Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 263 (2024GS)

Sponsor

Rep. Johnson, D.N.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• authorizes the USBE to create an administrative rule regarding funding distribution for the program; and
• makes technical changes.

Every vote on this bill

Bill text

STATEWIDE ONLINE EDUCATION PROGRAM FUNDING
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Dan N. Johnson
Senate Sponsor: 
 Ann Millner
LONG TITLE
General Description:
This bill provides rulemaking authority to the Utah State Board of Education (USBE)
for Statewide Online Education Program (the program) funding.
Highlighted Provisions:
This bill:
▸ authorizes the USBE to create an administrative rule regarding funding distribution
for the program; and
▸ makes technical 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 2023, Chapter 368
53F-4-514
, as last amended by Laws of Utah 2023, Chapter 368
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) 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[
; 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, 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 2. 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[
.
]
; and
(g) a percentage allocation of the legislative appropriation for different portions of the
program including:
(i) private and home school student enrollments described in Subsection
53F-4-507
(3)(c); and
(ii) small school enrollment described in Section 
53F-4-518
.
(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), 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) 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) 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) (a) Fee revenue collected in accordance with Subsection (5) 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 3. 
Effective date.
This bill takes effect on July 1, 2024.