01-17 10:50 S.B. 137
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Course Choice Empowerment
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
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LONG TITLE
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General Description:
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This bill establishes a private and home school online course choice program.
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Highlighted Provisions:
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This bill:
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▸ removes references to a contractor from the Statewide Online Education Program statute;
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▸ creates an online course choice program specifically for private and home school students;
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▸ requires the program be administered by an independent program manager contracted by
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the State Board of Education;
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▸ allows eligible students to earn credits through online courses, including courses in
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blended-learning environments;
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▸ requires separate funding from public education programs;
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▸ requires the program manager to:
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● approve and oversee course providers;
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● approve and oversee courses offered;
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● establish payment structure for courses; and
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● annually report on program performance; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53F-4-501, as last amended by Laws of Utah 2024, Third Special Session, Chapter 1
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53F-4-503, as last amended by Laws of Utah 2024, Chapter 24
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53F-4-505, as last amended by Laws of Utah 2024, Chapter 24
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53F-4-507, as last amended by Laws of Utah 2024, Chapter 24
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53F-4-511, as last amended by Laws of Utah 2024, Chapter 24 S.B. 137 01-17 10:50
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53F-4-512, as last amended by Laws of Utah 2024, Chapter 24
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53F-4-514, as last amended by Laws of Utah 2024, Chapter 24
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53F-4-516, as last amended by Laws of Utah 2024, Chapter 24
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53F-6-401, as last amended by Laws of Utah 2024, Chapter 26
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ENACTS:
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53F-6-501, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53F-4-501 is amended to read:
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53F-4-501 . Definitions.
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As used in this part:
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(1) "Authorized online course provider" means the entities listed in Subsection 53F-4-504(1).
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(2)(a) "Certified online course provider" means a provider that the state board approves
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to offer courses through the Statewide Online Education Program.
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(b) "Certified online course provider" does not include an entity described in
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Subsections 53F-4-504(1)(a) through (c).
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(3) "Credit" means credit for a high school course, or the equivalent for a middle school
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course, as determined by the state board.
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(4)[(a)] "Eligible student" means a student who:
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[(i)] (a) [who ]intends to take a course for middle school or high school credit; and
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[(ii)] (b)[(A) who ]is enrolled in an LEA in Utah[;] .
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[(B) who attends a private school or home school andwhose custodial parent is a
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resident of Utah; or]
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[(C) who is an exchange student residing in Utah and enrolled in an LEA or private
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school in Utah.]
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[(b) "Eligible student" does not include a scholarship student as defined in Section
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53F-6-401.]
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[(5) "Exchange student" means a student sponsored by an agency approved by an LEA or
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private school governing board or a student who has an F-1, J-1, or J-2 visa.]
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[(6)] (5) "High school" means grade 9, 10, 11, or 12.
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[(7)] (6) "Middle school" means, only for purposes of student eligibility to participate in the
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Statewide Online Education Program, grade 6, 7, or 8.
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[(8)] (7) "Online course" means a course of instruction offered by the Statewide Online
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Education Program through the use of digital technology, regardless of whether the
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student participates in the course at home, at school, at another location, or any
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combination of these.
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[(9)] (8) "Plan for college and career readiness" means the same as that term is defined in
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Section 53E-2-304.
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[(10)] (9) "Primary LEA of enrollment" or "primary LEA" means the LEA in which an
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eligible student is enrolled for courses other than online courses offered through the
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Statewide Online Education Program.
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[(11)] (10) "Released-time" means a period of time during the regular school day a student
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is excused from school at the request of the student's parent pursuant to rules of the state
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board.
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[(12) "State board's contractor" means the private entity described in Section 53F-4-503
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with which the state board contracts to administer the portion of the Statewide Online
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Education Program designated for a student who attends private school or home school.]
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Section 2. Section 53F-4-503 is amended to read:
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53F-4-503 . Option to enroll in online courses offered through the Statewide
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Online Education Program.
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(1) Subject to Subsections (2), (9), and (12), and[, for a public education student, ] with the
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advice of a school counselor at a student's primary LEA, an eligible student may enroll
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in an online course offered through the Statewide Online Education Program if:
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(a) the student meets the course prerequisites;
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(b) the course is open for enrollment; and
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(c) the online course is aligned with the student's plan for college and career readiness.
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(2) An eligible student may enroll in online courses totaling up to six credits per school
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year.
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(3) Notwithstanding Subsection (2):
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(a) a student's primary LEA of enrollment may allow an eligible student to enroll in
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online courses for more than the number of credits specified in Subsection (2); or
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(b) upon the request of an eligible student, the state board [or, in relation to a student
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who attends a private school or home school, the state board's contractor, ]may allow
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the student to enroll in online courses for more than the number of credits specified in
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Subsection (2), if the online courses better meet the academic goals of the student.
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(4) An eligible student's primary LEA of enrollment:
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(a) in conjunction with the student and the student's parent, is responsible for preparing
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and implementing a plan for college and career readiness for the eligible student, as
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provided in Section 53E-2-304; and
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(b) shall assist an eligible student in scheduling courses in accordance with the student's
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plan for college and career readiness, graduation requirements, and the student's
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post-secondary plans.
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(5) An eligible student's primary LEA of enrollment may not:
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(a) impose restrictions on a student's selection of an online course that fulfills graduation
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requirements and is consistent with the student's plan for college and career readiness
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or post-secondary plans; or
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(b) give preference to an online course or authorized online course provider.
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(6) The state board, [or, in relation to a student who attends a private school or home
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school, the state board's contractor, ]including an employee of the state board[ or the
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state board's contractor,] , may not give preference to an online course or authorized
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online course provider.
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(7)(a) Except as provided in Subsection (7)(b), a person may not provide an inducement
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or incentive to a [public school ]student to participate in the Statewide Online
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Education Program.
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(b) For purposes of Subsection (7)(a):
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(i) "Inducement or incentive" does not mean:
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(A) instructional materials or software necessary to take an online course; or
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(B) access to a computer or digital learning device for the purpose of taking an
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online course.
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(ii) "Person" does not include a relative of the [public school] eligible student.
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(8) The state board shall coordinate with the Utah System of Higher Education to study
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funding structures and access barriers related to concurrent enrollment for the Statewide
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Online Education Program and provide recommendations to the Education Interim
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Committee no later than the November 2024 meeting.
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(9) Subject to legislative appropriations[ and for an eligible student who is enrolled at a
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public school], the state board shall provide Statewide Online Education Program
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academic counseling that:
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(a) may advise an eligible student or an eligible student's parent regarding an online
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course enrollment including how an online course relates to graduation requirements
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described in Section 53E-4-204 and administrative rule;
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(b) provides the training described in Section 53F-4-514;
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(c) provides technical support to an LEA, school-based counselor, eligible student, or
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eligible student's parent;
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(d) assists in gathering information, reports, and data an LEA requests; and
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(e) directs an eligible student or an eligible student's parent to a school-specific
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counselor for advice regarding an online course enrollment in relation to an LEA, or
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school-specific graduation requirement and all other counseling services.
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(10) If an eligible student has an IEP or Section 504 accommodation plan:
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(a) the eligible student's primary LEA:
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(i) shall:
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(A) forward a copy of the relevant portions of the eligible student's existing IEP or
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Section 504 accommodation plan to the authorized online course provider in
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accordance with federal law and guidelines; and
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(B) ensure the authorized online course provider is provided an eligible student's
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updated IEP when revisions are made;
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(ii) may:
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(A) ensure the eligible student's IEP team and the authorized online course
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provider review a course enrollment for compliance with requirements
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described in Subsection (1); and
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(B) as needed, coordinate additional IEP team reviews with the authorized online
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course provider to ensure appropriate services, supports, and accommodations
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are in place for the eligible student; and
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(b) the authorized online course provider:
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(i) shall implement an eligible student's IEP or Section 504 accommodation plan; and
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(ii) may seek assistance from the primary LEA to implement an eligible student's IEP
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or Section 504 accommodation plan.
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(11) The state board shall create a model cooperative agreement between a primary LEA
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and an authorized online course provider for use when the primary LEA determines that
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an authorized online course provider would best provide IEP services, including a
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requirement that the eligible student's primary LEA provide funding for the IEP services.
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(12) If the program lacks sufficient legislative appropriations to fund the enrollment in
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online courses for all eligible students who do not have a primary LEA of enrollment,
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the state board [or, in relation to a student who attends a private school or home school,
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the state board's contractor, ]shall prioritize funding the enrollment of an eligible student
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who intends to graduate from high school during the school year in which the student
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enrolls in an online course.
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[(13) No later than April 1, 2025, and in accordance with Title 63G, Chapter 6a, Utah
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Procurement Code, the state board shall use funds the state board expends to administer
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to the Statewide Online Education Program for students who attend private school or
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home school to alternatively contract with a private entity:]
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[(a) that has demonstrated an expertise or ability to administer a statewide program to
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deliver education services to students who attend private school or home school; and]
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[(b) to administer the portion of the Statewide Online Education Program that is designated
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for students who attend private school or home school, including providing an
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enrollment platform or tool separate from the enrollment tool or platform the state board
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provides for the program.]
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[(14) The state board's contractor described in Subsection (13) may use a percentage of the
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appropriation for home school and private school students that is equal to the proportion
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of the state board's administrative cost in relation to the appropriation for students
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enrolled in an LEA.]
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Section 3. Section 53F-4-505 is amended to read:
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53F-4-505 . Payment for an online course.
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(1) For the 2012-13 school year, the fee for a .5 credit online course or .5 credit of a 1 credit
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online course is:
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(a) $200 for the following courses, except a concurrent enrollment course:
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(i) financial literacy;
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(ii) health;
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(iii) fitness for life; and
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(iv) computer literacy;
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(b) $200 for driver education;
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(c) $250 for a course that meets core standards for Utah public schools in fine arts or
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career and technical education, except a concurrent enrollment course;
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(d) $300 for the following courses:
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(i) a course that meets core standards for Utah public schools requirements in social
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studies, except a concurrent enrollment course; and
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(ii) a world language course, except a concurrent enrollment course;
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(e) $350 for the following courses:
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(i) a course that meets core standards for Utah public schools requirements for
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language arts, mathematics, or science; and
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(ii) a concurrent enrollment course; and
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(f) $250 for a course not described in Subsections (1)(a) through (e).
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(2) If a course meets the requirements of more than one course fee category described in
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Subsection (1), the course fee shall be the lowest of the applicable course fee categories.
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(3) The online course fees described in Subsection (1) shall be adjusted each school year in
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accordance with the percentage change in value of the weighted pupil unit from the
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previous school year.
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(4) An authorized online course provider shall receive payment for an online course as
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follows:
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(a) for a .5 credit online course, 50% of the online course fee after the withdrawal period
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described in Section 53F-4-506;
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(b) for a 1 credit online course, 25% of the online course fee after the withdrawal period
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described in Section 53F-4-506 and 25% of the online course fee upon the beginning
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of the second .5 credit of the online course; and
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(c) if a student completes a 1 credit online course within 12 months or a .5 credit course
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within nine weeks following the end of a traditional semester, 50% of the online
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course fee.
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(5)(a) If a student fails to complete a 1 credit course within 12 months or a .5 credit
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course within nine weeks following the end of a traditional semester, the student may
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continue to be enrolled in the course until the student graduates from high school.
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(b) To encourage an authorized online course provider to provide remediation to a
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student who remains enrolled in an online course pursuant to Subsection (5)(a) and
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avoid the need for credit recovery, an authorized online course provider shall receive
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a payment equal to 30% of the online course fee if the student completes the online
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course:
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(i) for a high school online course, before the student graduates from high school; or
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(ii) for a middle school online course, before the student completes middle school.
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(6) Notwithstanding the online course fees prescribed in Subsections (1) through (3), a
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school district or charter school may:
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(a) negotiate a fee with an authorized online course provider for an amount up to the
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amount prescribed in Subsections (1) through (3); and
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(b) pay the negotiated fee instead of the fee prescribed in Subsections (1) through (3).
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(7) An authorized online course provider who contracts with a vendor for the acquisition of
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online course content or online course instruction may negotiate the payment for the
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vendor's service independent of the fees specified in Subsections (1) through (3).
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(8) The state board [or, in relation to a student who attends a private school or home school,
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the state board's contractor, ]may not remove a student from an online course if the
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student is eligible for continued enrollment in the online course under Subsection (5).
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(9) Upon request by a primary LEA, the state board shall provide an itemized report to the
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primary LEA showing the deduction described in Subsection 53F-4-508(2) by student
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and course enrolled.
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Section 4. Section 53F-4-507 is amended to read:
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53F-4-507 . Direction to deduct funds and make payments -- Plan for the
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payment of online courses taken by private and home school students.
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(1)[(a)] Subject to future budget constraints, the Legislature shall adjust the
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appropriation for the Statewide Online Education Program based on[:]
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[(i) the anticipated increase of eligible home school and private school students enrolled
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in the Statewide Online Education Program; and]
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[(ii)] the value of the weighted pupil unit.
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[(b) The state board shall, if the state board contracts with a private entity under
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Subsection 53F-4-503(9), delegate to the state board's contractor the management of
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the funds appropriated for the Statewide Online Education Program for students who
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attend private school or home school.]
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(2) Notwithstanding Subsection (1) and subject to future budget constraints, the Legislature
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shall:
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(a) consider enrollment projections provided by the authorized online course providers
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to account for enrollment growth during the appropriations process; and
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(b) provide a supplemental appropriation to adequately fund the Statewide Online
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Education Program when the enrollment amount exceeds the projected enrollment
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amounts provided by the authorized online course providers[; and] .
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[(c) in the fiscal year beginning July 1, 2025, keep all other appropriations for the
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Statewide Online Education Program separate from the appropriations described in
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Section 53F-4-518.]
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(3)(a) The state board shall deduct money from funds allocated to the student's primary
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LEA of enrollment under Chapter 2, State Funding -- Minimum School Program, to
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pay for online course fees.
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(b) Money shall be deducted under Subsection (3)(a) in the amount and at the time an
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authorized online course provider qualifies to receive payment for an online course
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provided to a [public education] student, not to exceed 90 days after qualification, as
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provided in Subsection 53F-4-505(4).
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[(c) The state board or, in relation to a student who attends a private school or home
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school, the state board's contractor, shall deduct money from funds allocated for
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course fees for a private school or home school student in the amount and at the time
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an authorized online course provider qualifies to receive payment for an online
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course, not to exceed 90 days after qualification.]
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(4) From money deducted under Subsection (3), the state board [or, in relation to a student
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who attends a private school or home school, the state board's contractor, ]shall make
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payments to the student's authorized online course provider as provided in Section
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53F-4-505.
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Section 5. Section 53F-4-511 is amended to read:
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53F-4-511 . Report on performance of authorized online course providers.
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(1) The state board, in collaboration with authorized online course providers, [and, if
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applicable, the state board's contractor, ]shall develop a report on the performance of
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authorized online course providers, which may be used to evaluate the Statewide Online
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Education Program and assess the quality of an authorized online course provider..
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(2) A report on the performance of an authorized online course provider shall include:
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(a) scores aggregated by test on statewide assessments administered under Title 53E,
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Chapter 4, Part 3, Assessments, taken by students at the end of an online course
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offered through the Statewide Online Education Program;
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(b) the percentage of the authorized online course provider's students who complete
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online courses within the applicable time period specified in Subsection 53F-4-505
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(4)(c);
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(c) the percentage of the authorized online course provider's students who complete
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online courses after the applicable time period specified in Subsection 53F-4-505
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(4)(c) and before the student graduates from high school; and
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(d) the pupil-teacher ratio for the combined online courses of the authorized online
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course provider.
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(3) The state board shall post a report on the performance of an authorized online course
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provider on the Statewide Online Education Program's website described in Section
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53F-4-512.
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Section 6. Section 53F-4-512 is amended to read:
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53F-4-512 . Dissemination of information on the Statewide Online Education
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Program.
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(1) The state board shall develop a website for the Statewide Online Education Program
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which shall include:
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(a) a description of the Statewide Online Education Program, including its purposes;
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(b) notwithstanding Subsection (2), information on who is eligible to enroll, and how an
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eligible student may enroll, in an online course;
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(c) a directory of authorized online course providers;
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(d) a link to a course catalog for each authorized online course provider; and
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(e) a report on the performance of authorized online course providers as required by
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Section 53F-4-511.
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(2) An authorized online course provider shall provide the following information on the
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authorized online course provider's website:
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(a) a description of the Statewide Online Education Program, including its purposes;
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(b) information on who is eligible to enroll, and how an eligible student may enroll, in
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an online course;
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(c) a course catalog;
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(d) scores aggregated by test on statewide assessments administered under Title 53E,
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Chapter 4, Part 3, Assessments, taken by students at the end of an online course
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offered through the Statewide Online Education Program;
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(e) the percentage of an authorized online course provider's students who complete
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online courses within the applicable time period specified in Subsection 53F-4-505
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(4)(c);
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(f) the percentage of an authorized online course provider's students who complete
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online courses after the applicable time period specified in Subsection 53F-4-505
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(4)(c) and before the student graduates from high school; and
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(g) the authorized online course provider's pupil-teacher ratio for the online courses
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combined.
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[(3) The state board's contractor shall provide on the contractor's website information
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regarding enrollment and participation by a private school or home school student
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through the contractor.]
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Section 7. Section 53F-4-514 is amended to read:
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53F-4-514 . State board -- Rulemaking -- Fees.
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(1) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state
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board shall provide a delayed effective date that is after the school year has ended for a
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change to an administrative rule related to the Statewide Online Education Program if
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the change would require an authorized online course provider to make program changes
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during the school year.
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(2) The state board shall make rules in accordance with this part and Title 63G, Chapter 3,
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Utah Administrative Rulemaking Act, that establish:
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(a) a course credit acknowledgement form and procedures for completing and
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submitting to the state board [or, in relation to a student who attends a private school
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or home school, the state board's contractor, ]a course credit acknowledgement;
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(b) procedures for the administration of a statewide assessment to a student enrolled in
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an online course; [and]
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(c) protocols for an online course provider to obtain approval to become a certified
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online course provider, including:
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(i) the application procedure for an online course provider to obtain approval to
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become a certified online course provider; and
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(ii) the standards that a certified online course provider and any online course the
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certified online course provider offers shall meet;
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(d) in accordance with Title 53E, Chapter 4, Academic Standards, Assessments, and
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Materials, criteria for an authorized online course provider to submit for approval an
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online course that does not have an existing state board course code; and
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(e) [no later than July 1, 2024, a] a process within existing systems at the state board [or,
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in relation to a student who attends a private school or home school, the state board's
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contractor, ]to allow a certified online course provider access to an educator's
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licensing, endorsement, certification, and assignment information if the educator is
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teaching an online course for the certified online course provider;
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(f) in consultation with the authorized online course providers, the parameters for
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conducting a site visit including:
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(i) a definition for the term, site visit;
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(ii) the minimum amount of time required for:
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(A) notice to an authorized online course provider of a site visit; and
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(B) an authorized online course provider to prepare for a site visit;
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(iii) the documents, data, and artifacts subject to inspection during a site visit; and
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(iv) a process to ensure a site visit allows for observation of instruction without
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interfering with the instruction;
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(g) annual mandatory training for relevant staff at a primary LEA that includes:
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(i) program requirements for a primary LEA including reporting requirements and
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methods;
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(ii) uses of resources and tools to ensure adequate monitoring of an eligible student's
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progress;
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(iii) federal and state requirements for accommodating enrollments that involve
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special education;
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(iv) appropriate circumstances and methodologies for reducing an eligible student's
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schedule; and
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(v) other components the state board determines are necessary[; and] .
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(3)(a) When establishing the standards described in Subsection (2)(c)(ii) the state board
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shall:
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(i) establish rules and minimum standards regarding accreditation;
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(ii) require an online course to be aligned with the core standards described in
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Section 53E-4-202;
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(iii) require proof that a national organization responsible for college athletics
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endorses:
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(A) the certified online course provider; or
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(B) the online course that a certified online course provider offers;
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(iv) permit an open-entry, open-exit method of instructional delivery that allows a
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student the flexibility to:
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(A) schedule in response to individual needs or requirements;
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(B) demonstrate competency when the student has mastered knowledge and skills;
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(C) begin or end study at any time; and
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(D) progress through course material at the student's own pace; and
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(v) except as provided in Subsection (5), require an individual who teaches a course
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for a certified online course provider to hold a teaching license issued by the state
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board.
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(b) When establishing the standards described in Subsection (2)(c)(ii), the state board
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may not:
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(i) specify a minimum duration for an online course;
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(ii) specify a minimum amount of time that a student must spend in an online course;
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or
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(iii) limit the class size of an online course.
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(4) No later than January 31, 2026, the state board shall create a communication dashboard
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for the program [and only related to eligible students enrolled in a public school ]that
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may include:
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(a) a counselor contact list for an eligible student that is accessible to an authorized
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online course provider; and
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(b) progress monitoring fields that are accessible to the primary LEA, the eligible
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student's counselor, and the eligible student's parent containing:
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(i) grade progress reporting of an eligible student by an authorized online course
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provider;
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(ii) an ability to flag a student that is at-risk of failing an online course; and
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(iii) other relevant capabilities the state board determines to be necessary in
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consultation with LEA users of the dashboard.
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(5) If an individual possesses a provider-specific license described in Section 53E-6-201,
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the state board may not prohibit the individual from teaching an online course for an
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authorized online course provider while the individual is in the process of obtaining an
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endorsement or additional license issued by the state board.
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(6) The state board may establish a fee, in accordance with Section 63J-1-504, in an amount
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to pay the costs to the state board of the application approval process and the monitoring
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of a certified online course provider's compliance with the standards described in
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Subsection (2)(c)(ii).
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(7)(a) Fee revenue collected in accordance with Subsection (6) shall be:
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(i) deposited into the Uniform School Fund as a dedicated credit; and
426
(ii) used to pay the costs to the state board of reviewing certified online course
427
providers' applications and compliance with the standards described in Subsection
428
(2)(c)(ii).
429
Section 8. Section 53F-4-516 is amended to read:
430
53F-4-516 . Report of noncompliance -- Action to ensure compliance.
431
(1) The state superintendent shall report to the state board any report of noncompliance of
432
this part made to a staff member of the state board[ or, in relation to a student who
433
attends a private school or home school, the state board's contractor].
434
(2) The state board [and, if applicable, the state board's contractor, ]shall take appropriate
435
action to ensure compliance with this part.
436
Section 9. Section 53F-6-401 is amended to read:
437
53F-6-401 . Definitions.
438
As used in this part:
439
(1) "Eligible student" means a student:
- 13 - S.B. 137 01-17 10:50
440
(a) who is eligible to participate in public school, in kindergarten, or grades 1 through 12;
441
(b) who is a resident of the state, including a child of a military service member, as that
442
term is defined in Section 53B-8-102;
443
(c) who, during the school year for which the student is applying for a scholarship
444
account:
445
(i) does not receive a scholarship under:
446
(A) the Carson Smith Scholarship Program established in Section 53F-4-302; or
447
(B) the Carson Smith Opportunity Scholarship Program established in Section
448
53E-7-402; and
449
(ii) is not enrolled in[,] an LEA upon receiving the scholarship[:] ;
450
[(A) an LEA; or]
451
[(B) the Statewide Online Education Program to participate in a course with
452
funding provided under Title 53F, Chapter 4, Part 5, Statewide Online
453
Education Program, which does not include participation in a course by an
454
entity as described in Subsection 53F-6-409(7);]
455
(d) whose eligibility is not suspended or disqualified under Section 53F-6-401; and
456
(e) who completes, to maintain eligibility, the portfolio requirement described in
457
Subsection 53F-6-402(3)(d).
458
(2) "Federal poverty level" means the United States poverty level as defined by the most
459
recently revised poverty income guidelines published by the United States Department
460
of Health and Human Services in the Federal Register.
461
(3)(a) "Home-based scholarship student" means a student who:
462
(i) is eligible to participate in public school, in kindergarten or grades 1 through 12;
463
(ii) is excused from enrollment in an LEA in accordance with Section 53G-6-204 to
464
attend a home school; and
465
(iii) receives a benefit of scholarship funds.
466
(b) "Home-based scholarship student" does not mean a home school student who does
467
not receive a scholarship under the program.
468
(4) "Parent" means:
469
(a) the same as that term is defined in Section 53E-1-102; and
470
(b) a foster parent who has initiated a process to adopt the foster child.
471
(5) "Program manager" means an organization that:
472
(a) is qualified as tax exempt under Section 501(c)(3), Internal Revenue Code;
473
(b) is not affiliated with any international organization;
- 14 - 01-17 10:50 S.B. 137
474
(c) does not harvest data for the purpose of reproducing or distributing the data to other
475
entities;
476
(d) has no involvement in guiding or directing any curriculum or curriculum standards;
477
(e) does not manage or otherwise administer a scholarship under:
478
(i) the Carson Smith Scholarship Program established in Section 53F-4-302; or
479
(ii) the Carson Smith Opportunity Scholarship Program established in Section
480
53E-7-402; and
481
(f) an agreement with the state board recognizes as a program manager, in accordance
482
with this part.
483
(6)(a) "Program manager employee" means an individual working for the program
484
manager in a position in which the individual's salary, wages, pay, or compensation,
485
including as a contractor, is paid from scholarship funds.
486
(b) "Program manager employee" does not include:
487
(i) an individual who volunteers for the program manager or for a qualifying provider;
488
(ii) an individual who works for a qualifying provider; or
489
(iii) a qualifying provider.
490
(7) "Program manager officer" means:
491
(a) a member of the board of a program manager; or
492
(b) the chief administrative officer of a program manager.
493
(8)(a) "Qualifying provider" means one of the following entities:
494
(i) an eligible school that the program manager approves in accordance with Section
495
53F-6-408; or
496
(ii) an eligible service provider that the program manager approves in accordance
497
with Section 53F-6-409.
498
(b) "Qualifying provider" does not include:
499
(i) a parent of a home-based scholarship student or a home school student solely in
500
relation to the parent's child; or
501
(ii) any other individual that does not meet the requirements described in Subsection
502
(8)(a).
503
(9) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother, uncle,
504
aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
505
sister-in-law, son-in-law, or daughter-in-law.
506
(10) "Scholarship account" means the account to which a program manager allocates funds
507
for the payment of approved scholarship expenses in accordance with this part.
- 15 - S.B. 137 01-17 10:50
508
(11) "Scholarship expense" means an expense described in Section 53F-6-402 that a parent
509
or scholarship student incurs in the education of the scholarship student for a service or
510
goods that a qualifying provider provides, including:
511
(a) tuition and fees of a qualifying provider;
512
(b) fees and instructional materials at a technical college;
513
(c) tutoring services;
514
(d) fees for after-school or summer education programs;
515
(e) textbooks, curricula, or other instructional materials, including any supplemental
516
materials or associated online instruction that a curriculum or a qualifying provider
517
recommends;
518
(f) educational software and applications;
519
(g) supplies or other equipment related to a scholarship student's educational needs;
520
(h) computer hardware or other technological devices that are intended primarily for a
521
scholarship student's educational needs;
522
(i) fees for the following examinations, or for a preparation course for the following
523
examinations, that the program manager approves:
524
(i) a national norm-referenced or standardized assessment described in Section
525
53F-6-410, an advanced placement examination, or another similar assessment;
526
(ii) a state-recognized industry certification examination; and
527
(iii) an examination related to college or university admission;
528
(j) educational services for students with disabilities from a licensed or accredited
529
practitioner or provider, including occupational, behavioral, physical, audiology, or
530
speech-language therapies;
531
(k) contracted services that the program manager approves and that an LEA provides,
532
including individual classes, after-school tutoring services, transportation, or fees or
533
costs associated with participation in extracurricular activities;
534
(l) ride fees or fares for a fee-for-service transportation provider to transport the
535
scholarship student to and from a qualifying provider, not to exceed $750 in a given
536
school year;
537
(m) expenses related to extracurricular activities, field trips, educational supplements,
538
and other educational experiences; or
539
(n) any other expense for a good or service that:
540
(i) a parent or scholarship student incurs in the education of the scholarship student;
541
and
- 16 - 01-17 10:50 S.B. 137
542
(ii) the program manager approves, in accordance with Subsection (5)(d).
543
(12) "Scholarship funds" means:
544
(a) funds that the Legislature appropriates for the program; and
545
(b) interest that scholarship funds accrue.
546
(13)(a) "Scholarship student" means an eligible student, including a home-based
547
scholarship student, for whom the program manager establishes and maintains a
548
scholarship account in accordance with this part.
549
(b) "Scholarship student" does not include a home school student who does not receive a
550
scholarship award under the program.
551
(14) "Utah Fits All Scholarship Program" or "program" means the scholarship program
552
established in Section 53F-6-402.
553
Section 10. Section 53F-6-501 is enacted to read:
554
Part 5. Utah Home and Private Course Choice Empowerment
555
53F-6-501 . Utah Home and Private Course Choice Empowerment program.
556
(1) As used in this section:
557
(a) "Authorized online course provider" or "provider" means a provider approved by the
558
program manager to offer online courses through the program.
559
(b) "Blended learning" means an education model that:
560
(i) combines in-person and online or digital instruction and learning activities;
561
(ii) allows students to receive instruction through:
562
(A) direct, in-person interaction with an instructor;
563
(B) digital or online content and activities; or
564
(C) a combination of both in-person and online methods;
565
(iii) may include hybrid teaching formats where:
566
(A) some students participate in-person while others participate remotely; or
567
(B) instruction alternates between in-person and online delivery; and
568
(iv) provides students flexibility in time, place, path, or pace of learning.
569
(c) "Eligible student" means a student:
570
(i) who attends a private school or home school and whose parent is a resident of
571
Utah; or
572
(ii) who is an exchange student residing in Utah and enrolled in a private school in
573
Utah.
574
(d) "Online course" means a course of instruction for grades 6 through 12 offered
575
through the program using digital technology, including:
- 17 - S.B. 137 01-17 10:50
576
(i) an exclusively online learning and instructional model; or
577
(ii) blended learning models.
578
(e) "Program" means the Utah Home and Private Course Choice Empowerment program
579
created in this section.
580
(f) "Program manager" means a for-profit or non-profit entity that, at the time of
581
application, demonstrates the ability without external contracts to internally meet the
582
qualifications specified in this section, that is contracted by the state board to
583
administer the Utah Home and Private Course Choice Empowerment program,
584
including:
585
(i) the ability to manage, distribute, and transact program funds;
586
(ii) capacity to create and maintain a user-friendly website;
587
(iii) the ability to verify a student's eligibility based on the requirements of this part;
588
(iv) capacity to process provider payments and maintain financial records;
589
(v) ability to track, monitor, and report program enrollment, participation, and
590
outcomes at both provider and individual student levels; and
591
(vi) maintenance of a publicly accessible provider list, including:
592
(A) the capability to allow a student or a student's parent to rate, review, and share
593
information about providers; and
594
(B) appropriate links to a provider's course catalog.
595
(2) The program is created to enable an eligible student to engage in taking online courses.
596
(3) The purposes of the program are to:
597
(a) provide a student with access to online learning options regardless of where the
598
student attends school, including blending learning settings;
599
(b) provide digital learning options for a student regardless of language, residence,
600
family income, or special needs;
601
(c) utilize the power and scalability of technology to customize education so that a
602
student may learn in the student's own style preference and at the student's own pace;
603
(d) provide greater access to self-paced programs enabling a high achieving student to
604
accelerate academically, while a struggling student may have additional time and
605
help to gain competency;
606
(e) allow a student to customize the student's schedule to better meet the student's
607
academic goals;
608
(f) provide quality learning options to better prepare a student for post-secondary
609
education and career opportunities; and
- 18 - 01-17 10:50 S.B. 137
610
(g) support flexible learning environments through blended learning options that
611
combine the benefits of both in-person and online instruction to enhance student
612
engagement and achievement.
613
(4) An eligible student may enroll in an online course offered through the program if:
614
(a) the student meets the course prerequisites; and
615
(b) the course is open for enrollment.
616
(5) An eligible student may enroll in online courses up to the equivalent of six credits per
617
school year.
618
(6)(a) No later than July 1, 2025, the state board shall:
619
(i) contract with one or more private entities to serve as a program manager for the
620
program, including management of the funds appropriated for the program; and
621
(ii) ensure the initial contract is no more than a three-year contract with annual
622
renewal options subject to performance review and compliance with Title 63G,
623
Chapter 6a, Utah Procurement Code.
624
(b) The state board may regulate and take enforcement action as necessary against a
625
program manager in accordance with the provisions of the state board's agreement
626
with the program manager.
627
(c) The state board may not include a provision in any rule that creates or implies a
628
restriction, direction, or mandate regarding program administration, including student
629
enrollment, payments to providers, instructional content, or curriculum.
630
(7) The program manager shall:
631
(a) administer the program;
632
(b) ensure an eligible student can navigate to all authorized online course providers'
633
enrollment platforms or tools for the program;
634
(c) approve and oversee authorized online course providers;
635
(d) establish guidelines for qualifying providers and courses;
636
(e) manage funds appropriated for the program;
637
(f) make payments to authorized online course providers that may not include
638
transaction fees of any kind;
639
(g) as described in Subsection (17), provide an annual report on the performance of the
640
program to the Education Interim Committee; and
641
(h) ensure compliance with applicable laws and regulations.
642
(8) The program manager shall approve online course providers to offer courses through the
643
program.
- 19 - S.B. 137 01-17 10:50
644
(9)(a) Subject to Subsection (9)(b), the program manager shall establish a process to
645
approve an entity as an authorized online course provider, including:
646
(i) the entity's demonstration of at least three years of experience in either:
647
(A) developing and delivering proprietary digital coursework for students; or
648
(B) successfully aggregating and managing third-party digital education providers
649
and courses for students;
650
(ii) the ability to provide a publicly available user-friendly website for an eligible
651
student, including:
652
(A) an accessible course enrollment system;
653
(B) comprehensive provider and course information; and
654
(C) program participation metrics;
655
(iii) verification that within the past five years, the entity:
656
(A) has not been subject to sanctions;
657
(B) has not undergone investigations;
658
(C) has not had adverse findings in malfeasance audits; and
659
(D) has not received other official censures in any state where it delivers digital
660
courses;
661
(iv) certification that the entity is not currently named in any lawsuit or ongoing civil
662
litigation in any state where the entity delivers digital courses; and
663
(v) the entity's demonstrated capacity to:
664
(A) evaluate and monitor course quality and content;
665
(B) verify instructor qualifications and experience;
666
(C) ensure instructor technical competency;
667
(D) conduct instructor background checks;
668
(E) provide regular professional development;
669
(F) implement student safety policies;
670
(G) maintain data privacy and security;
671
(H) enforce a learner code of conduct; and
672
(I) uphold academic integrity standards.
673
(b) In accordance with Subsection (11), the program manager shall allow all authorized
674
online course providers and courses the state board has approved up to July 1, 2024,
675
for the Statewide Online Education Program described in Title 53F, Chapter 4, Part
676
5, Statewide Online Education Program, to be offered to private and home school
677
students.
- 20 - 01-17 10:50 S.B. 137
678
(10) The program manager may revoke approval of an authorized online course provider
679
for non-compliance with program requirements described in this section or poor
680
performance as the program manager determines.
681
(11) The program manager shall establish a process for reviewing and approving courses to
682
be offered through the program, including:
683
(a) submission of the following course information:
684
(i) course title;
685
(ii) course fee;
686
(iii) subject area;
687
(iv) if applicable, credits earned;
688
(b) description of course organization, including:
689
(i) modules, units, or chapters;
690
(ii) frequency of assessments; and
691
(iii) overall course length;
692
(c) course pacing information, including:
693
(i) recommended standard course pace progression;
694
(ii) expected weeks of study per semester of content; and
695
(iii) acknowledgment of a student's flexibility to adjust course pace;
696
(d) course withdrawal policy;
697
(e) final completion deadline for the course;
698
(f) summary description of course subject matter content;
699
(g) course prerequisites, if any;
700
(h) required course materials, including:
701
(i) technology requirements; and
702
(ii) tangible materials needed for course completion;
703
(i) alignment with any applicable:
704
(i) industry standards;
705
(ii) state board standards;
706
(iii) National Collegiate Athletic Association requirements; or
707
(iv) accreditation requirements;
708
(j) method of course instruction and delivery;
709
(k) description of instructional support, including:
710
(i) frequency of instructor-initiated one-on-one progress checks;
711
(ii) frequency of instructor-led tutoring;
- 21 - S.B. 137 01-17 10:50
712
(iii) availability of small-group tutoring;
713
(iv) frequency of synchronous one-on-one instructor-led checks for a student's
714
understanding; and
715
(v) regular student interaction with educators;
716
(l) student-to-teacher ratio;
717
(m) for blended or hybrid format courses:
718
(i) a description of in-person instruction components; and
719
(ii) any waiver for online instructional support requirements when a student receives
720
real-time in-person instruction for a portion of the course; and
721
(n) prohibiting credit recovery courses or packet-based courses.
722
(12) The program manager shall ensure the review process described in Subsection (11):
723
(a) does not require an authorized online course provider to alter the provider's:
724
(i) creed;
725
(ii) practices;
726
(iii) admissions policies;
727
(iv) hiring practices; or
728
(v) curricula, including any religious course or course content;
729
(b) maintains an authorized online course provider's autonomy while accepting program
730
funds; and
731
(c) provides for a regular renewal of:
732
(i) a course approval; and
733
(ii) an authorized online course provider's authorization based on criteria, including:
734
(A) a course completion rate of at least 80%;
735
(B) reviews of the courses provided by a parent or eligible student; and
736
(C) if applicable, fidelity to the approval criteria described in Subsection (9).
737
(13) An authorized online course provider shall:
738
(a) for each course offered, establish reasonable:
739
(i) course lengths;
740
(ii) standardized completion deadlines that are the same for all courses offered by the
741
provider;
742
(iii) standardized withdrawal deadlines that are the same for all courses offered by the
743
provider; and
744
(iv) course fees;
745
(b) submit the information described in Subsections (11) and (13)(a) to the program
- 22 - 01-17 10:50 S.B. 137
746
manager for approval;
747
(c) ensure the information described in Subsections (11) and (13)(a) are correctly posted
748
with each course listing; and
749
(d) report enrollment and withdrawal data to the program manager within five business
750
days.
751
(14) Subject to legislative appropriation, the program manager shall manage program funds
752
to administer the program, including:
753
(a) paying a course fee to an authorized online course provider as follows:
754
(i) 60% of the course fee paid upon an eligible student's enrollment; and
755
(ii) 40% of the course fee paid upon the eligible student's completion of the course;
756
(b) if the student does not complete the course by the deadline the authorized online
757
course provider establishes as described in Subsection (13), disqualifying an
758
authorized online course provider from receiving the 40% of the course fee as
759
described in Subsection (14)(a)(ii);
760
(c) processing payments to a provider within 30 days of relevant deadlines for
761
enrollment, withdrawal, or course completion; and
762
(d) establishing a payment structure for payments made to a provider that ensures no
763
transaction fees are passed on to the provider.
764
(15) Subject to legislative appropriation, the Legislature shall:
765
(a) provide funds for the program that are separate from funding for public education
766
programs; and
767
(b) adjust the appropriation based on anticipated enrollment increases in the program.
768
(16) The program manager may use a percentage of the appropriation described in
769
Subsection (15) for administrative costs as follows:
770
(a) up to 8% of the appropriation for administrative costs when the total annual
771
appropriation from the Legislature is $10,000,000 or less; and
772
(b) up to 5% of the appropriation for administrative costs when the total annual
773
appropriation from the Legislature exceeds $10,000,000.
774
(17) The program manager shall provide an annual report to the Education Interim
775
Committee regarding the performance of the program, including:
776
(a) number of students served;
777
(b) courses offered and completed;
778
(c) student progress and completion rates; and
779
(d) financial information and use of funds.
- 23 - S.B. 137 01-17 10:50
780
(18) The program manager shall establish a comprehensive system for monitoring
781
providers, including:
782
(a) regular performance reviews based on:
783
(i) student completion rates;
784
(ii) student academic progress metrics;
785
(iii) instructor qualifications and performance;
786
(iv) course content quality and alignment; and
787
(v) technical system reliability;
788
(b) annual compliance audits of:
789
(i) financial records;
790
(ii) student data privacy practices; and
791
(iii) security protocols; and
792
(c) regular provider site visits that occur at least once per academic year.
793
(19) On or before July 1, 2025, and as frequently as necessary to maintain the information,
794
the state board shall provide information on the state board's website, including:
795
(a) information on the program manager, including the program manager's contact
796
information; and
797
(b) an overview of the program.
798
Section 1. Effective Date.
799
This bill takes effect on May 7, 2025.
- 24 -