- (1) The Superintendent shall provide a website for the program, including information required under Section 53F-4-512 and other information as determined by the Superintendent.
(2) On or before January 31, 2026, the Superintendent shall create a centralized option, which shares the following information from the primary LEA's SIS with a selected provider for an enrolled student:
- (a) transcripts;
- (b) current IEP or Section 504 accommodation plan; and
- (c) other necessary accommodations and services.
- (3) The Superintendent shall direct a provider to administer the Utah standards and high school assessments, as applicable, consistent with Section 53F-4-514 and Rule R277-404.
(4)(a) The Superintendent shall prepare and make available applications and program agreements for authorized online course providers.
- (b) The Superintendent shall review each application within a reasonable amount of time and may invite prospective providers for interviews or further discussions of qualifications to clarify outstanding issues.
- (c) A provider authorized by the Superintendent by June 30 will begin service July 1 of the following year to allow preparation of fall or summer enrollment in the subsequent academic year.
(5)(a) With the exception of the requirements of Subsection 53F-5-514(2), the Superintendent may determine space availability standards and appropriate course load standards for online courses consistent with Subsection 53F-4-512(3)(g).
- (b) Course load standards may differ based on subject matter.
(6) Before approving a provider, consistent with Section 53F-4-504, the Superintendent shall:
- (a) review Annual Financial Reports and state-administered test data to establish capacity of a program to serve an increased range of students while still meeting program requirements;
- (b) disclose problematic findings to the applicant and the Board; and
(c) verify that a non-LEA prospective provider:
- (i) has a student information system that is compatible with UTREx and USIMS;
- (ii) is a 501(c)(3) non-profit entity;
- (iii) demonstrates data security and privacy compliance capacity, consistent with FERPA, through submission of a report selected by the Superintendent or developed by the American International Society of Certified Public Accountants to evaluate data security controls and assess organizational safeguards in place to protect sensitive data;
(iv) provides a description of the applicant's academic service experience offering general insight into the entity's:
- (A) familiarity with education broadly;
- (B) competency in instruction;
- (C) academic philosophy; and
- (v) meets other requirements identified by the Superintendent to establish the capacity of the provider to act as an LEA for purposes of program participation.
- (7) The Superintendent may restrict a provider from offering coursework if the Superintendent determines that the provider demonstrates repeated low performance on statewide assessments in English Language Arts, math, or science.
- (8) The Superintendent shall withhold funds from a primary LEA and pay an online course provider consistent with Sections 53F-4-505 through 53F-4-507, and Section 53F-4-518.
- (9) The Superintendent may refuse to provide funds if the Superintendent finds that information has been submitted fraudulently or in violation of the law or Board rule by any of the parties to a CCA.
- (10) The Superintendent shall receive and investigate complaints, and impose sanctions, if appropriate, regarding course integrity, financial mismanagement, enrollment fraud or inaccuracy, or violations of the law or this rule specific to the requirements and provisions of the program.
- (11) If a Superintendent or federal entity's investigation finds that a provider has violated the IDEA or Section 504 provisions for a student taking online courses, the provider shall compensate the student's primary LEA for costs related to compliance.
- (12) The Superintendent may monitor an LEA or online course provider for compliance with any requirement of state or federal law or Board rule under the program.
- (13) The Superintendent may withhold funds from a program provider for failure to comply with a reasonable request for records or information.
- (14) The Superintendent shall withhold online course payment from a primary LEA and payments to a provider at the nearest monthly transfer of funds, subject to verification of information, in an amount consistent with, and when a provider qualifies to receive payment, under Subsections 53F-4-505(4), 53F-4-507(3)(b) and 53F-4-508(2)(b).
- (15) The Superintendent shall pay a provider consistent with Minimum School Program funding transfer schedules.
- (16) Upon request from a primary LEA, the Superintendent shall provide an itemized report, by student and course enrolled, showing deductions described in Subsection 53F-4-508(2).
(17)(a) The Superintendent may make decisions on questions or issues unresolved by Title 53F, Chapter 4, Part 5, Statewide Online Education Program or this rule on a case-by-case basis.
- (b) The Superintendent shall report decisions described in Subsection (a) to the Board consistent with the purposes of the law and this rule.
- (18) In accordance with Title 53E, Chapter 4, Academic Standards, Assessments, and Materials, the Superintendent shall establish criteria for an authorized online course provider to submit for approval of an online course that does not have an existing Board course code.
- (19) The Superintendent may advise an eligible student regarding how an online course meets state graduation requirements.
(20) The Superintendent shall direct an eligible student to a counselor at the student's primary school for advice regarding:
- (a) whether an online course meets LEA or school-specific graduation requirements; and
- (b) all other counseling services.
- (21) The Superintendent shall create a model cooperative agreement between a primary LEA and an authorized online course provider to be used when the primary LEA determines IEP services with costs are best provided by an authorized online course provider.
(22) The Superintendent shall organize and conduct annual mandatory training for relevant staff at a primary LEA that addresses program requirements, including:
- (a) reporting requirements and methods;
- (b) uses of resources and tools to ensure adequate monitoring of an eligible student's progress;
- (c) federal and state requirements for accommodating enrollments that involve special education;
- (d) appropriate circumstances and methodologies for reducing an eligible student's schedule; and
- (e) other necessary components as determined by the Superintendent.
(23) The Superintendent shall create a communication dashboard for the program that includes:
- (a) a counselor contact list that is accessible to an authorized online course provider; and
(b) progress monitoring fields containing:
- (i) grades and progress;
- (ii) flags for a student that is at risk of failing an online course; and
- (iii) other information as determined by the Superintendent.
(24) The dashboard described in Subsection (23) shall be accessible to an eligible student's:
- (a) primary LEA;
- (b) school counselor;
- (c) authorized online course provider; and
- (d) parent.
KEY: statewide online education program
Date of Last Change: March 10, 2026
Notice of Continuation: January 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53F-4-510; 53F-4-514; 53E-3-401