DAR File No. 39996

Education, Administration

Rule R277-726

Statewide Online Education Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 39996
Filed: 12/15/2015 02:11:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah State Board of Education's Law and Licensing Committee directed Utah State Office of Education staff to make changes to Rule R277-726 based on the Committee's discussion of the rule and policy decisions that were made by the Committee. Numerous technical and conforming changes are also made throughout the rule.

Summary of the rule or change:

The amendments provide changes to the requirements for a local education agency and a Statewide Online Education Program provider (SOEP provider) to manage a Section 504 accommodation plan and to serve SOEP students with disabilities. Changes also provide for the responsibilities of a SOEP provider that is a higher education entity, how fee waiver eligible materials are provided to SOEP students, how to manage the SOEP appropriation for home and private school students, and also include technical and conforming changes throughout the rule.

State statutory or constitutional authorization for this rule:

• Article X, Section 3
• Section 53A-15-1213
• Subsection 53A-1-401(3)
• Section 53A-15-1210

Anticipated cost or savings to:

the state budget:

The changes to Rule R277-726 provide clarification on how the SOEP is administered, including technical and conforming changes that likely will not result in a cost or savings to the state budget.

local governments:

The changes to Rule R277-726 provide clarification on how the SOEP is administered, including technical and conforming changes that likely will not result in a cost or savings to local government.

small businesses:

The changes to Rule R277-726 provide clarification on how the SOEP is administered, including technical and conforming changes that likely will not result in a cost or savings to small businesses.

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

The changes to Rule R277-726 provide clarification on how the SOEP is administered, including technical and conforming changes that likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The changes to Rule R277-726 provide clarification on how the SOEP is administered, including technical and conforming changes that likely will not result in any compliance costs for affected persons.

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

To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.

Brad C. Smith, 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:

• Angela Stallings at the above address, by phone at 801-538-7656, 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:

02/01/2016

This rule may become effective on:

02/08/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-726. Statewide Online Education Program.

R277-726-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized by :

(a) Utah Constitution Article X, Section 3, which vests general control and supervision of public education in the Board[,];

(b) Section 53A-15-1210 , which requires the Board to make rules providing for the administration of statewide assessments to students enrolled in online courses[,];

(c) Section 53A-15-1213 , which requires the Board to make rules that establish a course credit acknowledgment form and procedures for completing and submitting the form to the Board[,]; and

(d) S ubsection 53A-1-401(3) , which permits the Board to adopt rules in accordance with its responsibilities.

[B.](2) The purpose of this rule is to:

(a) define necessary terms[,];

(b) provide and describe a [P]program registration agreement; and

(c) provide other requirements for an LEA[s], [the ]USOE, a parent[s] and a student[s], and a [P]provider[s] for [P]program implementation and accountability.

 

R277-726-[1]2 . Definitions.

[A.](1) "Actively participates" means the student actively participates as defined by the [P]provider.

[B. "Board" means the Utah State Board of Education.]

[C.](2) "Course completion" means that a student has completed a course with a passing grade and the [P]provider has transmitted the grade and credit to the primary LEA of enrollment.

[D.](3)(a) "Course Credit Acknowledgment " or [(]"CCA[)]" means [the]an agreement and registration record using [the ]USOE provided Statewide Online Education Program form.

(b) Except as provided in Subsection 53A-15-1208(3)(h), [T]the CCA shall be signed by the[student, parent,] designee of the primary school of enrollment , and the qualified [P]provider.

[E.](4) "Eligible student" means a student enrolled in grades 9-12 in a public school, but does not include a student[s] enrolled in an adult education program[s].

[F.](5) "Enrollment confirmation" means the student initially registered and actively participated, as defined under Subsection [R277-726-](1 )[A].

[G.](6)(a) "Executed CCA" means a CCA that has been signed by all parties [have signed the CCA and the CCA has been]and received by[the] USOE.

(b) Following enrollment confirmation and participation, [the ]USOE directs funds to the [P]provider, consistent with Sections 53A-15-1206, 53A-15-1206.5, and 53A-15-1207.

[H.](7) "LEA" [means a] or "local education agency "[, including local school boards/public school districts, charter schools, and,] for purposes of this rule[,] includes the Utah Schools for the Deaf and the Blind.

[I.](8) "Online course" means a course of instruction offered through the Statewide Online Education Program.

[J.](9) "Online course payment" means the amount withheld from [the]a student's primary LEA and disbursed to the designated [P]provider following satisfaction of the requirements of the law, and as directed in Section 53A-15-1207.

[K.](10) "Online course provider " or "[(P]provider[)]" means:

(a) a school district school[,];

(b) a charter school[or];

(c) an LEA program created for the purpose of serving Utah students in grades 9-12 online[.]; or

(d) a program of an institution of higher education described in Subsection 53A-15-1205(3).

[L.](11) "Primary LEA of enrollment" means the LEA in which an eligible student is enrolled for courses other than online courses offered through the Statewide Online Education Program.

[M.](12) "Primary school of enrollment" means:

(a) a student's school of record[, where the student takes the majority of his classes]; and

(b) the school that maintains the student's cumulative file, enrollment information , and transcript for purposes of high school graduation.

(13) "Resident school" means the district school within whose attendance boundaries the student's custodial parent or legal guardian resides.

[N. "SEOP" means student education occupation plan as defined in R277-700.]

[O.](14) "Statewide assessment" means [Criterion-Referenced]a test[s] or [computer adaptive tests]assessment required under Rule R277-404.

[P.](15) "Statewide Online Education Program " or "[(P]program[)]" means courses offered to students under [Section 53A-15-1201 through 53A-15-1217]Title 53A, Chapter 15, Part 12, Statewide Online Education Program Act.

[Q. "USOE" means the Utah State Office of Education.]

[R.](16) "USOE course code" means a code for a designated subject matter course assigned by the [USOE]Superintendent.

[S.](17) "Withdrawal from online course" means that a student withdraws or ceases participation in an online course as follows:

([1]a) within 20 calendar days of the start date of the course, if the student enrolls on or before the start date;

([2]b) within 20 calendar days of enrolling in a course, if the student enrolls after the start date; or

([3]c) within 20 calendar days after the start date of the second .5 credit of a 1.0 credit course; or

([4]d) as the result of a student suspension from an online course following adequate documented due process by the [P]provider.

 

R277-726-3. Course Credit Acknowledgment (CCA) Process.

[A.](1) A student, a student's parent , or a [P]provider may initiate a CCA.

[B.](2)(a) A counselor designated by [the]a student's primary school of enrollment shall review the student's CCA to ensure consistency with:

(i) graduation requirements[,];

(ii) the student's SEOP[,];

(iii) the student's [Individualized Education Plan (]IEP[),];

(iv) the student's Section 504 plan[,]; or

(v) the student's international baccalaureate program[, if applicable].

(b) The primary school of enrollment shall return the CCA to the [USOE]Superintendent within 72 business hours.

[C.](3)(a) A [P]provider -[ ]initiated CCA may be sent directly to the [USOE]Superintendent if the course is consistent with the student's SEOP.

(b) The primary school of enrollment [need]is not required to meet with the student or parent.

(c) The Superintendent shall notify a primary school of enrollment [and shall be notified of such an]of a student's enrollment [by the USOE]in the program.

[D.](4) If [the]a student enrolling in the program has an IEP or a Section 504 plan, the primary LEA or school of enrollment shall forward the IEP or description of 504 accommodations to the [P]provider within 72 business hours of receiving notice from the [USOE]Superintendent that the [P]provider has accepted the enrollment request.

[E.](5) The [USOE]Superintendent shall develop and administer procedures for facilitation of [the]a CCA that inform s all appropriate parties.

 

R277-726-4. Eligible Student[ / ] and Parent Rights and Responsibilities.

[A.](1)(a) An [E]eligible student[s] may register for [up to two P]program credits [in the 2012-2013 school year]consistent with Section 53A-15-1204[;].

(b) [however]Notwithstanding Subsection (1)(a), a student's primary LEA of enrollment or the Board may allow an eligible student to enroll in additional online courses consistent with Section 53A-15-1204 with documentation from the LEA.

[B.](2) A student enrolled in a [P]program course[(s)] may earn no more credits in a year than the number of credits a student may earn by taking a full course load during the regular school day in the student's primary school of enrollment.

[C.](3) An [E]eligible student[s] may register for more than [two online]the maximum number of credits described in Subsection 53A-15-1204(2) if :

(a) the student's[current] SEOP indicates[specifically] that the student intends to complete high school graduation requirements and exit high school before the rest of the student's high school cohort ; and

(b) the student's schedule demonstrates progress toward early graduation.

[D.](4)(a) An [E]eligible student[s are]is expected to complete courses in which the[y]student enroll s in a timely manner consistent with Section 53A-15-1206.

(b) If a student changes [his]the student's enrollment for any reason, it is the student's[/] or student's parent's responsibility to notify the [P]provider immediately.

[E.](5) A [S]student[s] should enroll in online courses, or declare an intention to enroll, during the high school course registration period designated by the primary LEA of enrollment for regular course registration.

[F.](6) A student may alter a course schedule by dropping a traditional course and adding an online course [by]in accordance with the primary school of enrollment's same established deadline for dropping and adding traditional courses.

[G.](7)(a) Notwithstanding [this]Subsection (6), an underenrolled student may enroll in an online course at any time during a calendar year.

(b) If [this occurs]an underenrolled student enrolls in an online course as described in Subsection (7)(a), the primary school of enrollment may immediately claim the student for the adjusted portion of enrollment.

 

R277-726-5. LEA Requirements and Responsibilities.

[A.](1) A primary school of enrollment shall facilitate student enrollment with any and all eligible [P]providers selected by an eligible student[s] consistent with course credit limits.

[B.](2) A primary school of enrollment or a [P]provider LEA shall use the CCA form, records , and processes provided by the [USOE]Superintendent for the [P]program.[A school counselor or a Provider shall use a separate form for each course selected by parent/student.]

[C.](3) A primary school or LEA of enrollment shall provide information about available online courses and programs :

(a) in registration materials ; [or through other reasonable communication and]

(b) on the LEA's[or school's] website ; [or using a link to the USOE's website] and

(c) on the school's website.

[D.](4) A primary school of enrollment shall include a student's online courses in the student's enrollment records and, upon course completion, include online course grades and credits on the student 's transcripts.

 

R277-726-6. [State Board of Education (Board)]Superintendent Requirements and Responsibilities.

[A.](1) The [Board]Superintendent shall develop and provide a website for the [P]program that provides information required under Section 53A-15-1212 and other information as determined by the Board.

[B.](2) The [Board]Superintendent shall direct a [P]provider[s] to administer state[-designated]wide assessments consistent with Rule R277-404[and R277-473] for identified courses using LEA-adopted and state-approved assessments.

[C.](3)(a) The Board may determine space availab[le]ility standards and appropriate course load standards for online courses consistent with S ubsections 53A-15-1006(2) and 53A-15-1208(3)(d).

(b) Course load standards may differ based on subject matter and differing accreditation standards.

[D.](4) The Board shall withhold funds from a primary LEA[s] of enrollment and make payments to a [P]provider[s] consistent with Sections 53A-15-1206, 53A-15-1206.5 , and 53A-15-1207.

[E. The Board shall establish an appeals process for students who request more than two online courses in the 2011-2012 school year and who are first denied by their primary LEA or school of enrollment.]

[F.](5) The Board may refuse to provide funds under a CCA if the Board finds that information has been submitted fraudulently or in violation of the law or Board [requirements]rule by any of the parties to a CCA.

[G.](6) The [USOE or the Board's designee]Superintendent shall receive[,] and investigate complaints , and impose sanctions, if appropriate, regarding course integrity, financial mismanagement, enrollment fraud or inaccuracy, or violations of the law or this rule specific to the requirements and provisions of th[is]e [P]program.

[H.](7) If a Board investigation finds that a [P]provider has violated the IDEA or Section 504 provisions for a student[s] taking online courses, the [P]provider shall compensate the student's primary LEA of enrollment for all costs related to compliance.

[I.](8)(a) The [USOE]Superintendent may audit, at the Board's sole discretion, an LEA's or [P]program participant's compliance with any requirement of state or federal law or Board rule under the [P]program.

(b) All participants shall provide timely access to all records, student information, financial data or other information requested by the Board, the Board's auditors, or the Superintendent [or the Superintendent's designee ]upon request.

[J.](9) The Board may[impose penalties,] withhold funds[, or sanction] from a [P]program participant[s] for the participant 's['] failure to comply with a reasonable request[s] for records or information.

[K.](10) [All records related to the Program that do not disclose protected student information are public records and shall be available upon request under Section 63G-2-301or 63G-2-305]Program records are available to the public subject to the Government Records Access and Management Act, (GRAMA).

(11) The Superintendent shall withhold online course payment from a primary LEA of enrollment and payments to an eligible provider at the nearest monthly transfer of funds, subject to verification of information, in an amount consistent with, and at the time a provider qualifies to receive payment, under Subsection 53A-15-1206(4).

(12) The Superintendent shall pay a provider consistent with Minimum School Program funding transfer schedules.

(13)(a) The Superintendent may make decisions on questions or issues unresolved by Title 53A, Chapter 15, Part 12, Statewide Online Program Act or this rule on a case-by-case basis.

(b) The Superintendent shall report decisions described in Subsection (13)(a) to the Board consistent with the purposes of the law and this rule.

 

R277-726-7. Provider Requirements and Responsibilities.

[A.](1)(a) A [P]provider[s] shall administer state[-designated]wide assessments as directed by the [Board]Superintendent, including proctoring statewide assessments, consistent with Section 53A-15-1210 and Rule R277-4[73]04.

(b) A [P]provider[s] shall pay administrative and proctoring costs for all state[-designated]wide assessments.

[B.](2) A [P]provider[s] shall provide a parent[s/] or a student[s] with email and telephone contacts for the [P]provider during regular business hours in order to facilitate parent information.

[C.](3) A [P]provider[s] and any third part[ies]y working with a [P]provider[s] shall, for all eligible students, satisfy all Board requirements for:

(a) consistency with course [curriculum,]standards;

(b) criminal background checks for [P]provider employees[,];

(c) documentation of student enrollment and participation ; and

(d) compliance with:

(i) the IDEA[,];

(ii) Section 504[,]; and

(iii) requirements for ELL students[for all eligible students].

[D.](4) A [P]provider[s] shall receive payments for a student[s] properly enrolled in the [P]program from the [USOE]Superintendent consistent with:

(a) Board procedures[,];

(b) Board timelines; and

(c) Sections 53A-15-1206, 53A-15-1206.5, 53A-15-1207 , and 53A-15-1208.

[E.](5)(a) A [P]provider[s] may charge a fee[s] consistent with other secondary schools.

(b) If [the]a [P]provider intends to charge a fee[s], the [P]provider:

([1]i) shall notify the primary school of enrollment with whom the [P]provider has the CCA of the purpose for fees[,] and amounts of fees[, and];

(ii) provide timely notice to a parent[s] of required fees and fee waiver opportunities[, and];

(iii) post fees on the [P]provider website[.]; and

([2]iv) shall be responsible for fee waivers for an eligible student[s], including all materials for a student[s] designated fee waiver eligible by a student's primary school of enrollment.

[F.](6) A [P]provider[s] shall maintain a student 's records and comply with the federal Family Educational Rights and Privacy Act, Title 53A, Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act, and Rule R277-487, including protecting the confidentiality of a student 's records and providing a parent[s] and an eligible student[s] access to records.

[G.](7) Except as provided in Subsection R277-726-[8A]9, [the P]a provider shall submit a student's credit and grade[within 30 days after a student satisfactorily completes an online semester course] to the [USOE]Superintendent, primary school of enrollment, and the student's parent[(s).]no later than:

(a) 30 days after a student satisfactorily completes an online semester or quarter course; or

(b) June 30 of the school year.

[H.](8) A [P]provider[s shall]may not withhold a student 's['] credits, grades, or transcripts from the student[s], parent[s], or the student 's['] school[s] of enrollment for any reason.

[I.](9)(a) If a [P]provider [desires]seeks to suspend a student from an online course for disciplinary reasons, the [P]provider is responsible for all student due process procedures, including the [Individuals with Disabilities Education Act (]IDEA[) 20 U.S.C. 1400] and Section 504 of the Rehabilitation Act of 1973.

(b) A provider shall notify the Superintendent of a student's withdrawal, [I]if [a]the student is suspended for more than 10 days[, the Provider shall notify the USOE of a withdrawal].

[J.](10)(a) A [P]provider[s] shall provide to the [USOE]Superintendent a list of course options using [the]USOE-provided course codes .

(b)[(a] All program courses shall be coded as semester or quarter courses[)].

(c) [Course offerings]A provider shall[be] update[d] the provider's course offerings in January and August annually.

[K.](11) A [P]provider[s] shall serve a[ll] student[s] on a first-come-first-served basis who desires to take courses and who [are]is designated eligible by a primary school of enrollment if desired courses have space available.

[L.](12) A [P]provider[s] shall provide all records maintained as part of a public online school or program, including :

(a) financial and enrollment records[,]; and

(b) information for accountability and audit purposes upon request by the [USOE,]Superintendent and the [P]provider's external auditor[(]s[)].

[M.](13) A [P]provider[s] shall maintain documentation of student work, including dates of submission, for [P]program audit purposes.

[N.](14) A [P]provider[s are primarily]is responsible for complete and timely submissions of record changes to executed CCAs and submission of other reports and records as required by the [USOE]Superintendent.

[O.](15) A [P]provider[s] shall inform a student[s] and the student's parent[s] of expectations for active participation in course work.

[P.](16) An LEA[s] may participate in the [P]program as a [P]provider[s] by offering a school[s] or program[s or both] to a Utah student[s] in grades 9-12 who [are]is not a resident student[s] of the LEA consistent with Section 53A-15-1205([3]2).

[Q.](17) A [P]program school[s] or program[s] shall:

([1]a) [shall ]be accredited by the [Northwest Accreditation Commission]accrediting entity adopted by the Board consistent with Rule R277-41[3]0;

([2]b) [shall ]have a designated administrator who meets the requirements of Section 53A-6-110[or Section 53A-1a-512(5)];

([3]c) [shall ]ensure that a student[s] who qualif[y]ies for a fee waiver[s] shall receive all services offered by and through the public schools consistent with Section 53A-12-103 and Rule R277-407;

([4]d) [shall ]maintain student records consistent with :

(i) the federal Family Educational Rights and Privacy Act, 20 U.S.C. Sec 1232g and 34 CFR Part 99; and

(ii) Rule R277-487; and

([5]e) shall offer course work :

(i) aligned with Utah Core standards[,];

(ii) [course]in accordance with program requirements[,]; and

(iii) in accordance with the provisions of Rules R277-700 and R277-404[, and R277-473].

[R.](18) An LEA[s] that offers an online program[s] or school[s] as a [P]provider[s] under the [P]program:

([1]a) shall employ only licensed Utah educators as teachers;

([2]b) [shall]may not employ an individual[s] whose educator license[s] ha[ve]s been suspended or revoked;

([3]c) shall require all employees to meet requirements of Sections [53A-3-410 and R277-516]53A-15-1503 and 53A-15-1504 prior to the [P]provider offering services to a student[s];

([4]d) [shall]may only employ teachers who meet the requirements of Rule R277-510, Educator Licensing - Highly Qualified Assignment;

([5]e) shall agree to administer and have the capacity to carry out state[-designated]wide assessments, including proctoring statewide assessments, consistent with Section 53A-15-1210(2)[,] and Rule R277-404[and R277-473];

([6]f) in accordance with Section R277-726-8, shall provide services to a student[s] consistent with requirements of the IDEA, Section 504, and Title VI of the Civil Rights Act of 1964 for English Language Learners (ELL);

([7]g) shall maintain copies of all CCAs [(]for audit purposes[)]; and

([8]h) shall agree that funds shall be withheld by the [USOE]Superintendent consistent with Section s 53A-15-1206 and 53A-15-1206.5.

(19) A [P]provider shall cooperate with the [USOE]Superintendent in providing timely documentation of student participation, enrollment, and other additional data consistent with Board directives and procedures and as requested[; and].

[(9) shall ensure that third parties assisting with LEA online schools or programs comply with R277-726-7R, R277-404 and R277-473.]

[S.](20) A [P]provider[s] shall post all required information online on the[ir]provider's individual website[s] including required assessment and accountability information.

 

R277-726-8. Services to Students with Disabilities Participating in the Program.

(1)(a) If a student requests services related to a Section 504 accommodation under the Americans with Disabilities Act, a provider shall:

(i) except as provided in Subsection (1)(b), prepare a Section 504 plan for the student; and

(ii) provide the services or accommodations to the student in accordance with the student's Section 504 plan.

(b) An LEA of enrollment shall provide a Section 504 plan of a student described in Subsection (1)(a) to a provider within 72 business hours if:

(i) the student is enrolled in a primary LEA of enrollment; and

(ii) the primary LEA of enrollment has a current Section 504 plan for the student.

(2) For a student enrolled in a primary LEA of enrollment, if a student participating in the program qualifies to receive services under the IDEA:

(a) the student's primary LEA of enrollment shall:

(i) prepare an IEP for the student in accordance with the timelines required by the IDEA;

(ii) provide the IEP described in Subsection (2)(a)(i) to the provider within 72 business hours of completion of the student's IEP; and

(iii) continue to claim the student in the primary LEA of enrollment's membership; and

(b) the provider shall provide special education services to the student in accordance with the student's IEP described in Subsection (2)(a)(i).

(3) If a home or private school student participating in the program qualifies to receive special education services under the IDEA, the home or private school student:

(a) may waive the student's right to receive the special education services; or

(b) subject to the requirements of Subsection (4), enroll in the home or private school student's resident school for the purpose of receiving special education services.

(4) If a home or private school student requests to receive special education services as described in Subsection (3)(b):

(a) the home or private school student's resident school shall:

(i) prepare an IEP for the student in accordance with the timelines required by the IDEA;

(ii) provide the IEP described in Subsection (4)(a)(i) to the provider within 72 business hours of completion of the student's IEP; and

(iii) claim the student in the resident school's membership; and

(b) the provider shall provide special education services to the student in accordance with the student's IEP described in Subsection (4)(a)(i).

 

R277-726-[8]9 . Other Information.

[A.](1) A [P]primary school[s] of enrollment shall set reasonable timelines and standards[ and].

(2) A [P]provider[s] shall adhere to timelines and standards described in Subsection (1) for student grades and enrollment in online courses for purposes of:

([1]a) school awards and honors;

([2]b) Utah High School Activities Association participation; and

([3]c) high school graduation.

[B. Withholding of the online course payment from a primary LEA of enrollment and payments to the eligible Provider shall occur at the nearest monthly transfer of funds subject to verification of information, in an amount consistent with and at the time a Provider qualifies to receive payment under Section 53A-15-1206(4).

C. The USOE shall pay the Provider consistent with Minimum School Program funding transfer schedules.

D. The Superintendent or the Superintendent's designee may make decisions on questions or issues unresolved by Section 53A-15-1002 et seq. or R277-726 on a case-by-case basis. The Superintendent shall report decisions to the Board consistent with the purposes of the law and this rule.]

 

KEY: statewide online education program

Date of Enactment or Last Substantive Amendment: [October 9, 2012]2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-15-1210; 53A-15-1213; 53A-1-401(3)