Section 15-1502-L - Clearinghouse for online course offerings(a) Duty to establish.--The department shall establish a central online clearinghouse which shall include the following: (1) A database of online courses for students enrolled in grades kindergarten through twelve and shall be accessible by school entities, nonpublic schools, home education supervisors and the general public.(2) A database of online professional development courses for compliance with section 1205.2.(b)Implementation schedule.--In establishing the clearinghouse, the department shall adhere to the following implementation schedule:(1) From the date of establishment of the clearinghouse, which shall be no later than the commencement of the 2024-2025 school year, and in each school year thereafter, the clearinghouse shall offer online courses which provide instruction for grades nine through twelve.(2) Beginning in the 2025-2026 school year and in each school year thereafter, the clearinghouse shall offer online courses which provide instruction for grades seven through eight.(3) Beginning in the 2026-2027 school year and in each school year thereafter, the clearinghouse shall offer online courses which provide instruction for kindergarten through sixth grade.(4) Beginning in the 2027-2028 school year and in each school year thereafter, the clearinghouse shall offer professional development courses.(c)Purchase of online courses or professional development courses.--Online courses or professional development courses included in the clearinghouse from providers may be offered for purchase as provided under subsection (g).(d)Responsibilities of department.--The department shall:(1) Create an online database that catalogs the online courses and professional development courses for which an application was approved under subsection (e) and make the database available to school entities, nonpublic schools, home education programs and the general public.(2) Construct the database provided for under paragraph (1) for online courses and professional development courses in such a way as to:(i) Provide information on each course listed in the database, including a description of the content and applicable grade levels of each course.(ii) Facilitate communication between school entities, nonpublic schools or home education programs and providers of online courses and professional development courses cataloged in the clearinghouse to expedite the purchasing of the online courses.(3) At least annually, or at any time the status of an online course or professional development course changes, update the database under paragraph (1).(4) Collect application fees provided for in subsection (f) and deposit the fees into the account.(5) Utilize the money in the account, including interest on the money, to pay expenses incurred by the department in carrying out its duties under this article.(6) Explore the possibility for Federal and private funding to support the clearinghouse.(7) Upon request, provide assistance to school districts which have been declared to be in financial recovery status or identified for financial watch status under Article VI-A by facilitating the school districts' search for low-cost or no-cost online course or professional development course options.(e) Applications.-- (1) The department shall develop an application and an application process that specify the time, form and manner by which providers may submit their online course or professional development course offerings to the department for inclusion in the clearinghouse.(2) A provider may submit an application to the department for approval of the online course or professional development course through a certification process. The application shall include: (i) A notarized affidavit certifying that: (A) The online course being submitted for inclusion in the clearinghouse is aligned to the State academic standards for education provided for in 22 Pa. Code Ch. 4 (relating to academic standards and assessment); or(B) The professional development course being submitted for inclusion in the clearinghouse is compliant with section 1205.2.(ii) Evidence that the online course being submitted for inclusion in the clearinghouse fulfills at least one of the following criteria:(A) Has been approved by another state for use by its public schools;(B) Has been developed by a provider that has been accredited by a national accreditation body recognized by the United States Department of Education; or(C) Has been designed by a school entity that utilizes the online course or provides the online course to another school entity for its use.(iii) Evidence that the online course being submitted for inclusion in the clearinghouse includes an assessment component for determining student performance.(iv) Evidence that the professional development course being submitted for inclusion in the clearinghouse improves teaching effectiveness or aids in maintaining a teaching certificate.(v) A statement as to whether the online course or professional development course is being offered through the clearinghouse at no cost or for a fee.(f) Fees, application review and approval.--The following shall apply to the establishment of fees and the review and approval of applications: (1) The department may establish a reasonable nonrefundable administrative fee for the purpose of reviewing each application submitted by an online course provider or a professional development provider.(2) If, after a review of an application, the department determines that the application meets the applicable requirements under subsection (e) and does not violate State law or department procedures, standards or policy, the department shall approve the application, notify the provider of the approval and include the online course or professional development course in the database under subsection (d)(1) until such time as the provider requests that the online course or professional development course be removed or the department removes the online course under paragraph (4).(3) If, after a review of an application, the department determines that the application does not meet the applicable requirements under subsection (e), the department shall withhold approval of the application and notify the provider of the reason approval was withheld so that the provider may revise and resubmit the application. Any application that has been resubmitted for review shall be subject to the associated administrative fee authorized under this subsection.(4) The department may revisit and review any approved application and associated online course or professional development course at any time and remove the online course or professional development course from the database under subsection (d)(1) if the department determines that: (i) The information contained in the application was false or misleading or is no longer accurate;(ii) The online course or professional development course has been materially changed or revised in such a way that the approval previously granted for the online course or professional development course should not apply and the provider of the online course or professional development course has not submitted an application to the department seeking approval of the revisions to the online course or professional development course in accordance with the application and fee requirements of this section; or(iii) The standards applicable to the course have materially changed in such a way that the approval previously granted for the online course or professional development course should not apply and the provider of the online course or professional development course has not submitted an application to the department within 30 days seeking approval of the online course or professional development course with revisions to address the revised standards in accordance with the application and fee requirements of this section.(g)Contracts for the provision of courses cataloged in the clearinghouse.--If a school entity, nonpublic school or home education program enters into a contract with a provider for the use of an online course or professional development course cataloged in the clearinghouse, the following shall apply: (1) The purchase price and other payment and contract terms of an online course or professional development course cataloged in the clearinghouse shall be determined by direct negotiations between a school entity, nonpublic school or home education program and a provider.(2) Immediately upon commencing negotiations of the terms of a contract for an online course or professional development course, a provider shall provide the school entity, nonpublic school or home education program with information regarding refund policies and the process for contesting payment amounts.(h) Fees prohibited by school entities.--Notwithstanding subsection (g), a school entity may not charge a fee to another school entity to utilize an online course offered through the clearinghouse.(i) Online course clearinghouse account.-- (1) The Online Course Clearinghouse Account is established as a restricted receipt account in the General Fund.(2) The account may consist of funding appropriated by the General Assembly, application fees collected under subsection (f) and interest generated by money in the account.(3) The money in the account is appropriated to the department on a continuing basis for the purposes of paying expenses incurred by the department in carrying out its duties relating to the administration of the clearinghouse. Added by P.L. TBD 2022 No. 55, § 29, eff. 7/8/2022.