PURPOSE: This rule establishes policies and procedures for the Missouri Department of Elementary and Secondary Education (department) to implement a public virtual school program to serve school-age students residing in the state, as authorized by section 161.670, RSMo. There are two (2) paths to become an approved MOCAP provider, through the Request for Proposal (RFP) process or in partnership with a local education agency (LEA). This rule specifically addresses requirements for LEAs, the same requirements are addressed by the RFP.

1. (1) General information. Missouri Course Access and Virtual School Program (MOCAP) publishes a course catalog of MOCAP approved courses on its website for any kindergarten through grade twelve (K-12) students residing in Missouri. All MOCAP teachers are Missouri appropriately certified. All courses offered through MOCAP are aligned with Missouri Learning Standards.
2. (2) Access. School officials will advise students who are considering MOCAP courses about whether those courses are in the best educational interest of that child.

3. (3) Credit. Course credit earned through MOCAP shall be recognized by all LEAs in Missouri.

   1. (A) Courseware providers will notify local education agencies of the percentage complete and the grade percentage earned in each course.
   2. (B) LEAs will accept all transfer credit earned from any MOCAP course.
   3. (C) LEAs will ensure transcripts specify which credits were earned through MOCAP courses.

4. (4) Provider and Course Inclusion in the MOCAP Catalog. There are two (2) methods by which virtual providers and virtual coursework will be included in the MOCAP Catalog:

   1. (A) Request for Proposals. If more than one (1) provider is determined to be in compliance with the provisions of section 161.670, RSMo, the requirements of this rule, to meet qualifications of the MOCAP Qualified Vendor List, to be responsive to the request for proposal issued by the department by meeting the standards for course alignment to Missouri State Learning Standards, web accessibility for students with disabilities, agreeing to all mandatory contractual terms specified within the request for proposal, agreeing to acceptable contractual terms for all negotiable contractual items within the request for proposal, and section 162.1250, RSMo, the department shall ensure that multiple content providers are allowed; and

   2. (B) LEAs.

      1. 1. LEAs may request that the depart-

ment include virtual courses offered by the school district or charter school in the MOCAP catalog.

1. 2. Requests must be made by January 1

for inclusion in the fall catalog and July 1 for inclusion in the spring catalog.

1. 3. The LEA is deemed to be an

approved provider; however, before courses are included in the MOCAP catalog, the LEA must demonstrate that they meet the requirements of sections 161.670 and 162.1250, RSMo, including, but not limited to:

1. A. Pricing and billing structures meet

the requirements of section 161.670, RSMo;

1. B. Student information is secure and

the LEA’s designee signs the department’s attestation that they have measures in place to prevent data breaches and that data breaches are reported pursuant to sections 162.1475 and 407.1500, RSMo;

1. C. Courses are taught by teachers

appropriately certified by the department as required by section 161.670, RSMo;

1. D. Courses meet the requirements of

section 162.1250, RSMo;

1. E. Courses meet the standards of sec-

tion 161.935, RSMo, to assure compliance with federal accessibility laws; and

1. F. Courses are aligned to Missouri

State Learning Standards.

1. 4. If a LEA offers virtual courses or a

full-time virtual program that is purchased from another vendor, the LEA is the approved provider. The approved provider’s responsibilities include, but are not limited 5 CSR 20-100

to, coordination of enrollment, billing, progress and completion reporting, educator assignment reporting, and dispute resolution.

1. (5) Transfer. When a student transfers to another LEA, the MOCAP credit and enrollment(s) will also be transferred to the new LEA without interruption. This transfer provision applies equally to any transfer, including those associated with treatment facilities.

2. (6) Reporting. The following are requirements for reporting MOCAP coursework:

   1. (A) LEAs will report MOCAP courses using the appropriate delivery system codes specified by the department;
   2. (B) Providers will transmit reports to the department in a manner and format and on a timeline specified by the department; and
   3. (C) All courses offered by MOCAP must use course numbers established by the department.
3. (7) MOCAP Enrollment Decisions. If a student, excluding students with an Individualized Education Plan (IEP) or a 504 plan, requests enrollment in a MOCAP course or full-time virtual school, the LEA must either approve or deny the initial request within ten (10) business days, defined as any non-holiday weekday in which the administrative offices operate normal business hours. The ten (10) business day period will begin when the LEA receives the request. A failure to render and communicate the initial decision within ten

4. (10) business days will be deemed to be an enrollment approval.

   1. (A) MOCAP enrollment decisions for students with disabilities must be made by the student’s IEP or 504 team.
   2. (B) Appeals to the department of enrollment in MOCAP courses can be made through the department’s website: www.mocap.mo.gov. If a student or parent (appellant) files an appeal to the department of an enrollment decision, the department will notify the appellant and the LEA of receipt of the appeal. The appellant, when filing the appeal, must submit any and all material previously submitted to the governing board of the LEA whose decision is being appealed along with the final decision of the governing board. The school district or charter school will have seventy-two (72) hours from the filing of the appeal to submit the full record, including evidence given by the LEA used to make the governing board’s decision. The LEA must provide the initial good cause justification for the enrollment decision. If necessary, the department may ask for clarification of the materials presented.
5. (8) Each semester, LEAs must file with the SECONDARY EDUCATION

department, in a manner and at the time specified by the department, the number of MOCAP applications they received along with the number of applications approved and the number denied.

AUTHORITY: section 161.092, RSMo 2016, and section 161.670, RSMo Supp. 2020.* This rule previously filed as 5 CSR 50- 500.010. Original rule filed Sept. 12, 2007, effective March 30, 2008. Moved to 5 CSR 20-100.230, effective Aug. 16, 2011. Amended: Filed Jan. 15, 2019, effective Aug. 30, 2019. Amended: Filed June 12, 2020, effective Jan. 30, 2021. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014 and 161.670, RSMo 2006, amended 2018.