§ 53F-6-501 — Utah Private Course Choice Empowerment program.

(1) As used in this section:
(1)(a) "Authorized online course provider" or "provider" means a provider approved by the program manager to offer online courses through the program.
(1)(b) "Blended learning" means an education model that:
(1)(b)(i) combines in-person and online or digital instruction and learning activities;
(1)(b)(ii) allows students to receive instruction through:
(1)(b)(ii)(A) direct, in-person interaction with an instructor;
(1)(b)(ii)(B) digital or online content and activities; or
(1)(b)(ii)(C) a combination of both in-person and online methods;
(1)(b)(iii) may include hybrid teaching formats where:
(1)(b)(iii)(A) some students participate in-person while others participate remotely; or
(1)(b)(iii)(B) instruction alternates between in-person and online delivery; and
(1)(b)(iv) provides students flexibility in time, place, path, or pace of learning.
(1)(c) "Contract administrator" means the state board's appointed Deputy Superintendent of Operations that ensures the program manager meets contractual obligations.
(1)(d) "Contract oversight and compliance" means the oversight and coordination functions performed by the Department of Operations contract administrator, including:
(1)(d)(i) establishing and maintaining program standards within a contract with a program manager;
(1)(d)(ii) determining operational requirements and structures;
(1)(d)(iii) procuring and managing contracts for program services and standards;
(1)(d)(iv) ensuring program integrity through direct or contracted oversight;
(1)(d)(v) coordinating program functions and contracted services with a program manager; and
(1)(d)(vi) maintaining appropriate separation between government oversight and independent program operations.
(1)(e) "Contracted entity" means an organization that:
(1)(e)(i) contracts with the state board to perform duties and functions necessary for program administration and operations;
(1)(e)(ii) is not affiliated with any international organization;
(1)(e)(iii) does not harvest data for the purpose of reproducing or distributing the data to other entities;
(1)(e)(iv) has no involvement in guiding or directing any curriculum or curriculum standards; and
(1)(e)(v) performs the specific duties and functions assigned in the contract with the state board.
(1)(f) "Department of Operations" means the section of the state board that oversees financial operations, procurement operations, data and statistics operations, school land trust, and information technology operations for the state board.
(1)(g) "Eligible student" means a student:
(1)(g)(i) who attends a private school whose parent is a resident of Utah; or
(1)(g)(ii) who is an exchange student residing in Utah and enrolled in a private school in Utah.
(1)(h) "Online course" means a course of instruction for grades 6 through 12 offered through the program using digital technology, including:
(1)(h)(i) an exclusively online learning and instructional model; or
(1)(h)(ii) blended learning models.
(1)(i) "Private school" means the same as term is defined in Section 53F-6-401.
(1)(j) "Program" means the Utah Private Course Choice Empowerment program created in this section.
(1)(k) "Program manager" means a contracted entity that, at the time of application, demonstrates the ability without external contracts to internally meet the qualifications specified in this section, that is contracted by the state board to administer the Utah Private Course Choice Empowerment program, including:
(1)(k)(i) the ability to manage, distribute, and transact program funds;
(1)(k)(ii) capacity to create and maintain a user-friendly website;
(1)(k)(iii) the ability to verify a student's eligibility based on the requirements of this part;
(1)(k)(iv) capacity to process provider payments and maintain financial records;
(1)(k)(v) ability to track, monitor, and report program enrollment, participation, and outcomes at both provider and individual student levels; and
(1)(k)(vi) maintenance of a publicly accessible provider list, including:
(1)(k)(vi)(A) the capability to allow a student or a student's parent to rate, review, and share information about providers; and
(1)(k)(vi)(B) appropriate links to a provider's course catalog.
(2) The program is created to enable an eligible student to engage in taking online courses.
(3) The purposes of the program are to:
(3)(a) provide a student with access to online learning options regardless of where the student attends school, including blended learning settings;
(3)(b) provide digital learning options for a student regardless of language, residence, family income, or special needs;
(3)(c) utilize the power and scalability of technology to customize education so that a student may learn in the student's own style preference and at the student's own pace;
(3)(d) provide greater access to self-paced programs enabling a high achieving student to accelerate academically, while a struggling student may have additional time and help to gain competency;
(3)(e) allow a student to customize the student's schedule to better meet the student's academic goals;
(3)(f) provide quality learning options to better prepare a student for post-secondary education and career opportunities; and
(3)(g) support flexible learning environments through blended learning options that combine the benefits of both in-person and online instruction to enhance student engagement and achievement.
(4) An eligible student may enroll in an online course offered through the program if:
(4)(a) the student meets the course prerequisites; and
(4)(b) the course is open for enrollment.
(5) (5)(a) An eligible student may enroll in online courses up to the equivalent of six credits per school year.
(5)(b) Notwithstanding Subsection (5)(a), if an eligible student is also a scholarship student as defined in Section 53F-6-401, the student may enroll in online courses up to the equivalent of four credits per school year.
(6) (6)(a) No later than April 1, 2025, the state board shall:
(6)(a)(i) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, enter in an agreement with one or more contracted entities to serve as a program manager for the program, including management of the funds appropriated for the program;
(6)(a)(ii) ensure the initial contract is no more than a three-year contract with annual renewal options subject to performance review and compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
(6)(a)(iii) ensure the contract:
(6)(a)(iii)(A) clearly delineates the specific duties and functions to be performed;
(6)(a)(iii)(B) ensures the efficiency and success of the program;
(6)(a)(iii)(C) maintains appropriate separation between program and contract administration and direct educational services;
(6)(a)(iii)(D) preserves the independence of educational decisions made between parents and providers; and
(6)(a)(iii)(E) does not impose any requirements on the program manager that are not essential to the basic administration of the program or create restrictions, directions, or mandates regarding instructional content or curriculum.
(6)(b) The state board shall perform contract oversight and compliance through the contract administrator, who shall:
(6)(b)(i) regulate and take enforcement action as necessary against a program manager in accordance with the provisions of the state board's agreement with the program manager;
(6)(b)(ii) ensure the program manager adheres to all contractual obligations;
(6)(b)(iii) review all program reports and financial records;
(6)(b)(iv) conduct regular compliance audits; and
(6)(b)(v) evaluate the program manager's performance annually.
(6)(c) The state board shall not include a provision in any rule that creates or implies a restriction, direction, or mandate regarding program administration, including student enrollment, payments to providers, instructional content, or curriculum.
(6)(d) The state board, in collaboration with the contract administrator, may:
(6)(d)(i) distribute program functions among multiple contracted entities, including:
(6)(d)(i)(A) program management functions;
(6)(d)(i)(B) financial processing and payment functions;
(6)(d)(i)(C) provider management functions; and
(6)(d)(i)(D) other administrative functions as needed; and
(6)(d)(ii) ensure appropriate coordination between all contracted entities through clearly defined roles and responsibilities in each contract.
(7) (7)(a) The program manager shall:
(7)(a)(i) administer the program;
(7)(a)(ii) ensure an eligible student can navigate to all authorized online course providers' enrollment platforms or tools for the program;
(7)(a)(iii) approve and oversee authorized online course providers;
(7)(a)(iv) establish guidelines for qualifying providers and courses;
(7)(a)(v) manage funds appropriated for the program;
(7)(a)(vi) make payments to authorized online course providers that may not include transaction fees of any kind;
(7)(a)(vii) as described in Subsection (19), provide an annual report on the performance of the program to the Education Interim Committee; and
(7)(a)(viii) ensure compliance with applicable laws and regulations.
(7)(b) The program manager shall maintain detailed financial records subject to review by the contract administrator, including:
(7)(b)(i) all course payments processed;
(7)(b)(ii) provider payment histories;
(7)(b)(iii) administrative costs; and
(7)(b)(iv) audit results.
(8) The state board may regulate and take enforcement action as necessary against a program manager in accordance with the provisions of the state board's agreement with the program manager.
(9) (9)(a) If the state board determines that a program manager has violated a provision of this part or a provision of the state board's agreement with the program manager, the state board shall send written notice to the program manager explaining the violation and the remedial action required to correct the violation.
(9)(b) A program manager that receives a notice described in Subsection (9)(a) shall, no later than 60 days after the day on which the program manager receives the notice, correct the violation and report the correction to the state board.
(9)(c) (9)(c)(i) If a program manager that receives a notice described in Subsection (9)(a) fails to correct a violation in the time period described in Subsection (9)(b), the state board may bar the program manager from further participation in the program.
(9)(c)(ii) A program manager may appeal a decision of the state board under Subsection (9)(c)(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(9)(d) A program manager may not accept state funds while the program manager:
(9)(d)(i) is barred from participating in the program under Subsection (9)(c)(i); or
(9)(d)(ii) has an appeal pending under Subsection (9)(c)(ii).
(9)(e) A program manager that has an appeal pending under Subsection (9)(c)(ii) may continue to administer online courses during the pending appeal.
(10) The program manager shall approve online course providers to offer courses through the program.
(11) (11)(a) Subject to Subsection (11)(b), the program manager shall establish a process to approve an entity as an authorized online course provider, including:
(11)(a)(i) the entity's demonstration of at least three years of experience in either:
(11)(a)(i)(A) developing and delivering proprietary digital coursework for students; or
(11)(a)(i)(B) successfully aggregating and managing third-party digital education providers and courses for students;
(11)(a)(ii) the ability to provide a publicly available user-friendly website for an eligible student, including:
(11)(a)(ii)(A) an accessible course enrollment system;
(11)(a)(ii)(B) comprehensive provider and course information; and
(11)(a)(ii)(C) program participation metrics;
(11)(a)(iii) verification that within the past five years, the entity:
(11)(a)(iii)(A) has not been subject to sanctions;
(11)(a)(iii)(B) has not undergone investigations;
(11)(a)(iii)(C) has not had adverse findings in malfeasance audits; and
(11)(a)(iii)(D) has not received other official censures in any state where it delivers digital courses;
(11)(a)(iv) certification that the entity is not currently named in any lawsuit or ongoing civil litigation in any state where the entity delivers digital courses; and
(11)(a)(v) the entity's demonstrated capacity to:
(11)(a)(v)(A) evaluate and monitor course quality and content;
(11)(a)(v)(B) verify instructor qualifications and experience;
(11)(a)(v)(C) ensure instructor technical competency;
(11)(a)(v)(D) conduct instructor background checks;
(11)(a)(v)(E) provide regular professional development;
(11)(a)(v)(F) implement student safety policies;
(11)(a)(v)(G) maintain data privacy and security;
(11)(a)(v)(H) enforce a learner code of conduct; and
(11)(a)(v)(I) uphold academic integrity standards.
(11)(b) In accordance with Subsection (13), the program manager shall allow all authorized online course providers and courses the state board has approved up to July 1, 2024, for the Statewide Online Education Program described in Title 53F, Chapter 4, Part 5, Statewide Online Education Program, to be offered to private school students.
(12) The program manager may revoke approval of an authorized online course provider for non-compliance with program requirements described in this section or poor performance as the program manager determines.
(13) The program manager shall establish a process for reviewing and approving courses to be offered through the program, including:
(13)(a) submission of the following course information:
(13)(a)(i) course title;
(13)(a)(ii) course fee;
(13)(a)(iii) subject area; and
(13)(a)(iv) if applicable, credits earned;
(13)(b) description of course organization, including:
(13)(b)(i) modules, units, or chapters;
(13)(b)(ii) frequency of assessments; and
(13)(b)(iii) overall course length;
(13)(c) course pacing information, including:
(13)(c)(i) recommended standard course pace progression;
(13)(c)(ii) expected weeks of study per semester of content; and
(13)(c)(iii) acknowledgment of a student's flexibility to adjust course pace;
(13)(d) course withdrawal policy;
(13)(e) final completion deadline for the course;
(13)(f) summary description of course subject matter content;
(13)(g) course prerequisites, if any;
(13)(h) required course materials, including:
(13)(h)(i) technology requirements; and
(13)(h)(ii) tangible materials needed for course completion;
(13)(i) alignment with any applicable:
(13)(i)(i) industry standards;
(13)(i)(ii) state board standards;
(13)(i)(iii) National Collegiate Athletic Association requirements; or
(13)(i)(iv) accreditation requirements;
(13)(j) method of course instruction and delivery;
(13)(k) description of instructional support, including:
(13)(k)(i) frequency of instructor-initiated one-on-one progress checks;
(13)(k)(ii) frequency of instructor-led tutoring;
(13)(k)(iii) availability of small-group tutoring;
(13)(k)(iv) frequency of synchronous one-on-one instructor-led checks for a student's understanding; and
(13)(k)(v) regular student interaction with educators;
(13)(l) student-to-teacher ratio;
(13)(m) for blended or hybrid format courses:
(13)(m)(i) a description of in-person instruction components; and
(13)(m)(ii) any waiver for online instructional support requirements when a student receives real-time in-person instruction for a portion of the course; and
(13)(n) prohibiting credit recovery courses or packet-based courses.
(14) The program manager shall ensure the review process described in Subsection (13):
(14)(a) does not require an authorized online course provider to alter the provider's:
(14)(a)(i) creed;
(14)(a)(ii) practices;
(14)(a)(iii) admissions policies;
(14)(a)(iv) hiring practices; or
(14)(a)(v) curricula, including any religious course or course content;
(14)(b) maintains an authorized online course provider's autonomy while accepting program funds; and
(14)(c) provides for a regular renewal of:
(14)(c)(i) a course approval; and
(14)(c)(ii) an authorized online course provider's authorization based on criteria, including:
(14)(c)(ii)(A) a course completion rate of at least 80%;
(14)(c)(ii)(B) reviews of the courses provided by a parent or eligible student; and
(14)(c)(ii)(C) if applicable, fidelity to the approval criteria described in Subsection (11).
(15) An authorized online course provider shall:
(15)(a) for each course offered, establish reasonable:
(15)(a)(i) course lengths;
(15)(a)(ii) standardized completion deadlines that are the same for all courses offered by the provider;
(15)(a)(iii) standardized withdrawal deadlines that are the same for all courses offered by the provider; and
(15)(a)(iv) course fees;
(15)(b) submit the information described in Subsections (13) and (15)(a) to the program manager for approval;
(15)(c) ensure the information described in Subsections (13) and (15)(a) are correctly posted with each course listing; and
(15)(d) report enrollment and withdrawal data to the program manager within five business days.
(16) Subject to legislative appropriation, the program manager shall manage program funds to administer the program, including:
(16)(a) paying a course fee to an authorized online course provider as follows:
(16)(a)(i) 60% of the course fee paid upon an eligible student's enrollment; and
(16)(a)(ii) 40% of the course fee paid upon the eligible student's completion of the course;
(16)(b) if the student does not complete the course by the deadline the authorized online course provider establishes as described in Subsection (15), disqualifying an authorized online course provider from receiving the 40% of the course fee as described in Subsection (16)(a)(ii);
(16)(c) processing payments to a provider within 30 days of relevant deadlines for enrollment, withdrawal, or course completion; and
(16)(d) establishing a payment structure for payments made to a provider that ensures no transaction fees are passed on to the provider.
(17) Subject to legislative appropriation, the Legislature shall:
(17)(a) provide funds for the program that are separate from funding for public education programs; and
(17)(b) adjust the appropriation based on anticipated enrollment increases in the program.
(18) The program manager may use a percentage of the appropriation described in Subsection (17) for administrative costs as follows:
(18)(a) up to 8% of the appropriation for administrative costs when the total annual appropriation from the Legislature is $10,000,000 or less; and
(18)(b) up to 5% of the appropriation for administrative costs when the total annual appropriation from the Legislature exceeds $10,000,000.
(19) The program manager shall provide an annual report to the Education Interim Committee regarding the performance of the program, including:
(19)(a) number of students served;
(19)(b) courses offered and completed;
(19)(c) student progress and completion rates; and
(19)(d) financial information and use of funds.
(20) The program manager shall establish a comprehensive system for monitoring providers, including:
(20)(a) regular performance reviews based on:
(20)(a)(i) student completion rates;
(20)(a)(ii) student academic progress metrics;
(20)(a)(iii) instructor qualifications and performance;
(20)(a)(iv) course content quality and alignment; and
(20)(a)(v) technical system reliability;
(20)(b) annual compliance audits of:
(20)(b)(i) financial records;
(20)(b)(ii) student data privacy practices; and
(20)(b)(iii) security protocols; and
(20)(c) regular provider site visits that occur at least once per academic year.
(21) On or before July 1, 2025, and as frequently as necessary to maintain the information, the state board shall provide information on the state board's website, including:
(21)(a) information on the program manager, including the program manager's contact information; and
(21)(b) an overview of the program.
(22) In the event of the expiration or termination of a program manager contract, or the inability of a program manager to perform required duties:
(22)(a) the Department of Operations shall serve as a temporary bridge program administrator solely during the time required to:
(22)(a)(i) maintain essential program operations; and
(22)(a)(ii) complete the procurement process for selecting a new program manager;
(22)(b) the Department of Operations shall immediately initiate and complete the procurement process described in this section in an expedited manner;
(22)(c) the Department of Operations shall establish clear timelines and procedures for the transition process between the previous program manager to the Department of Operations to the new program manager; and
(22)(d) the Department of Operations shall provide proper notice to and coordinate with:
(22)(d)(i) authorized online course providers;
(22)(d)(ii) parents;
(22)(d)(iii) the state board; and
(22)(d)(iv) other affected parties.

Legislative History

Enacted by Chapter 541, 2025 General Session