) for a concurrent enrollment course other than a career and technical education
course, if the LEA employee has:
(i) a master's degree or higher in the concurrent enrollment course's academic field;
(ii) (A) a master's degree or higher in any academic field; and
(B) at least 18 completed credit hours of graduate course work in an academic field
that is relevant to the concurrent enrollment course; or
(iii) qualifying experience as defined in Section 
53E-10-301
, including:
(A) the number of years of teaching experience;
(B) student performance on qualifying test scores or AP exams on courses that the
LEA employee teaches;
(C) continuing education in a master's degree or higher in any academic field; or
(D) other criteria established by the institution of higher education.
(8) An institution of higher education shall accept credits earned by a student who
completes a concurrent enrollment course on the same basis as credits earned by a full-time or
part-time student enrolled at the institution of higher education.
Section 3. 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).
(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).
(3) "Credit" means credit for a high school course, or the equivalent for a middle
school course, as determined by the state board.
(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 an LEA in Utah; or
(ii) (A) who attends a private school or home school; and
(B) whose custodial parent is a resident of Utah.
(5) "High school" means grade 9, 10, 11, or 12.
(6) "Middle school" means, only for purposes of student eligibility to participate in the
Statewide Online Education Program, grade 6, 7, or 8.
(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 school, at another location, or any combination of these.
(8) "Plan for college and career readiness" means the same as that term is defined in
Section 
53E-2-304
.
(9) "Primary LEA of enrollment" 
or "primary LEA"
 means the LEA in which an
eligible student is enrolled for courses other than online courses offered through the Statewide
Online Education Program.
(10) "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 4. 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 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 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 
training,
 or career opportunities; and
(j) allow a student to have an individualized educational experience.
(4) The program name, "Statewide Online Education Program," shall be used in the
dissemination of information on the program.
Section 5. 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) and (8),
] 
(2), (9) and (11) and with the advice of a
school counselor at a student's primary LEA,
 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; 
and
(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) An eligible student may enroll in online courses [
for no more than
] 
totaling up to
six credits per school year.
(3) 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.
(4) 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.
(5) 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.
(6) The state board, including an employee of the state board, may not give preference
to an online course or authorized online course provider.
(7) (a) Except as provided in Subsection (7)(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 (7)(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.
(8) 
Subject to legislative appropriations, the state board shall provide Statewide Online
Education Program academic counselors who:
(a) may advise an eligible student or an eligible student's parent regarding an online
course enrollment including how an online course relates to graduation requirements described
in Section 
53E-4-204
 and administrative rule;
(b) provide the training described in Section 
53F-4-514
;
(c) provide technical support to an LEA, school-based counselor, eligible student, or
eligible student's parent;
(d) assist in gathering information, reports, and data an LEA requests; and
(e) direct an eligible student or an eligible student's parent to a school-specific
counselor for advice regarding an online course enrollment in relation to an LEA, or
school-specific graduation requirement and all other counseling services.
(9) If an eligible student has an IEP or Section 504 accommodation plan:
(a) the eligible student's primary LEA:
(i) shall:
(A) forward a copy of the relevant portions of the eligible student's existing IEP or
Section 504 accommodation plan to the authorized online course provider in accordance with
federal law and guidelines; and
(B) ensure the authorized online course provider is provided an eligible student's
updated IEP when revisions are made;
(ii) may:
(A) ensure the eligible student's IEP team and the authorized online course provider
review a course enrollment for compliance with requirements described in Subsection (1); and
(B) as needed, coordinate additional IEP team reviews with the authorized online
course provider to ensure appropriate services, supports, and accommodations are in place for
the eligible student; and
(b) the authorized online course provider:
(i) shall implement an eligible student's IEP or section 504 accommodation plan; and
(ii) may seek assistance from the primary LEA to implement an eligible student's IEP
or section 504 accommodation plan.
(10) The state board shall create a model cooperative agreement between a primary
LEA and an authorized online course provider for use when the primary LEA determines that
an authorized online course provider would best provide IEP services with costs.
(11)
 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 6. Section 
53F-4-504
 is amended to read:
53F-4-504.
Authorized online course providers -- Certified online course
providers.
(1) The following entities are known as an authorized online course provider and may
offer online courses to eligible students through the Statewide Online Education Program:
(a) [
a charter school or district school
] 
a school within an LEA
 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) 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
;
(c) has a student information system that is compatible with the state board's
information system described in Section 
53E-3-518
;
 and
[
(c)
] 
(d)
 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 60 days to remedy the
findings of non-compliance;
(d) reevaluates the findings of non-compliance at least 60 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.
Section 7. 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) 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 authorized online course 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).
(9) Upon request by a primary LEA, the state board shall provide an itemized report to
the primary LEA showing the deduction described in Subsection 
53F-4-508
(2) by student and
course enrolled.
Section 8. Section 
53F-4-506
 is amended to read:
53F-4-506.
Withdrawal from an online course.
(1) An 
authorized
 online course provider shall establish a start date for an online
course, including a start date for the second .5 credit of a 1 credit online course.
(2) Except as provided in Subsection (3), a student may withdraw from an online
course:
(a) within 20 school calendar days of the start date, if the student enrolls in an online
course on or before the start date established pursuant to Subsection (1); or
(b) within 20 school calendar days of enrolling in the online course, if the student
enrolls in an online course after the start date established pursuant to Subsection (1).
(3) (a) A student may withdraw from a 1 credit online course within 20 school calendar
days of the start date of the second .5 credit of the online course.
(b) An 
authorized
 online course provider shall refund a payment received for the
second .5 credit of an online course if a student withdraws from the online course pursuant to
Subsection (3)(a).
(c) If a student withdraws from a 1 credit online course as provided in Subsection
(3)(a), the 
authorized
 online course provider shall receive payment for the student's completion
of .5 credit of the 1 credit course in the same manner as an 
authorized
 online course provider
receives payment for a student's completion of a .5 credit online course as described in
Subsection 
53F-4-505
(4).
Section 9. 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) 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;
(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; and
(c) in the fiscal year beginning July 1, 2025, keep all other appropriations for the
Statewide Online Education Program separate from the appropriations described in Section
53F-4-518
.
(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 (3)(a) 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
] 
Subject to Subsection 
53F-4-514
(2)(h)
, 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.
(4) From money deducted under Subsection (3), the state board shall make payments to
the student's authorized online course provider as provided in Section 
53F-4-505
.
[
(5) The Legislature shall establish a plan for the payment of online courses taken by a
private school or home school student.
]
Section 10. 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 
authorized
 online course
provider shall
:
(a)
 enter into a course credit acknowledgment in which the primary LEA of enrollment
and the 
authorized
 online course provider acknowledge that the 
authorized
 online course
provider is responsible for the instruction of the student in a specified online course[
.
]
; and
(b) agree upon a process to provide the primary LEA with the ability to ensure
consistency of a course request with a student's:
(i) IEP or Section 504 accommodation plan;
(ii) graduation requirements; and
(iii) schedule.
(2) The terms of the course credit acknowledgment shall provide that:
(a) the 
authorized
 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 the amount and at the time the 
authorized
 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 
authorized
 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 
authorized
 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; 
or
[
(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
program, if the student participates in an international baccalaureate program; or
]
[
(D)
] 
(B)
 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 
authorized
 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
] 
Except as provided in Subsection (5), a
 primary LEA of enrollment or
authorized
 online course provider shall submit an acceptance or rejection of a course credit
acknowledgment to the state board within [
] 
 business hours of the receipt of a course
credit acknowledgment from the state board pursuant to Subsection (3)(b).
(f) If an 
authorized
 online course provider accepts a course credit acknowledgment, the
authorized
 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 
authorized
 online course provider rejects a course credit acknowledgment, the
authorized
 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
] 
Except as provided in Subsection (5), if
 a primary LEA of enrollment does not
submit an acceptance or rejection of a course credit acknowledgment to the state board within
[
] 
 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
authorized
 online course provider pursuant to Subsection 
53F-4-505
(6).
(b) If a primary LEA of enrollment negotiates an online course fee with an 
authorized
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.
(5) A primary LEA of enrollment may intervene and reject a course credit
acknowledgment up to 72 business hours after the actual or constructive acceptance of a
course credit acknowledgment under Subsection (4), if the primary LEA of enrollment
determines the online course enrollment meets the criteria of Subsection (3)(c).
Section 11. Section 
53F-4-509
 is amended to read:
53F-4-509.
Online course credit hours included in daily membership --
Limitation.
(1) Subject to Subsection (2), a student's primary LEA of enrollment shall include
online course credit hours in calculating daily membership.
(2) A student may not count as more than one FTE, unless the student intends to
complete high school graduation requirements, and exit high school, early, in accordance with
the student's plan for college and career readiness.
(3) A student who enrolls in an online course may not be counted in membership for a
released-time class, if counting the student in membership for a released-time class would
result in the student being counted as more than one FTE.
(4) Except as provided in Subsection (5), a student enrolled in an online course may
not
 earn [
no
] more credits in a year than the number of credits a student may earn in a year by
taking a full course load during the regular school day in the student's primary LEA of
enrollment.
(5) A student enrolled in an online course may earn more credits in a year than the
number of credits a student may earn in a year by taking a full course load during the regular
school day in the student's primary LEA of enrollment:
(a) if the student intends to complete high school graduation requirements, and exit
high school, early, in accordance with the student's plan for college and career readiness; or
(b) if allowed under [
local school board or charter school governing board
] 
an LEA
governing board
 policy.
Section 12. Section 
53F-4-510
 is amended to read:
53F-4-510.
Administration of statewide assessments to students enrolled in online
courses.
(1) A student enrolled in an online course that is a course for which a statewide
assessment is administered under Title 53E, Chapter 4, Part 3, Assessments, shall take the
statewide assessment.
(2) (a) The state board shall make rules providing for the administration of a statewide
assessment to a student enrolled in an online course.
(b) Rules made under Subsection (2)(a) shall:
(i) provide for the administration of a statewide assessment upon a student completing
an online course; and
(ii) require an 
authorized
 online course provider to proctor the statewide assessment.
Section 13. Section 
53F-4-511
 is amended to read:
53F-4-511.
Report on performance of authorized online course providers.
(1) The state board, in collaboration with 
authorized
 online course providers, shall
develop a report on the performance of 
authorized
 online course providers, which may be used
to evaluate the Statewide Online Education Program and assess the quality of an 
authorized
online course provider.
(2) A report on the performance of an 
authorized
 online course provider shall include:
(a) scores aggregated by test on statewide assessments administered under Title 53E,
Chapter 4, Part 3, Assessments, taken by students at the end of an online course offered
through the Statewide Online Education Program;
(b) the percentage of the 
authorized
 online course provider's students who complete
online courses within the applicable time period specified in Subsection 
53F-4-505
(4)(c);
(c) the percentage of the 
authorized
 online course provider's students who complete
online courses after the applicable time period specified in Subsection 
53F-4-505
(4)(c) and
before the student graduates from high school; and
(d) the pupil-teacher ratio for the combined online courses of the 
authorized
 online
course provider.
(3) The state board shall post a report on the performance of an 
authorized
 online
course provider on the Statewide Online Education Program's website 
described in Section
53F-4-512
.
Section 14. Section 
53F-4-512
 is amended to read:
53F-4-512.
Dissemination of information on the Statewide Online Education
Program.
(1) The state board shall develop a website for the Statewide Online Education
Program which shall include:
(a) a description of the Statewide Online Education Program, including its purposes;
(b) information on who is eligible to enroll, and how an eligible student may enroll, in
an online course;
(c) a directory of 
authorized
 online course providers;
(d) a link to a course catalog for each 
authorized
 online course provider; and
(e) a report on the performance of 
authorized
 online course providers as required by
Section 
53F-4-511
.
(2) An 
authorized
 online course provider shall provide the following information on
the 
authorized
 online course provider's website:
(a) a description of the Statewide Online Education Program, including its purposes;
(b) information on who is eligible to enroll, and how an eligible student may enroll, in
an online course;
(c) a course catalog;
(d) scores aggregated by test on statewide assessments administered under Title 53E,
Chapter 4, Part 3, Assessments, taken by students at the end of an online course offered
through the Statewide Online Education Program;
(e) the percentage of an 
authorized
 online course provider's students who complete
online courses within the applicable time period specified in Subsection 
53F-4-505
(4)(c);
(f) the percentage of an 
authorized
 online course provider's students who complete
online courses after the applicable time period specified in Subsection 
53F-4-505
(4)(c) and
before the student graduates from high school; and
(g) the 
authorized
 online [
learning
] 
course
 provider's pupil-teacher ratio for the online
courses combined.
Section 15. Section 
53F-4-513
 is amended to read:
53F-4-513.
Time period to enroll in an online course.
(1) To provide an LEA and 
an authorized
 online course [
providers
] 
provider
 with
estimates of online course enrollment, a student should enroll in an online course, or declare an
intention to enroll in an online course:
(a) for a high school online course, during the time period the LEA designates for high
school course registration; or
(b) for a middle school online course, during the time period the LEA designates for
middle school course registration.
(2) Notwithstanding Subsection (1) and except as provided in Subsection (3), a student
may enroll in an online course at any time during a calendar year.
(3) (a) A student may alter a course schedule by dropping a traditional classroom
course and adding an online course consistent with course schedule alteration procedures
adopted by the student's primary LEA of enrollment.
(b) [
A school district's or high school's
] 
An LEA or school's
 deadline for dropping a
traditional classroom course and adding an online course shall be the same deadline for
dropping and adding a traditional classroom course.
Section 16. Section 
53F-4-514
 is amended to read:
53F-4-514.
State board -- Rulemaking -- Fees.
(1) 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.
(2) The state board shall make rules in accordance with this part and Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that establish:
(a) a course credit acknowledgement form and procedures for completing and
submitting to the state board a course credit acknowledgement;
(b) procedures for the administration of a statewide assessment to a student enrolled in
an online course; and
(c) 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) in accordance with Title 53E, Chapter 4, Academic Standards, Assessments, and
Materials, criteria for an authorized online course provider to submit for approval an online
course that does not have an existing state board course code;
(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) 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 allows for observation of instruction without
interfering with the instruction[
.
]
;
(g) annual mandatory training for relevant staff at a primary LEA that includes:
(i) program requirements for a primary LEA including reporting requirements and
methods;
(ii) uses of resources and tools to ensure adequate monitoring of an eligible student's
progress;
(iii) federal and state requirements for accommodating enrollments that involve special
education;
(iv) appropriate circumstances and methodologies for reducing an eligible student's
schedule; and
(v) other components the state board determines are necessary; and
(3) (a) When establishing the standards described in Subsection (2)(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 [
(4)
] 
(5)
, 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 (2)(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.
(4) No later than January 31, 2026, the state board shall create a communication
dashboard for the program that includes:
(a) a counselor contact list for an eligible student that is accessible to an authorized
online course provider; and
(b) progress monitoring fields that are accessible to the primary LEA, the eligible
student's counselor, and the eligible student's parent containing:
(i) grade progress reporting of an eligible student by an authorized online course
provider;
(ii) an ability to flag a student that is at-risk of failing an online course; and
(iii) other relevant capabilities the state board determines to be necessary in
consultation with LEA users of the dashboard.
[
(4)
] 
(5)
 If an individual possesses a provider-specific license described in Section
53E-6-201
, the state board may not prohibit the individual from teaching an online course for
an authorized online course provider while the individual is in the process of obtaining an
endorsement or additional license issued by the state board.
[
(5)
] 
(6)
 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 (2)(c)(ii).
[
(6)
] 
(7)
 (a) Fee revenue collected in accordance with Subsection [
(5)
] 
(6)
 shall be:
(i) deposited into the Uniform School Fund as a dedicated credit; and
(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 (2)(c)(ii).
Section 17. Section 
53F-4-516
 is amended to read:
53F-4-516.
Report of noncompliance -- Action to ensure compliance.
(1) The state superintendent shall report to the state board any report of noncompliance
of this part made to a 
staff
 member of [
the staff of
] the state board.
(2) The state board shall take appropriate action to ensure compliance with this part.
Section 18. Section 
53F-4-517
 is amended to read:
53F-4-517.
Agreements for online instruction.
(1) In addition to offering online courses to students through the [
Statewide Online
Education Program
] 
program
, a school district or charter school may enter into an agreement
with another school district or charter school or a consortium of school districts or charter
schools to provide online instruction to the school district's or charter school's students.
(2) Online instruction offered pursuant to Subsection (1) is not subject to the
requirements of this part.
Section 19. Section 
53F-4-518
 is amended to read:
53F-4-518.
Small school student access to college and career readiness courses.
Subject to legislative appropriations 
and Subsection 
53F-4-514
(2)(h),
 and
notwithstanding Subsections 
53F-4-509
(2) and (3), the state board shall:
(1) use funds from 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; and
(2) after the funds described in Subsection (1) have been expended, make a deduction
as described in Subsection 
53F-4-507
(3).
Section 20. 
Effective date.
This bill takes effect on May 1, 2024.