DAR File No. 39996
This rule was published in the January 1, 2016, issue (Vol. 2016, No. 1) of the Utah State Bulletin.
Statewide Online Education Program
Notice of Proposed Rule
DAR File No.: 39996
Filed: 12/15/2015 02:11:26 PM
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.
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.
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
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@example.com
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:
This rule may become effective on:
Angela Stallings, Associate Superintendent, Policy and Communication
R277. Education, Administration.
R277-726. Statewide Online Education Program.
. Authority and Purpose.
A.] This rule is authorized by
Utah Constitution Article X, Section 3 which vests general control and supervision of public
education in the Board[
which requires the Board to make rules providing for the
administration of statewide assessments to students enrolled in
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[
S ection 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.
B.] The purpose of this rule is to
define necessary terms[
provide and describe a [
P]rogram registration agreement and
provide other requirements for
s], [ the ]USOE,
parent[ s] and
student[ s], and
[ P]rovider[ s] for [ P]rogram implementation and accountability.
A.] "Actively participates" means the student
actively participates as defined by the [ P]rovider.
B. "Board" means the Utah State Board of
C.] "Course completion" means that a student has
completed a course with a passing grade and the [ P]rovider has transmitted the grade and credit to
primary LEA of enrollment.
D.] "Course Credit Acknowledgment
[ (]CCA[ )]" means [ the] agreement and registration record using [ the ]USOE provided Statewide Online Education
T]he CCA shall be signed by the[ student, parent,] designee of
primary school of enrollment
qualified [ P]rovider.
E.] "Eligible student" means a student enrolled in
grades 9-12 in a public school, but does not include
student[ s] enrolled in
adult education program[ s].
F.] "Enrollment confirmation" means the student
initially registered and actively participated, as defined under
G.] "Executed CCA" means
all parties [ have signed the CCA and the CCA has been] received by[ the] USOE.
Following enrollment confirmation and participation, [
the ]USOE directs funds to
[ P]rovider, consistent with Sections 53A-15-1206,
H.] "LEA" [ means a]
local education agency
[ , including local school boards/public school districts,
charter schools, and,] for purposes of this rule[ ,]
the Utah Schools for the Deaf and the Blind.
I.] "Online course" means a course of instruction
offered through the Statewide Online Education Program.
J.] "Online course payment" means the amount
withheld from [ the] student's primary LEA and disbursed to the designated
[ P]rovider following satisfaction of the requirements of the
law, and as directed in Section 53A-15-1207.
K.] "Online course provider
[ (P]rovider[ )]" means
a charter school[
an LEA program created for the purpose of serving Utah
grades 9-12 online[
L.] "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.] "Primary school of enrollment" means
a student's school of record[
, where the student takes the majority of his
the school that maintains the student's cumulative file, enrollment information and transcript .
N. "SEOP" means student education occupation plan
as defined in R277-700.]
O.] "Statewide assessment" means [ Criterion-Referenced] test[ s] or [ computer adaptive tests] required under
P.] "Statewide Online Education Program
[ (P]rogram[ )]" means courses offered to students under [ Section 53A-15-1201 through 53A-15-1217].
Q. "USOE" means the Utah State Office of
R.] "USOE course code" means a code for a
designated subject matter course assigned by the [ USOE].
S.] "Withdrawal from online course" means that a
student withdraws or ceases participation in an online course as
1]) within 20 calendar days of the start date of the course,
if the student enrolls on or before the start date;
2]) within 20 calendar days of enrolling in a course, if the
student enrolls after the start date; or
3]) within 20 calendar days after the start date of the
second .5 credit of a 1.0 credit course;
4]) as the result of a student suspension from an online
course following adequate documented due process by the [ P]rovider.
R277-726-3. Course Credit Acknowledgment (CCA) Process.
A.] A student, a student's parent
or a [ P]rovider may initiate a CCA.
B.] A counselor designated by [ the] primary school of enrollment shall review
CCA to ensure consistency with
the student's SEOP[
the student's [
Individualized Education Plan (]IEP[ ),]
the student's Section 504 plan[
the student's international baccalaureate program[
, if applicable].
The primary school of enrollment shall return the CCA to
USOE] within 72 business hours.
C.] A [ P]rovider
[ USOE] if the course is consistent with the
The primary school of enrollment [
meet with the student or parent
and shall be notified of such an] enrollment [ by the USOE].
D.] If [ the] student
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]rovider within 72 business hours of receiving notice from
the [ USOE] that the [ P]rovider has accepted the enrollment request.
E.] The [ USOE] shall develop and administer procedures for
facilitation of [ the] CCA that inform
all appropriate parties.
R277-726-4. Eligible Student[
Parent Rights and Responsibilities.
A.] [ E]ligible student[ s] may register for [ up to two P]rogram credits [ in the 2012-2013 school year][ ;]
however] 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.] A student enrolled in
[ P]rogram 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
C.] [ E]ligible student[ s] may register for more than [ two online] credits
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
the student's schedule demonstrates progress toward early graduation.
D.] [ E]ligible student[ s are] expected to complete courses in which the[ y] enroll
in a timely manner consistent with Section
If a student changes [
his] enrollment for any reason, it is the
parent's responsibility to notify the [ P]rovider immediately.
E.] [ S]tudent[ s] should enroll in online courses, or declare an
intention to enroll, during the high school course registration
period designated by the
for regular course registration.
F.] A student may alter a course schedule by dropping a
traditional course and adding an online course [ by] primary school of enrollment's
same established deadline for dropping and adding traditional
G.] Notwithstanding [ this], an underenrolled student may enroll in an
online course at any time during a calendar year.
this occurs], the primary school of
enrollment may immediately claim the student for the adjusted
portion of enrollment.
R277-726-5. LEA Requirements and Responsibilities.
A.] A primary school of enrollment shall facilitate student
enrollment with any and all eligible [ P]roviders selected by
eligible student[ s] consistent with course credit limits.
B.] A primary school of enrollment or a [ P]rovider LEA shall use the CCA form, records
and processes provided by the [ USOE] for the [ P]rogram.[ A school counselor or a Provider shall use a separate form
for each course selected by parent/student.]
C.] A primary school or LEA of enrollment shall provide
information about available online courses and programs
in registration materials
or through other reasonable communication and]
on the LEA's[
or school's] website
[ or using a link to the USOE's website]
D.] A primary school of enrollment shall include a
student's online courses in
student's enrollment records and, upon course
completion, include online course grades and credits on
State Board of Education (Board)]
Requirements and Responsibilities.
A.] The [ Board] shall develop and provide a website for the [ P]rogram that provides information required under Section
53A-15-1212 and other information as determined by the Board.
B.] The [ Board] shall direct
[ P]rovider[ s] to administer state[ -designated] assessments consistent with
R277-404[ and R277-473] for identified courses using
LEA-adopted and state-approved assessments.
C.] The Board may determine space availab[ le] standards and appropriate course load standards for
online courses consistent with S
ections 53A-15-1006(2) and 53A-15-1208(3)(d).
Course load standards may differ based on subject matter and differing accreditation standards.
D.] The Board shall withhold funds from
primary LEA[ s] of enrollment and make payments to
[ P]rovider[ s] consistent with Sections 53A-15-1206,
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
F.] 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] by any of the parties to a CCA.
G.] The [ USOE or the Board's designee] shall receive[ ,]
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] [ P]rogram.
H.] If a Board investigation finds that a [ P]rovider has violated
IDEA or Section 504 provisions for
student[ s] taking online courses, the [ P]rovider shall compensate the student's primary LEA of
enrollment for all costs related to compliance.
I.] The [ USOE] may audit, at the Board's sole
discretion, an LEA's or [ P]rogram participant's compliance with any requirement of
state or federal law or Board rule under the [ P]rogram.
All participants shall provide timely access to all
records, student information, financial data or other information
requested by the Board, the Board's auditors,
the Superintendent [
or the Superintendent's designee ]upon
J.] The Board may[ impose penalties,] withhold funds[ , or sanction]
[ P]rogram participant[ s] for
s[ '] failure to comply with
reasonable request[ s] for records or information.
K.] [ 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
R277-726-7. Provider Requirements and Responsibilities.
A.] [ P]rovider[ s] shall administer state[ -designated] assessments as directed by the [ Board], including proctoring
, consistent with Section 53A-15-1210
P]rovider[ s] shall pay administrative and proctoring costs
for all state[ -designated] assessments.
B.] [ P]rovider[ s] shall provide
student[ s] with email and telephone contacts for the [ P]rovider during regular business hours in order to
facilitate parent information.
C.] [ P]rovider[ s] and
third part[ ies] working with
[ P]rovider[ s] shall satisfy all Board requirements
consistency with course [
criminal background checks for [
P]rovider employees[ ,]
documentation of student enrollment and participation and
requirements for ELL students[
for all eligible students].
D.] [ P]rovider[ s] shall receive payments for
student[ s] properly enrolled in the [ P]rogram from the [ USOE] consistent with
Sections 53A-15-1206, 53A-15-1206.5, 53A-15-1207 and 53A-15-1208.
E.] [ P]rovider[ s] may charge
fee[ s] consistent with other secondary schools.
the] [ P]rovider intends to charge
fee[ s], the [ P]rovider:
1]) shall notify the primary school of enrollment with whom
the [ P]rovider has the CCA of the purpose for fees[ ,]
amounts of fees[ , and]
provide timely notice to
s] of required fees and fee waiver opportunities[ , and]
post fees on
P]rovider website[ .]
2]) shall be responsible for fee waivers for
eligible student[ s], including all materials for
student[ s] designated fee waiver eligible by a
student's primary school of enrollment.
F.] [ P]rovider[ s] shall maintain
records and comply with the federal Family
Educational Rights and Privacy Act, including protecting the
records and providing
parent[ s] and
eligible student[ s] access to records.
G.] Except as provided in
R277-726-[ 8A], [ the P]rovider shall submit a student's credit and grade[ within 30 days after a student satisfactorily completes an
online semester course] to the [ USOE], primary school of enrollment, and
H.] [ P]rovider[ s shall] not withhold
s[ '] credits, grades, or transcripts from
student[ s], parent[ s] or
s[ '] school[ s] of enrollment for any reason.
I.] If a [ P]rovider [ desires] to suspend a student from an online course for
disciplinary reasons, the [ P]rovider 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.
I]f [ a] student is suspended for more than 10 days[ , the Provider shall notify the USOE of a
J.] [ P]rovider[ s] shall provide to the [ USOE] a list of course options using [ the]USOE-provided course codes
courses shall be coded as semester
Course offerings] shall[ be] update[ d]
in January and August
K.] [ P]rovider[ s] shall serve a[ ll] student[ s] on a first-come-first-served basis who desire to take courses and who [ are] designated eligible by a primary school of enrollment if
desired courses have space available.
L.] [ P]rovider[ s] shall provide all records maintained as part of
a public online school or program, including
financial and enrollment records[
information for accountability and audit purposes upon
request by the [
USOE,] and the [ P]rovider's external auditor[ (]s[ )].
M.] [ P]rovider[ s] shall maintain documentation of student work,
including dates of submission, for [ P]rogram audit purposes.
N.] [ P]rovider[ s are primarily] responsible for complete and timely submissions of record
changes to executed CCAs and submission of other reports and
records as required by the [ USOE].
O.] [ P]rovider[ s] shall inform
student[ s] and
parent[ s] of expectations for active participation in
P.] LEA[ s] may participate in the [ P]rogram as
[ P]rovider[ s] by offering
school[ s] or program[ s or both] to
Utah student[ s] in grades 9-12 who [ are] not
resident student[ s] of the LEA consistent with Section
Q.] [ P]rogram school[ s] or program[ s]
1]) [ shall ]be accredited by the [ Northwest Accreditation Commission] consistent with
2]) [ shall ]have a designated administrator who meets
the requirements of Section 53A-6-110[ or Section 53A-1a-512(5)];
3]) [ shall ]ensure that
student[ s] who qualif[ y] for
fee waiver[ s] shall receive all services offered by and
through the public schools consistent with Section 53A-12-103 and
4]) [ shall ]maintain student records consistent with
the federal Family Educational Rights and Privacy Act, 34 CFR Part 99; and
5]) shall offer course work
aligned with Utah Core standards[
course] requirements[ ,] and
the provisions of
R277-700 and R277-404[
, and R277-473].
R.] LEA[ s] that offer online program[ s] or school[ s] as
[ P]rovider[ s] under the [ P]rogram:
1]) shall employ only licensed Utah educators as
2]) [ shall] not employ
individual[ s] whose educator license[ s] ha[ ve] been suspended or revoked;
3]) shall require all employees to meet requirements of
Section [ 53A-3-410 and R277-516] prior to the [ P]rovider offering services to
4]) [ shall] only employ teachers who meet the requirements of
R277-510, Educator Licensing - Highly Qualified
5]) shall agree to administer and have the capacity to carry
out state[ -designated] assessments, including proctoring
, consistent with Section
R277-404[ and R277-473];
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]) shall maintain copies of all CCAs [ (]for audit purposes[ )];
8]) shall agree that funds shall be withheld by the [ USOE] consistent with Section
P]rovider shall cooperate with the [ USOE] 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
S.] [ P]rovider[ s] shall post all required information online on
the[ ir] individual website[ s] including required assessment and
. Other Information.
A.] [ P]rimary school[ s] of enrollment shall set reasonable timelines
and standards[ and]
P]rovider[ s] shall adhere to timelines and standards
for student grades and
enrollment in online courses for purposes of:
1]) school awards and honors;
2]) Utah High School Activities Association participation;
3]) 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]
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-15-1210; 53A-15-1213; 53A-1-401(3)
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.