1. (1)(a) A provider shall administer the applicable statewide assessments to a participating home school student as directed by the Superintendent, including proctoring the applicable statewide assessments, consistent with Section 53F-4-510 and Rule R277-404.

   1. (b) A provider is responsible for administrative and proctoring costs and planning for the applicable statewide assessments described in Subsection (1)(a).

2. (2) A provider shall:

   1. (a) establish a procedure that a student or parent may complete online to excuse the student from statewide assessments as described in Subsection 53G-6-803(9); and
   2. (b) record and maintain a choice to opt a student out of a statewide assessment in a manner prescribed by the Superintendent.
3. (3) A provider shall provide a parent or a student with email and telephone contacts for the provider during regular business hours to facilitate parent contact.

4. (4) A provider and any third party working with a provider shall satisfy Board requirements for:

   1. (a) consistency with core standards as described in Sections 53F-4-514 and 53E-6-201;
   2. (b) criminal background checks for employees consistent with Title 53G, Chapter 11, Part 4, Background Checks;
   3. (c) documentation of student enrollment and participation consistent with a standard of active participation on record with the Superintendent; and

   4. (d) compliance with:

      1. (i) the IDEA;
      2. (ii) Section 504; and
      3. (iii) requirements for multilingual students.

5. (5) A provider shall receive payments for a student properly enrolled in the program from the Superintendent consistent with:

   1. (a) Board procedures;
   2. (b) Board timelines; and
   3. (c) Sections 53F-4-505 through 53F-4-508, Section 53F-4-518, and Board rule.

6. (6)(a) A provider may charge a fee consistent with other secondary schools and in accordance with Title 53G, Chapter 7, Part 5, Student Fees, and Rule R277-407.

   1. (b) If a provider intends to charge a fee of any kind, the provider:

      1. (i) shall notify the primary school with whom the provider has the CCA of the purpose for fees and amounts of fees;
      2. (ii) shall provide timely notice to a parent of required fees and fee waiver opportunities;
      3. (iii) shall post fees on the provider website and disclose fees in course notes provided to the Superintendent as part of the provider's annual submission of course lists;
      4. (iv) shall provide materials for a student who qualifies for fee waivers;
      5. (v) shall satisfy the requirements of Rule R277-407, as applicable; and
      6. (vi) shall provide fee waivers to a home school student who meets fee waiver eligibility at the provider's expense.

7. (7) A provider shall maintain a student's records and comply with the federal Family Educational Rights and Privacy Act, Title 53E, Chapter 9, Part 3, Student Data Protection, and Rule R277-487, including:

   1. (a) protecting the confidentiality of a student's records and providing a parent and an eligible student access to records; and

   2. (b) providing a parent or student timely documentation of and access to evidence and records of educational performance, including:

      1. (i) test scores;
      2. (ii) grades;
      3. (iii) progress and performance measures; and
      4. (iv) completion of credit.

8. (8) Except as otherwise provided in this rule, a provider shall, using processes and applications provided by the Superintendent within five business days following the 20 school day statutory period allowed for student withdrawal:

   1. (a) confirm that a student is participating in a course; or
   2. (b) record a student's lack of participation.

9. (9) Following confirmation of a student's active participation, a provider shall:

   1. (a) routinely update SOEP enrolment and tracking system records and local records stored in the provider's SIS to reflect continuing student participation as determined by student credit accruals and to maintain parity across data storage and reporting tools;
   2. (b) submit a student's credit and grade to the Superintendent by enrolling the student, per UTREx specifications, in an appropriately marked course with a start date within the provider's school calendar;

   3. (c) provide for each included course:

      1. (i) the core code;
      2. (ii) a local section code;
      3. (iii) teacher of record information; and
      4. (iv) as necessary, the unique title a provider utilizes to identify a course to a designated counselor or registrar at the primary school, and the student's parent; and

   4. (d) complete the submissions required under Subsection (9)(c) and submit official transcripts of grade and credit for each .25, .5, or greater credit earned by a student by a secure means to the student's parent and the primary LEA by the earlier of:

      1. (i) 30 days after a student satisfactorily completes an online semester or quarter course; or
      2. (ii) by June 30 annually.

10. (10) A provider shall provide an official transcript to a student's parent and primary school:

    1. (a) no later than June 30 for students in grades 6-11; or
    2. (b) within the reasonably requested timeline of a primary school for a student in grade 12.
11. (11) A provider may not withhold a student's credits, grades, or transcripts from the student, parent, or the student's primary school for any reason.

12. (12)(a) If a provider suspends or expels a student from an online course for disciplinary reasons, the provider shall notify the student's primary LEA by placing the student on disciplinary withdrawal.

    1. (b) A provider is responsible for due process procedures for student disciplinary actions in the provider's program.

    2. (c)(i) A provider shall notify a student, parent, and a counselor at the student's primary school of if the provider intends to administratively withdraw the student, as a result of the student being inactive in a course for more than ten days.

       1. (ii) If a student, parent, or counselor fails to request reinstatement following notification under Subsection (c)(i), the provider shall formally withdraw the student within five school days by changing the status of the course to administrative withdrawal, which will automatically notify the student, parent, and primary LEA of the action.
13. (13) If a student entitled to services under the IDEA is removed from an online course, the primary LEA shall work with the student and the student's parents to identify alternatives to provide a free and appropriate public education.

14. (14)(a) A provider shall provide to the Superintendent a list of course options using USBE-provided course codes.

    1. (b) A provider shall update the provider's course offerings by March 1 annually.
    2. (c) If a course may reference mature subject matter, a provider shall attach a disclaimer to the course description that states, "This course may contain mature content and may not be suitable for students of all ages."
15. (15) A provider shall serve a student on a first-come-first-served basis.

16. (16) A provider shall maintain and provide records and systems as part of a public online school or program, including:

    1. (a) financial and enrollment records;
    2. (b) information for accountability, program monitoring, and audit purposes;
    3. (c) timely documentation of student participation, enrollment, and educator credentials; and
    4. (d) records of services provided through third parties.

17. (17) A provider shall maintain the following for at least five calendar years after the student graduates:

    1. (a) test scores;
    2. (b) student grades;
    3. (c) completion of credit; and
    4. (d) other progress and performance measures.

18. (18)(a) A provider is responsible for complete and timely submissions of record changes to executed CCAs and submission of other reports and records as required by the Superintendent.

    1. (b) A provider shall update CCAs to the nearest credit value earned by June 30 annually.
    2. (c) A provider may only maintain an CCA open after June 30 if a student remains actively engaged in coursework, meeting the provider's standard of active participation.
19. (19) A provider shall inform a student and the student's parent of travel expectations to fulfill course requirements or participate in statewide assessments, before the start of the course.

20. (20)(a) An LEA may participate in the program as a provider by offering a school or program consistent with Rule R277-115 to a Utah student in grades 6-12 who is not a resident student of the LEA and a regularly-enrolled student of the LEA consistent with Sections 53F-4-501 and 53F-4-503.

    1. (b) An LEA program created in accordance with Subsection (20)(a) for serving students in grades 9-12 online must partner with an accredited school and shall:

       1. (i) report grades and credit earned by a student to the Superintendent; and
       2. (ii) record educator assignments consistent with Rule R277-484.

21. (21) A program school or program shall:

    1. (a) be accredited consistent with Rule R277-410;
    2. (b) have a designated administrator who meets the requirements of Rule R277-309;
    3. (c) ensure that a student who qualifies for a fee waiver receives services offered by and through the public schools consistent with Section 53G-7-504 and Rule R277-407;

    4. (d) maintain student records consistent with:

       1. (i) the federal Family Educational Rights and Privacy Act, 20 U.S.C. 1232g and 34 CFR Part 99;
       2. (ii) Rule R277-487;
       3. (iii) this rule; and

    5. (e) shall offer course work:

       1. (i) aligned with Utah Core standards as described in Sections 53E-4-202, 53F-4-505, and 53F-4-514;
       2. (ii) in accordance with program requirements; and
       3. (iii) in accordance with Rules R277-700 and R277-404;
    6. (f) may not issue transcripts under the name of a third-party provider; and
    7. (g) shall record teaching assignments in CACTUS or USIMS by October 13 annually consistent with Rule R277-484 and Section R277-312-3.

22. (22) An LEA that offers an online program or school as a provider under the program:

    1. (a) shall employ only educators licensed in Utah as teachers;
    2. (b) may not employ an individual whose educator license has been suspended or revoked;
    3. (c) shall require employees to meet requirements of Title 53G, Chapter 11, Part 4, Background Checks, before offering services to a student;
    4. (d) may only employ teachers who meet the requirements of Section 53E-6-201, Section 53F-4-504, and Rule R277-309;
    5. (e) shall agree to administer and, before approval as an authorized online course provider, have the capacity to proctor, and carry out the applicable statewide assessments, consistent with Sections 53E-4-302, 53F-2-103, and Rule R277-404;
    6. (f) in accordance with Section R277-726-8, shall provide services to a student consistent with requirements of the IDEA, Section 504, and Title VI of the Civil Rights Act of 1964 for multilingual students;
    7. (g) shall submit CCAs to the Superintendent before the provider initiates instruction of a student; and
    8. (h) may not begin instruction until the Superintendent issues a notice of enrollment.
23. (23) A provider shall prominently post required information on the provider's website.

24. (24) A provider shall develop a written monitoring plan to supervise any third-party providing educational services to a student to ensure:

    1. (a) the third-party provider complies with:

       1. (i) federal law;
       2. (ii) state law; and
       3. (iii) Board rules;
    2. (b) the third-party provider understands that it is under an obligation to provide appropriate services to students;
    3. (c) the third-party provider provides the provider with access to curriculum for alignment and adjustment to ensure the curriculum is consistent with the Utah core standards in Rule R277-700 and a Board approved core code; and
    4. (d) compliance with the provider's administrative records retention schedule.
25. (25) A provider shall establish contractual and procedural safeguards with any third-party, through which the provider retains legal and procedural authority to open coursework to a participating student only upon issuance of a notice of enrollment by the Superintendent.
26. (26) A provider shall offer services as outlined in the Statewide Services Agreement, which may be updated or amended to reflect changes in law, rule, policy or recommended practice.

27. (27) A provider is not required to independently verify:

    1. (a) early graduation status; or
    2. (b) that high school courses taken through the Statewide Online Education Program did not replace Middle School courses.

28. (28) A provider shall adhere to program requirements, including:

    1. (a) ensuring that all assigned educators are appropriately licensed, endorsed, and aligned with course assignments before providing services to students;
    2. (b) complying with requirements applicable to an authorized online course provider described in this Rule R277-726, including the requirement to maintain a course completion rate of at least 80% based on the provider's year-end UTREx submission;
    3. (c) maintaining parity of no more than 5% discrepancy at all points in the school year between the Student Enrollment and Tracking System, "SEATS," or a relevant alternative local student information system, and UTREx; and
    4. (d) complying with timelines specified in law and rule regarding course acceptance, updating of data systems, and transcript submissions.
29. (29) If the Superintendent finds that an authorized online course provider is out of compliance with Subsection (28), the Superintendent shall provide the provider with a list of violations and a reasonable timeline for provider to correct the non-compliance.
30. (30) If an authorized online course provider fails to correct a violation identified under Subsection (29) within the time provided, the Superintendent may remove the provider from participation in the program.
31. (31) A provider may only offer a course designed for original credit through the program.
32. (32) A provider may not offer competency-based awards of credit without a student engaging in a course of digital, teacher-led instruction under the program.
33. (33) A provider may not grade a student on a pass-fail basis.
34. (34) If a student fails to complete a course of instruction following course confirmation, a provider shall issue a transcript reflecting a grade of Incomplete (I) or No Grade (NG).
35. (35) If a student completes a course of instruction but fails to earn a passing grade or refuses an offer to remediate, the provider shall issue the student a failing grade.
36. (36) A provider may not encourage a student to withdraw from a course.

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