1. (1) A school district may provide remote instruction, including the provision of services through electronic means. A district shall comply with any rules adopted by the board of public education that specify standards for remote instruction. The provision of remote instruction by a district is limited to pupils:

   1. (a) meeting the residency requirements for that district as provided in 1-1-215;
   2. (b) living in the district and eligible for educational services under the Individuals With Disabilities Education Act or under 29 U.S.C. 794;
   3. (c) enrolled in the district and physically attending a school or offsite instructional setting of the district under an attendance agreement pursuant to Title 20, chapter 5, part 3; or
   4. (d) seeking remote instruction in another district when the pupil's district of residence does not provide remote or in-person instruction in an equivalent course. A course is not equivalent if the course does not provide the same level of advantage on successful completion, including but not limited to dual credit, advanced placement, and career certification.
2. (2) A school of a district providing remote instruction shall provide remote instruction to an out-of-district pupil under subsection (1)(d) unless, because of class size restrictions, the accreditation of the school would be adversely impacted by providing remote instruction to the pupil.

3. (3)

   1. (a) A district providing remote instruction shall include pupils in enrollment counts for ANB calculation purposes as described in 20-9-311.
   2. (b) Except as provided in subsection (1)(c) of this section, the provisions of out-of-district attendance and tuition laws under Title 20, chapter 5, part 3, do not apply to remote instruction.
4. (4) The superintendent of public instruction shall adopt rules for the administration and enforcement of this section.

History: En. Sec. 1, Ch. 570, L. 2005; amd. Sec. 7, Ch. 247, L. 2021; amd. Sec. 3, Ch. 580, L. 2023; amd. Sec. 5, Ch. 431, L. 2025.