DAR File No. 38437

Education, Administration

Rule R277-725

Electronic High School

Notice of Proposed Rule

(Amendment)

DAR File No.: 38437
Filed: 04/15/2014 03:30:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to make the rule consistent with current state law and recommendations of the Legislative Auditor's Office.

Summary of the rule or change:

The amendments to the rule remove fiscal agent language consistent with a recent legislative audit; change language for the hourly wage of Electronic High School (EHS) teachers; change language about the electronic high school diploma; remove language about an annual commencement program; remove the requirement for counselor or pre-approval for enrollment for students registering in EHS courses; and adjust the cost per quarter tuition for out-of-state students.

State statutory or constitutional authorization for this rule:

• Section 53A-17a-131.15
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

The amendments to this rule update language to make the rule consistent with state law and a recent legislative audit and streamline the process for a student to enroll in EHS courses which will likely not result in a cost or savings to the state budget.

local governments:

The amendments to this rule update language to make the rule consistent with state law and a recent legislative audit and streamline the process for a student to enroll in EHS courses which will likely not result in a cost or savings to local government.

small businesses:

The amendments to this rule update language to make the rule consistent with state law and a recent legislative audit and streamline the process for a student to enroll in EHS courses which will likely not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendments to this rule update language to make the rule consistent with state law and a recent legislative audit and streamline the process for a student to enroll in EHS courses which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments to this rule update language to make the rule consistent with state law and a recent legislative audit and streamline the process for a student to enroll in EHS courses which will likely not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Martell Menlove, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/02/2014

This rule may become effective on:

06/09/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-725. Electronic High School.

R277-725-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Electronic high school" means a rigorous program offering 9-12 grade level courses delivered over the Internet and coordinated by the USOE.

C. "Home-schooled student" means a student who attends no more than two regularly scheduled classes or courses in a public school per semester as defined under Section 53A-11-102.

D. "Open entry/open exit" means:

(1) a method of instructional delivery that allows for flexible scheduling in response to individual student needs or requirements and demonstrated competency when knowledge and skills have been mastered; and

(2) students have the flexibility to begin or end study at any time, progress through course material at their own pace, and demonstrate competency when knowledge and skills have been mastered.

E. "Unit of credit" means credit awarded for courses taken with school district/school approval and successfully completed by students. A student may also earn units of credit by demonstrating subject mastery through district/school approved methods.

F. "USOE" means the Utah State Office of Education.

 

R277-725-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution, Article X, Section 3 which vests general control and supervision of the public schools in the Board, Section 53A-1-401(3) which authorizes the Board to adopt rules in accordance with its responsibilities, and Section 53A-17a-131.15 which directs the Board to have a rule for distribution of funds for the electronic high school program.

B. The purpose of this rule is to provide minimum standards, definitions, and procedures for distribution of funds and coordination of the electronic high school program.

 

R277-725-3. Electronic High School Funding.

[A. ]The USOE shall maintain and distribute [F]funds appropriated by the Legislature for the electronic high school program[ shall be distributed by the Utah State Office of Education].

[B. The Utah State Office of Education may designate a fiscal agent to pay teachers' salaries, course development fees, software licensing fees, and accreditation dues.

]

R277-725-4. Courses and Credit.

A. Curriculum, course offerings and course availability shall be determined by the USOE Electronic High School Principal following consultation with school district personnel and USOE specialists to determine demand and curriculum requirements.

B. Courses shall be offered in an open-entry open-exit format.  In a student's first week of enrollment in a course, a student shall be assigned to a cohort group with the expectation of class completion within seven to ten weeks.

C. Courses shall be designed to be competency-based, with no specific student seat time requirement.[  (Historically, the average course takes the average student 175 to 200 hours to successfully complete a one-credit course).]

D. Schools or school districts shall accept [C]credits that students earn through the electronic high school[ shall be accepted by schools or school districts consistent with this rule].

 

R277-725-5. Student Eligibility for Enrollment.

A. There are no age or grade restrictions for Utah students to enroll in electronic high school courses.

B. Students are accepted into electronic high school courses on a first-come first-served basis.

C. [A student may register for electronic high school course(s) following approval from the student's residence area secondary school counselor, consistent with the student's SEP/SEOP.]A student may register for electronic high school courses at the public school where the student currently attends. The public school shall notify the student's counselor within the first four weeks of enrollment to assure that the course is consistent with the student's SEOP/plan for college and career readiness.

D. The school counselor shall assist students in evaluating courses required for and offered through the electronic high school.

 

R277-725-6. Electronic High School Services to Students with Disabilities.

Students with disabilities who may need additional services or resources and who seek to enroll in electronic high school classes may request appropriate accommodations through the students' assigned schools or school districts.

 

R277-725-7. Student Fees or Tuition.

A. Electronic high school courses are provided to students who are Utah residents, as defined under Section 53A-2-201(1), free of charge.

B. [Non-resident s]Students whose parents/legal guardians are not Utah residents, consistent with Section 53A-2-201, may enroll in electronic high school courses for a fee of $1[0]50 per quarter course[ per semester] provided that the course can accommodate additional students.

 

R277-725-8. Teacher Requirements and Payments.

A. All electronic high school teachers are licensed Utah educators consistent with Section 53A-6.

B. Electronic high school teachers are paid [a salary determined by the electronic high school salary schedule and negotiated to the extent necessary with the USOE Electronic High School Principal]an hourly wage according to their contract negotiated with the USOE.

C. All electronic high school teachers shall be subject to laws and administrative rules for Utah educators, including the state and federal Family Educational Rights and Privacy Act, Sections 53A-13-301 and 302, and 20 U.S.C. Section 1232g and 34 C.F.R. Part 99; child abuse reporting requirements; and Professional Standards for Utah Educators, R686-103.

 

R277-725-9. Electronic High School Credit and Diplomas.

[A. Three types of Utah students may be eligible for an electronic high school diploma:

(1) a home-schooled student;

(2) a student who has dropped out of school as defined under R277-419 and whose original high school class has graduated; and

(3) a student who is identified by his resident school district as ineligible for graduation from a traditional high school program for specific reasons.

B. Graduation criteria

(1) Students shall satisfy all requirements established by R277-700 for a high school diploma.

(2) Students who seek an electronic high school diploma shall be required to satisfy the requirements of the Participation Skills and Techniques and Individualized Lifetime Activity courses which are Core classes required for high school graduation. Students may satisfy course requirements through district-approved activities outside of the Electronic High School program.

C. Awarding of diplomas

(1) Diplomas shall be awarded to electronic high school graduates at least annually.

(2) An annual commencement program may be offered by the USOE. Electronic high school graduates may voluntarily participate.

D. Additional provisions

(1) The USOE shall provide graduation information upon request to interested prospective graduates.

]A. The Electronic high school may award diplomas to students consistent Section 53A-15-1007 as adequate courses and funding are available, required for graduation.

[(2)]B. The [USOE and]student's resident school[ district] personnel shall assist prospective graduates, to the extent of resources available, with transcript evaluation and suggestions for completing graduation requirements required beyond the electronic high school curriculum.

 

KEY: electronic high school

Date of Enactment or Last Substantive Amendment: [September 2, 2004]2014

Notice of Continuation: April 7, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-131.15