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S.B. 65
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STATEWIDE ONLINE EDUCATION PROGRAM
2
2011 GENERAL SESSION
3
STATE OF UTAH
4
Chief Sponsor: Howard A. Stephenson
5
House Sponsor:
Bradley M. Daw
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LONG TITLE
8
General Description:
9
This bill creates the Statewide Online Education Program to enable a student to earn
10
high school graduation credit through the completion of online courses.
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Highlighted Provisions:
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This bill:
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. establishes the purposes of the Statewide Online Education Program;
14
. allows an eligible student to enroll in an online course offered through the Statewide
15
Online Education Program;
16
. identifies entities that may offer online courses through the Statewide Online
17
Education Program;
18
. prescribes requirements for an online course provider;
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. provides for the payment of online courses;
20
. requires reporting on the performance of online course providers;
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. requires the dissemination of information on the Statewide Online Education
22
Program;
23
. requires the State Board of Education to make rules;
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. requires the legislative auditor general to conduct a review and issue a report on the
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Statewide Online Education Program;
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. directs the Education Interim Committee to study how to provide course selection
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advisement and a high school diploma to students who take a majority of courses
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through the Statewide Online Education Program; and
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. makes technical amendments.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill takes effect on July 1, 2011.
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Utah Code Sections Affected:
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AMENDS:
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53A-15-1002, as enacted by Laws of Utah 2006, Chapter 227
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53A-15-1006, as enacted by Laws of Utah 2006, Chapter 227
38
63I-2-253, as last amended by Laws of Utah 2010, Chapter 11
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ENACTS:
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53A-15-1201, Utah Code Annotated 1953
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53A-15-1202, Utah Code Annotated 1953
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53A-15-1203, Utah Code Annotated 1953
43
53A-15-1204, Utah Code Annotated 1953
44
53A-15-1205, Utah Code Annotated 1953
45
53A-15-1206, Utah Code Annotated 1953
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53A-15-1207, Utah Code Annotated 1953
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53A-15-1208, Utah Code Annotated 1953
48
53A-15-1209, Utah Code Annotated 1953
49
53A-15-1210, Utah Code Annotated 1953
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53A-15-1211, Utah Code Annotated 1953
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53A-15-1212, Utah Code Annotated 1953
52
53A-15-1213, Utah Code Annotated 1953
53
53A-15-1214, Utah Code Annotated 1953
54
53A-15-1215, Utah Code Annotated 1953
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53A-15-1216, Utah Code Annotated 1953
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53A-15-1217, Utah Code Annotated 1953
57
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-15-1002
is amended to read:
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53A-15-1002. Definitions.
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As used in this part:
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(1) "Board" means the State Board of Education.
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(2) "Electronic High School" means a rigorous program offering grade 9 - 12 level
64
online courses [delivered over the Internet] through the Statewide Online Education Program
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and coordinated by the board.
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(3) "Eligible student" has the meaning defined in Section
53A-15-1202
.
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[(3)] (4) "Home-schooled student" means a student:
68
(a) who attends a home school;
69
(b) is exempt from school attendance pursuant to Section
53A-11-102
; and
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(c) attends no more than two regularly scheduled classes or courses in a public school
71
per semester.
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[(4)] (5) "Open-entry, open-exit" means:
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(a) a method of instructional delivery that allows for flexible scheduling in response to
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individual student needs or requirements and demonstrated competency when knowledge and
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skills have been mastered; and
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(b) students have the flexibility to begin or end study at any time, progress through
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course material at their own pace, and demonstrate competency when knowledge and skills
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have been mastered.
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Section 2.
Section
53A-15-1006
is amended to read:
80
53A-15-1006. Payment for an Electronic High School course.
81
[(1) Electronic High School courses are provided to students who are Utah residents, as
82
defined in Section
53A-2-201
, free of charge.]
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(1) (a) The Electronic High School shall receive payment for an eligible student's
84
enrollment in an online course as provided by Sections
53A-15-1208
through
53A-15-1210
.
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(b) For fiscal years 2011-12 and 2012-13, a private or home school student whose
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custodial parent or legal guardian is a resident of Utah may enroll in an Electronic High School
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course subject to the availability of funds appropriated by the Legislature for that purpose.
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(2) [Nonresident students] A student whose custodial parent or legal guardian is not a
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resident of Utah may enroll in an Electronic High School [courses] course for a fee set by the
90
board, provided that the course can accommodate additional students.
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Section 3.
Section
53A-15-1201
is enacted to read:
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Part 12. Statewide Online Education Program Act
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53A-15-1201. Title.
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This part is known as the "Statewide Online Education Program Act."
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Section 4.
Section
53A-15-1202
is enacted to read:
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53A-15-1202. Definitions.
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As used in this part:
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(1) "Average charter high school per pupil revenues" means an amount equal to charter
99
high school revenues divided by the average daily membership of charter high schools
100
statewide.
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(2) "Charter high school" means a charter school in which only students in grades 9,
102
10, 11, or 12 are enrolled.
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(3) "Charter high school revenues" means an amount equal to:
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(a) total general fund revenues of charter high schools statewide as reported in the most
105
recently published financial report; minus
106
(b) total revenues distributed to charter high schools statewide for an allocation per
107
student in the amount of statewide average debt service revenues under Section
53A-1a-513
.
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(4) "District school" means a public school under the control of a local school board
109
elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
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Boards.
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(5) "Eligible student" means:
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(a) a student enrolled in a district school or charter school in Utah; or
113
(b) beginning on July 1, 2013, a student:
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(i) who attends a private school or home school; and
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(ii) whose custodial parent or legal guardian is a resident of Utah.
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(6) "LEA" means a local education agency in Utah that has administrative control and
117
direction for public education.
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(7) "Online course" means a course of instruction offered by the Statewide Online
119
Education Program through the use of digital technology.
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(8) "Primary LEA of enrollment" means the LEA in which an eligible student is
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enrolled for courses other than online courses offered through the Statewide Online Education
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Program.
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Section 5.
Section
53A-15-1203
is enacted to read:
124
53A-15-1203. Statewide Online Education Program created -- Designated as
125
program of the public education system -- Purposes.
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(1) The Statewide Online Education Program is created to enable an eligible student to
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earn high school graduation credit through the completion of publicly funded online courses.
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(2) Pursuant to Utah Constitution, Article X, Section 2, the Statewide Online
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Education Program is designated as a program of the public education system.
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(3) The purposes of an online school are to:
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(a) provide a student with access to online learning options regardless of where the
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student attends school, whether a public, private, or home school;
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(b) provide high quality learning options for a student regardless of language,
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residence, family income, or special needs;
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(c) provide online learning options to allow a student to acquire the knowledge and
136
technology skills necessary in a digital world;
137
(d) utilize the power and scalability of technology to customize education so that a
138
student may learn in the student's own style preference and at the student's own pace;
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(e) utilize technology to remove the constraints of traditional classroom learning,
140
allowing a student to access learning virtually at any time and in any place and giving the
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student the flexibility to take advantage of the student's peak learning time;
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(f) provide personalized learning, where a student can spend as little or as much time
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as the student needs to master the material;
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(g) provide greater access to self-paced programs enabling a high achieving student to
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accelerate academically, while a struggling student may have additional time and help to gain
146
competency;
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(h) allow a student to customize the student's schedule to better meet the student's
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academic goals;
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(i) provide quality learning options to better prepare a student for post-secondary
150
education and vocational or career opportunities; and
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(j) allow a student to have an individualized educational experience.
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Section 6.
Section
53A-15-1204
is enacted to read:
153
53A-15-1204. Option to enroll in online courses offered through the Statewide
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Online Education Program.
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(1) Subject to the course limitations provided in Subsection (2), an eligible student may
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enroll in an online course offered through the Statewide Online Education Program if:
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(a) the student meets the course prerequisites; and
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(b) the course is open for enrollment.
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(2) An eligible student may enroll in online courses for no more than the following
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number of credits:
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(a) in the 2011-12 and 2012-13 school years, two credits;
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(b) in the 2013-14 school year, three credits;
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(c) in the 2014-15 school year, four credits;
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(d) in the 2015-16 school year, five credits; and
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(e) beginning with the 2016-17 school year, six credits.
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(3) Notwithstanding Subsection (2), an eligible student may enroll in online courses for
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more than the number of credits specified in Subsection (2) if the student's primary LEA of
168
enrollment agrees to pay for the additional online courses in accordance with Sections
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53A-15-1208
through
53A-15-1210
.
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(4) An eligible student's primary LEA of enrollment:
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(a) in conjunction with the student and the student's parent or legal guardian, is
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responsible for preparing and implementing a student education/occupation plan (SEOP) for
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the eligible student, as provided in Section
53A-1a-106
; and
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(b) shall assist an eligible student in scheduling courses in accordance with the
175
student's SEOP, graduation requirements, and the student's post-secondary plans.
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(5) An eligible student's primary LEA of enrollment may not:
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(a) impose restrictions on a student's selection of an online course that fulfills
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graduation requirements and is consistent with the student's SEOP or post-secondary plans; or
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(b) give preference to an online course or online course provider.
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Section 7.
Section
53A-15-1205
is enacted to read:
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53A-15-1205. Authorized online course providers.
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(1) The following entities may offer online courses to eligible students through the
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Statewide Online Education Program:
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(a) the Electronic High School established in Part 10, Electronic High School Act;
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(b) a charter school or district school created exclusively for the purpose of serving
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students online; and
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(c) an LEA program, approved by the LEA's governing board, that is created
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exclusively for the purpose of serving students online.
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(2) In addition to the entities specified in Subsection (1), beginning with the 2012-13
190
school year, a certified online course provider may offer an online course to an eligible student
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through the Statewide Online Education Program.
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(3) A certified online course provider may include a public or private person.
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Section 8.
Section
53A-15-1206
is enacted to read:
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53A-15-1206. Certified online course provider.
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(1) The State Board of Education shall issue a certification to an online course provider
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if the online course provider:
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(a) complies with the application procedures established by the State Board of
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Education in rule;
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(b) meets standards for certified online course providers established by the State Board
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of Education in rule; and
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(c) has prior experience offering online courses to secondary school students.
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(2) (a) The State Board of Education may charge a fee to apply for or maintain an
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online course provider certification.
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(b) The State Board of Education shall impose a fee under Subsection (2)(a) in
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accordance with Section
63J-1-504
.
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(c) Fee revenues collected under this section shall be:
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(i) deposited into the Uniform School Fund as a dedicated credit; and
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(ii) used by the State Board of Education to review an application for certification or
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monitor a certified online course provider's compliance with State Board of Education
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standards.
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(3) The State Board of Education may revoke the certification of an online course
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provider who fails to comply with standards established by the State Board of Education in
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rule.
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Section 9.
Section
53A-15-1207
is enacted to read:
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53A-15-1207. Standards for online course providers.
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(1) In adopting standards for a certified online course provider, the State Board of
217
Education shall use as a guideline the standards recommended by the International Association
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for K-12 Online Learning.
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(2) Standards established by the State Board of Education in rule for an online course
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provider:
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(a) shall require an online course to be aligned with core curriculum standards
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established under Sections
53A-1-402
and
53A-1-402.6
;
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(b) shall prescribe qualifications for online course instructors;
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(c) may not specify a minimum duration for an online course or a minimum amount of
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time a student must spend in an online course; and
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(d) may not limit the class size of an online course.
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(3) (a) An online course instructor who is an employee of the Utah Electronic High
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School or a Utah school district or charter school shall hold a teaching license issued by the
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State Board of Education.
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(b) An online course instructor who is not an employee of the Utah Electronic High
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School or a Utah school district or charter school shall hold a teaching license issued by a state
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educator licensing agency.
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(4) An online course may be offered in an open-entry, open-exit format.
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Section 10.
Section
53A-15-1208
is enacted to read:
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53A-15-1208. Payment for an online course.
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(1) The fee for an online course is an amount equal to the product of:
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(a) average charter high school per pupil revenues; and
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(b) one-eight the number of credits a student may earn for the online course.
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(2) An online learning provider shall receive payment for an online course as follows:
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(a) for a one semester online course, 60% of the online course fee upon the student
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enrolling in the online course;
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(b) for a full-year online course, 30% of the online course fee upon the student
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enrolling in the online course and 30% of the online course fee upon the beginning of the
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second semester; and
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(c) if a student completes a full-year online course within 12 months or a one-semester
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course within nine weeks following the end of the semester, 40% of the online course fee.
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(3) (a) If a student fails to complete a one-year course within 12 months or a
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one-semester course within nine weeks following the end of the semester, the student may
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continue to be enrolled in the course until the student graduates from high school.
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(b) To encourage an online course provider to provide remediation to a student who
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remains enrolled in an online course pursuant to Subsection (3)(a) and avoid the need for credit
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recovery, an online course provider shall receive a payment equal to 20% of the online course
253
fee if the student completes the online course before the student graduates from high school.
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Section 11.
Section
53A-15-1209
is enacted to read:
255
53A-15-1209. State Board of Education to deduct funds and make payments --
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Remaining balance to lapse into Uniform School Fund -- Plan for the payment of online
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courses taken by private and home school students.
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(1) Upon the receipt of a course credit acknowledgment described in Section
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53A-15-1210
, the State Board of Education shall deduct an amount equal to the online course
260
fee described in Section
53A-15-1208
from funds allocated to the student's primary LEA of
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enrollment under Chapter 17a, Minimum School Program Act.
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(2) From money deducted under Subsection (1), the State Board of Education shall
263
make payments to the student's online course provider as provided in Section
53A-15-1210
.
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(3) A balance remaining at the time a student graduates shall lapse into the Uniform
265
School Fund.
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(4) The Legislature shall establish a plan, which shall take effect beginning on July 1,
267
2013, for the payment of online courses taken by a private school or home school student.
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Section 12.
Section
53A-15-1210
is enacted to read:
269
53A-15-1210. Course credit acknowledgement.
270
(1) A student's primary LEA of enrollment and the student's online course provider
271
shall enter into a course credit acknowledgement in which the primary LEA of enrollment and
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the online course provider acknowledge that the online course provider is responsible for the
273
instruction of the student in a specified online course.
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(2) The terms of the course credit acknowledgement shall provide that:
275
(a) the online course provider shall receive a payment in the amount provided under
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Section
53A-15-1209
;
277
(b) the online course provider shall refund a payment received for a student who
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enrolls in an online course if the student withdraws from the online course within 10 days; and
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(c) the student's primary LEA of enrollment acknowledges that the State Board of
280
Education will deduct an amount equal to the online course fee from funds allocated to the
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LEA under Chapter 17a, Minimum School Program Act.
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(3) A primary LEA of enrollment and an online course provider shall submit a copy of
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a course credit acknowledgement to the State Board of Education in accordance with
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procedures established by the State Board of Education.
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Section 13.
Section
53A-15-1211
is enacted to read:
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53A-15-1211. Online course credit hours included in daily membership --
287
Limitation.
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(1) Subject to Subsection (2), a student's primary LEA of enrollment shall include
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online course credit hours in calculating daily membership.
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(2) A student may not count as more than one FTE, unless the student intends to
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complete high school graduation requirements, and exit high school, early, in accordance with
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the student's education/occupation plan (SEOP).
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Section 14.
Section
53A-15-1212
is enacted to read:
294
53A-15-1212. Administration of statewide assessments to students enrolled in
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online courses.
296
(1) A student enrolled in an online course that is a course for which a statewide
297
assessment is administered under Chapter 1, Part 6, Achievement Tests, shall take the
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statewide assessment.
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(2) (a) The State Board of Education shall make rules providing for the administration
300
of a statewide assessment to a student enrolled in an online course.
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(b) Rules made under Subsection (2)(a) shall:
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(i) provide for the administration of a statewide assessment upon a student completing
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an online course; and
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(ii) require an online course provider to proctor the statewide assessment.
305
Section 15.
Section
53A-15-1213
is enacted to read:
306
53A-15-1213. Report on performance of online course providers.
307
(1) The State Board of Education, in collaboration with online course providers, shall
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develop a report on the performance of online course providers, which may be used to evaluate
309
the Statewide Online Education Program and assess the quality of an online course provider.
310
(2) A report on the performance of an online course provider shall include:
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(a) data on the performance of the online course provider's students on statewide
312
assessments administered under Chapter 1, Part 6, Achievement Tests;
313
(b) the percentage of the online course provider's students who complete online
314
courses; and
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(c) the pupil-teacher ratio of the online course provider.
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(3) The State Board of Education shall post a report on the performance of an online
317
course provider on the Statewide Online Education Program's website.
318
Section 16.
Section
53A-15-1214
is enacted to read:
319
53A-15-1214. Dissemination of information on the Statewide Online Education
320
Program.
321
(1) The State Board of Education shall develop a website for the Statewide Online
322
Education Program which shall include:
323
(a) a description of the Statewide Online Education Program, including its purposes;
324
(b) information on who is eligible to enroll, and how an eligible student may enroll, in
325
an online course;
326
(c) a directory of online course providers;
327
(d) a link to a course catalog for each online course provider; and
328
(e) a report on the performance of online course providers as required by Section
329
53A-15-1213
.
330
(2) An online course provider shall provide the following information on the online
331
course provider's website:
332
(a) a description of the Statewide Online Education Program, including its purposes;
333
(b) information on who is eligible to enroll, and how an eligible student may enroll, in
334
an online course;
335
(c) a course catalogue;
336
(d) data on the performance of the online course provider's students on statewide
337
assessments administered under Chapter 1, Part 6, Achievement Tests;
338
(e) the percentage of an online course provider's students who complete online courses;
339
and
340
(f) the online learning provider's pupil-teacher ratio.
341
(3) An LEA shall provide information both written and online on the Statewide Online
342
Education Program, including:
343
(a) a description of the Statewide Online Education Program, including its purposes;
344
(b) information on who is eligible to enroll, and how an eligible student may enroll, in
345
an online course; and
346
(c) information on how to access the Statewide Online Education Program website.
347
(4) An LEA shall include the written information described in Subsection (3) in high
348
school course registration materials.
349
Section 17.
Section
53A-15-1215
is enacted to read:
350
53A-15-1215. State Board of Education -- Rulemaking.
351
The State Board of Education shall make rules in accordance with this part and Title
352
63G, Chapter 3, Utah Administrative Rulemaking Act, that:
353
(1) establish applications procedures for an online course provider to obtain
354
certification;
355
(2) prescribe standards for a certified online course provider;
356
(3) establish a course credit acknowledgement form and procedures for completing and
357
submitting to the State Board of Education a course credit acknowledgement; and
358
(4) establish procedures for the administration of a statewide assessment to a student
359
enrolled in an online course.
360
Section 18.
Section
53A-15-1216
is enacted to read:
361
53A-15-1216. Review by legislative auditor general.
362
The legislative auditor general shall conduct a review and issue a report on the
363
Statewide Online Education Program after the conclusion of the 2013-14 school year.
364
Section 19.
Section
53A-15-1217
is enacted to read:
365
53A-15-1217. Interim Study.
366
The Education Interim Committee shall study and make recommendations for proposed
367
legislation in the 2012 General Session on how to provide students who take a majority of their
368
courses through the Statewide Online Education Program:
369
(1) assistance in selecting courses that fulfill high school graduation requirements and
370
prepare the student for postsecondary education and a career; and
371
(2) a high school diploma.
372
Section 20.
Section
63I-2-253
is amended to read:
373
63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
374
(1) Section
53A-1-403.5
is repealed July 1, 2012.
375
(2) Subsection
53A-1-603
(5) is repealed July 1, 2015.
376
(3) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
377
(4) Subsection
53A-13-110
(4) is repealed July 1, 2013.
378
[(5) Section
53A-17a-152
is repealed July 1, 2010.]
379
(5) Section
53A-15-1217
is repealed July 1, 2012.
380
(6) Section
53A-17a-162
is repealed July 1, 2012.
381
Section 21. Effective date.
382
This bill takes effect on July 1, 2011.
Legislative Review Note
as of 2-1-11 6:32 PM