6 CAR § 93-105 – Requirements for the administration of distance learning in elementary and secondary schools

(a) Note. This part:
1. (1) Provides minimum distance learning educational supervision requirements only; and
2. (2) Is not designed to replace legal or other student supervision responsibilities schools have to properly protect and supervise students.
(b) Courses offered through distance learning shall include without limitation:
1. (1) College preparatory courses, including without limitation:
  1. (A) Calculus;
  2. (B) Physics;
  3. (C) Arkansas history;
  4. (D) Foreign languages; and
  5. (E) Computer science; and
2. (2) Technological courses, including without limitation:
  1. (A) Advanced math and science courses;
  2. (B) Advanced computer skills courses; and
  3. (C) Advanced courses in the arts.
(c)
1. (1) All distance learning courses shall follow the Arkansas academic standards and course frameworks regardless of digital provider.
2. (2) Schools may utilize courses from outside the state if the out-of-state provider is approved by the Division of Elementary and Secondary Education before the school offers the courses.
3. (3) Any out-of-state provider shall provide assurances of alignment with Arkansas academic standards and course frameworks through the application process.
4. (4) Districts that choose to offer additional digital offerings that are not currently approved for credit may:
  1. (A) Offer the course for no credit or local credit only; or
  2. (B) Submit the course through the course approval process.
(d)
1. (1) All distance learning courses shall have a teacher of record who is an appropriately licensed or approved primary instructor and is responsible for the course.
2. (2) School districts are responsible for ensuring that the teacher of record in a digital learning platform is performing job responsibilities as a teacher of record.
(e) Each receiving site shall have an adult facilitator to:
1. (1) Supervise any instructional activity where students meet as a group; and
2. (2) Administer all student achievement assessments used to determine a student’s final grade.
(f) Student achievement assessments shall be designed to assess the degree to which a student masters the approved content standards and curriculum framework for the distance learning course.
(g)
1. (1) Distance learning that is purely supplemental instruction:
  1. (A) Shall be considered an enhancement to the teacher’s regular instruction; and
  2. (B) Shall not be subject to the restrictive provisions of this part.
2. (2) This includes any incorporation of digital resources that does not provide the student some element of control over time, place, path, and/or pace in the delivery.
(h) Distance learning courses shall be considered large group instruction courses for the purposes of the Rules Governing the Standards for Accreditation of Arkansas Public Schools and School Districts, 6 CAR pt. 61.
(i) Any public school district or open-enrollment public charter school offering distance learning courses shall abide by the policies adopted by the distance learning provider or supplier of courses in such a way that students taking distance learning courses are able to participate in the courses without falling outside of established attendance policies.
(j) Attendance in distance learning courses shall be determined by the online attendance and time the student is working on the course as monitored by the school district or open-enrollment public charter school to ensure the student progresses toward credit attainment for the course.