Superseded 7/1/2023 53F-4-503. Option to enroll in online courses offered through the Statewide Online Education Program.
(1)
Subject to Subsections (2), (3), and (9), an eligible student may enroll in an online course offered through the Statewide Online Education Program if:
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 a school, at another location, or any combination of these. See Utah Code 53F-4-501
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
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
(a)
the student meets the course prerequisites;
(b)
the course is open for enrollment;
(c)
the online course is aligned with the student’s plan for college and career readiness;
(d)
the online course is consistent with the student’s IEP, if the student has an IEP; and
(e)
the online course is consistent with the student’s international baccalaureate program, if the student is participating in an international baccalaureate program.
(2)
(a)
Except as provided in Subsection (2)(b), an eligible student may enroll in online courses for no more than six credits per school year.
(b)
An eligible student may enroll in an online course for middle schoolcredit for no more than two credits per school year if the eligible student:
(i)
does not have a primary LEA of enrollment; and
(ii)
is enrolled in a private school.
(3)
(a)
An eligible student who has a primary LEA of enrollment may enroll in an online course for middle school credit.
(b)
An eligible student who does not have a primary LEA of enrollment may enroll in an online course for middle school credit.
(4)
Notwithstanding Subsection (2):
(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
(b)
upon the request of an eligible student, the state board 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.
(5)
An eligible student’s primary LEA of enrollment:
(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
(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.
(6)
An eligible student’s primary LEA of enrollment may not:
(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
(b)
give preference to an online course or authorized online course provider.
(7)
The state board, including an employee of the state board, may not give preference to an online course or authorized online course provider.
(8)
(a)
Except as provided in Subsection (8)(b), a person may not provide an inducement or incentive to a public school student to participate in the Statewide Online Education Program.
(b)
For purposes of Subsection (8)(a):
(i)
“Inducement or incentive” does not mean:
(A)
instructional materials or software necessary to take an online course; or
(B)
access to a computer or digital learning device for the purpose of taking an online course.
(ii)
“Person” does not include a relative of the public school student.
(9)
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 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.
