(1) Subject to Subsections (2), (9), and (12) and, for a public education student, with the advice of a school counselor at a student’s primary LEA, an eligible student may enroll in an online course offered through the Statewide Online Education Program if:

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Terms Used In Utah Code 53F-4-503

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Authorized online course provider: means the entities listed in Subsection 53F-4-504(1). See Utah Code 53F-4-501
  • Contract: A legal written agreement that becomes binding when signed.
  • Eligible student: means a student:
              (4)(a)(i) who intends to take a course for middle school or high school credit; and
              (4)(a)(ii)
                   (4)(a)(ii)(A) who is enrolled in an LEA in Utah;
                   (4)(a)(ii)(B) who attends a private school or home school andwhose custodial parent is a resident of Utah; or
                   (4)(a)(ii)(C) who is an exchange student residing in Utah and enrolled in an LEA or private school in Utah. See Utah Code 53F-4-501
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • High school: means grade 9, 10, 11, or 12. See Utah Code 53F-4-501
  • Online course: means a course of instruction offered by the Statewide Online Education Program through the use of digital technology, regardless of whether the student participates in the course at home, at school, at another location, or any combination of these. See Utah Code 53F-4-501
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Plan for college and career readiness: means the same as that term is defined in Section 53E-2-304. See Utah Code 53F-4-501
  • primary LEA: means the LEA in which an eligible student is enrolled for courses other than online courses offered through the Statewide Online Education Program. See Utah Code 53F-4-501
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) the student meets the course prerequisites;
     (1)(b) the course is open for enrollment; and
     (1)(c) the online course is aligned with the student’s plan for college and career readiness.
(2) An eligible student may enroll in online courses totaling up to six credits per school year.
(3) Notwithstanding Subsection (2):

     (3)(a) a student’s primary LEA of enrollment may allow an eligible student to enroll in online courses for more than the number of credits specified in Subsection (2); or
     (3)(b) upon the request of an eligible student, the state board or, in relation to a student who attends a private school or home school, the state board’s contractor, may allow the student to enroll in online courses for more than the number of credits specified in Subsection (2), if the online courses better meet the academic goals of the student.
(4) An eligible student’s primary LEA of enrollment:

     (4)(a) in conjunction with the student and the student’s parent, is responsible for preparing and implementing a plan for college and career readiness for the eligible student, as provided in Section 53E-2-304; and
     (4)(b) shall assist an eligible student in scheduling courses in accordance with the student’s plan for college and career readiness, graduation requirements, and the student’s post-secondary plans.
(5) An eligible student’s primary LEA of enrollment may not:

     (5)(a) impose restrictions on a student’s selection of an online course that fulfills graduation requirements and is consistent with the student’s plan for college and career readiness or post-secondary plans; or
     (5)(b) give preference to an online course or authorized online course provider.
(6) The state board, or, in relation to a student who attends a private school or home school, the state board’s contractor, including an employee of the state board or the state board’s contractor, may not give preference to an online course or authorized online course provider.
(7)

     (7)(a) Except as provided in Subsection (7)(b), a person may not provide an inducement or incentive to a public school student to participate in the Statewide Online Education Program.
     (7)(b) For purposes of Subsection (7)(a):

          (7)(b)(i) “Inducement or incentive” does not mean:

               (7)(b)(i)(A) instructional materials or software necessary to take an online course; or
               (7)(b)(i)(B) access to a computer or digital learning device for the purpose of taking an online course.
          (7)(b)(ii) “Person” does not include a relative of the public school student.
(8) The state board shall coordinate with the Utah System of Higher Education to study funding structures and access barriers related to concurrent enrollment for the Statewide Online Education Program and provide recommendations to the Education Interim Committee no later than the November 2024 meeting.
(9) Subject to legislative appropriations and for an eligible student who is enrolled at a public school, the state board shall provide Statewide Online Education Program academic counseling that:

     (9)(a) may advise an eligible student or an eligible student’s parent regarding an online course enrollment including how an online course relates to graduation requirements described in Section 53E-4-204 and administrative rule;
     (9)(b) provides the training described in Section 53F-4-514;
     (9)(c) provides technical support to an LEA, school-based counselor, eligible student, or eligible student’s parent;
     (9)(d) assists in gathering information, reports, and data an LEA requests; and
     (9)(e) directs an eligible student or an eligible student’s parent to a school-specific counselor for advice regarding an online course enrollment in relation to an LEA, or school-specific graduation requirement and all other counseling services.
(10) If an eligible student has an IEP or Section 504 accommodation plan:

     (10)(a) the eligible student’s primary LEA:

          (10)(a)(i) shall:

               (10)(a)(i)(A) forward a copy of the relevant portions of the eligible student’s existing IEP or Section 504 accommodation plan to the authorized online course provider in accordance with federal law and guidelines; and
               (10)(a)(i)(B) ensure the authorized online course provider is provided an eligible student’s updated IEP when revisions are made;
          (10)(a)(ii) may:

               (10)(a)(ii)(A) ensure the eligible student’s IEP team and the authorized online course provider review a course enrollment for compliance with requirements described in Subsection (1); and
               (10)(a)(ii)(B) as needed, coordinate additional IEP team reviews with the authorized online course provider to ensure appropriate services, supports, and accommodations are in place for the eligible student; and
     (10)(b) the authorized online course provider:

          (10)(b)(i) shall implement an eligible student’s IEP or Section 504 accommodation plan; and
          (10)(b)(ii) may seek assistance from the primary LEA to implement an eligible student’s IEP or Section 504 accommodation plan.
(11) The state board shall create a model cooperative agreement between a primary LEA and an authorized online course provider for use when the primary LEA determines that an authorized online course provider would best provide IEP services, including a requirement that the eligible student’s primary LEA provide funding for the IEP services.
(12) If the program lacks sufficient legislative appropriations to fund the enrollment in online courses for all eligible students who do not have a primary LEA of enrollment, the state board or, in relation to a student who attends a private school or home school, the state board’s contractor, shall prioritize funding the enrollment of an eligible student who intends to graduate from high school during the school year in which the student enrolls in an online course.
(13) No later than April 1, 2025, and in accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board shall use funds the state board expends to administer to the Statewide Online Education Program for students who attend private school or home school to alternatively contract with a private entity:

     (13)(a) that has demonstrated an expertise or ability to administer a statewide program to deliver education services to students who attend private school or home school; and
     (13)(b) to administer the portion of the Statewide Online Education Program that is designated for students who attend private school or home school, including providing an enrollment platform or tool separate from the enrollment tool or platform the state board provides for the program.
(14) The state board’s contractor described in Subsection (13) may use a percentage of the appropriation for home school and private school students that is equal to the proportion of the state board’s administrative cost in relation to the appropriation for students enrolled in an LEA.

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