Section R277-726-6 - Superintendent Requirements and Responsibilities(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 Board.(2) 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.(3)(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.(4)(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.(5) 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; and(b) verify that a prospective provider:(i) has a student information system that is compatible with 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 organization 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.(6) 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.(7) The Superintendent shall withhold funds from a primary LEA of enrollment and pay a provider consistent with Sections 53F-4-505 through 53F-4-507, and Section 53F-4-518.(8) The Superintendent may refuse to provide funds under a CCA 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.(9) 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.(10) 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 of enrollment for costs related to compliance.(11) The Superintendent may monitor an LEA's or program provider's compliance with any requirement of state or federal law or Board rule under the program.(12) The Superintendent may withhold funds from a program provider for the participant's failure to comply with a reasonable request for records or information.(13) Program records are available to the public subject to Title 63G, Chapter 2, Government Records Access and Management Act.(14) The Superintendent shall withhold online course payment from a primary LEA of enrollment and payments to an eligible 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 showing deductions described in Subsection 53F-4-508(2), by student and course enrolled.(17)(a) The Superintendent may make decisions on questions or issues unresolved by Title 53F, Chapter 4, Part 5, Statewide Online Program Act or this rule on a case-by-case basis.(b) The Superintendent shall report decisions described in Subsection (15)(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 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 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 address program requirements for a primary LEA, 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 for an eligible student that is accessible to an authorized online course provider; and(b) progress monitoring fields containing:(i) grade progress reporting of an eligible student by an authorized online course provider;(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: (c) authorized online course provider; andUtah Admin. Code R277-726-6
Amended by Utah State Bulletin Number 2016-5, effective 2/8/2016Amended by Utah State Bulletin Number 2016-17, effective 8/11/2016Amended by Utah State Bulletin Number 2017-1, effective 12/8/2016Amended by Utah State Bulletin Number 2019-12, effective 5/23/2019Amended by Utah State Bulletin Number 2020-07, effective 3/12/2020Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021Amended by Utah State Bulletin Number 2021-19, effective 9/22/2021Amended by Utah State Bulletin Number 2022-10, effective 5/11/2022Amended by Utah State Bulletin Number 2022-17, effective 8/22/2022Amended by Utah State Bulletin Number 2022-22, effective 11/7/2022Amended by Utah State Bulletin Number 2023-16, effective 8/8/2023Amended by Utah State Bulletin Number 2024-16, effective 8/7/2024