§ 53F-4-514 — State board -- Rulemaking -- Fees.

(1) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall provide a delayed effective date that is after the school year has ended for a change to an administrative rule related to the Statewide Online Education Program if the change would require an authorized online course provider to make program changes during the school year.
(2) The state board shall make rules in accordance with this part and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish:
(2)(a) a course credit acknowledgement form and procedures for completing and submitting to the state board a course credit acknowledgement;
(2)(b) procedures for the administration of a statewide assessment to a student enrolled in an online course;
(2)(c) protocols for an online course provider to obtain approval to become a certified online course provider, including:
(2)(c)(i) the application procedure for an online course provider to obtain approval to become a certified online course provider; and
(2)(c)(ii) the standards that a certified online course provider and any online course the certified online course provider offers shall meet;
(2)(d) in accordance with Title 53E, Chapter 4, Academic Standards, Assessments, and Materials, criteria for an authorized online course provider to submit for approval an online course that does not have an existing state board course code; and
(2)(e) a process within existing systems at the state board to allow a certified online course provider access to an educator's licensing, endorsement, certification, and assignment information if the educator is teaching an online course for the certified online course provider;
(2)(f) in consultation with the authorized online course providers, the parameters for conducting a site visit including:
(2)(f)(i) a definition for the term, site visit;
(2)(f)(ii) the minimum amount of time required for:
(2)(f)(ii)(A) notice to an authorized online course provider of a site visit; and
(2)(f)(ii)(B) an authorized online course provider to prepare for a site visit;
(2)(f)(iii) the documents, data, and artifacts subject to inspection during a site visit; and
(2)(f)(iv) a process to ensure a site visit allows for observation of instruction without interfering with the instruction;
(2)(g) annual mandatory training for relevant staff at a primary LEA that includes:
(2)(g)(i) program requirements for a primary LEA including reporting requirements and methods;
(2)(g)(ii) uses of resources and tools to ensure adequate monitoring of an eligible student's progress;
(2)(g)(iii) federal and state requirements for accommodating enrollments that involve special education;
(2)(g)(iv) appropriate circumstances and methodologies for reducing an eligible student's schedule; and
(2)(g)(v) other components the state board determines are necessary.
(3) (3)(a) When establishing the standards described in Subsection (2)(c)(ii) the state board shall:
(3)(a)(i) establish rules and minimum standards regarding accreditation;
(3)(a)(ii) require an online course to be aligned with the core standards described in Section 53E-4-202;
(3)(a)(iii) require proof that a national organization responsible for college athletics endorses:
(3)(a)(iii)(A) the certified online course provider; or
(3)(a)(iii)(B) the online course that a certified online course provider offers;
(3)(a)(iv) permit an open-entry, open-exit method of instructional delivery that allows a student the flexibility to:
(3)(a)(iv)(A) schedule in response to individual needs or requirements;
(3)(a)(iv)(B) demonstrate competency when the student has mastered knowledge and skills;
(3)(a)(iv)(C) begin or end study at any time; and
(3)(a)(iv)(D) progress through course material at the student's own pace; and
(3)(a)(v) except as provided in Subsection (5), require an individual who teaches a course for a certified online course provider to hold a teaching license issued by the state board.
(3)(b) When establishing the standards described in Subsection (2)(c)(ii), the state board may not:
(3)(b)(i) specify a minimum duration for an online course;
(3)(b)(ii) specify a minimum amount of time that a student must spend in an online course; or
(3)(b)(iii) limit the class size of an online course.
(4) No later than January 31, 2026, the state board shall create a communication dashboard for the program that may include:
(4)(a) a counselor contact list for an eligible student that is accessible to an authorized online course provider; and
(4)(b) progress monitoring fields that are accessible to the primary LEA, the eligible student's counselor, and the eligible student's parent containing:
(4)(b)(i) grade progress reporting of an eligible student by an authorized online course provider;
(4)(b)(ii) an ability to flag a student that is at-risk of failing an online course; and
(4)(b)(iii) other relevant capabilities the state board determines to be necessary in consultation with LEA users of the dashboard.
(5) If an individual possesses a provider-specific license described in Section 53E-6-201, the state board may not prohibit the individual from teaching an online course for an authorized online course provider while the individual is in the process of obtaining an endorsement or additional license issued by the state board.
(6) The state board may establish a fee, in accordance with Section 63J-1-504, in an amount to pay the costs to the state board of the application approval process and the monitoring of a certified online course provider's compliance with the standards described in Subsection (2)(c)(ii).
(7) (7)(a) Fee revenue collected in accordance with Subsection (6) shall be:
(7)(a)(i) deposited into the Uniform School Fund as a dedicated credit; and
(7)(a)(ii) used to pay the costs to the state board of reviewing certified online course providers' applications and compliance with the standards described in Subsection (2)(c)(ii).

Legislative History

Amended by Chapter 523, 2025 General Session