R277-726-7. Provider Requirements and Responsibilities

  (1)(a) A provider shall administer statewide assessments as directed by the Superintendent, including proctoring statewide assessments, consistent with Section 53F-4-415 and Rule R277-404.

  (b) A provider shall pay administrative and proctoring costs for all statewide assessments.

  (2) 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.

  (3) A provider and any third party working with a provider shall, for all eligible students, satisfy all Board requirements for:

  (a) consistency with course standards;

  (b) criminal background checks for provider employees;

  (c) documentation of student enrollment and participation; and

  (d) compliance with:

  (i) the IDEA;

  (ii) Section 504; and

  (iii) requirements for ELL students.

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

  (a) Board procedures;

  (b) Board timelines; and

  (c) Sections 53F-4-505 through 53F-4-508.

  (5)(a) A provider may charge a fee consistent with other secondary schools.

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

  (i) shall notify the primary school of enrollment with whom the provider has the CCA of the purpose for fees and amounts of fees;

  (ii) shall provide timely notice to a parent of required fees and fee waiver opportunities;

  (iii) shall post fees on the provider website;

  (iv) shall be responsible for fee waivers for an eligible student, including all materials for a student designated fee waiver eligible by a student's primary school of enrollment;

  (v) shall satisfy all requirements of Rule R277-407, as applicable; and

  (vi) shall provide fee waivers to home school or private school students who meet fee waiver eligibility at the provider's expense.

  (6) 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, Utah Family Educational Rights and Privacy Act, and Rule R277-487, including protecting the confidentiality of a student's records and providing a parent and an eligible student access to records.

  (7) Except as otherwise provided in this Rule R277-726, a provider shall submit a student's credit and grade to the Superintendent, using processes and applications provided by the Superintendent for this purpose, to a designated counselor or registrar at the primary school of enrollment, and the student's parent no later than:

  (a) 30 days after a student satisfactorily completes an online semester or quarter course; or

  (b) June 30 of the school year.

  (8) A provider may not withhold a student's credits, grades, or transcripts from the student, parent, or the student's school of enrollment for any reason.

  (9)(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 of enrollment.

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

  (c) A provider shall notify the Superintendent of a student's administrative withdrawal, if the student is suspended for more than ten days, using forms and processes developed by the Superintendent for this purpose.

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

  (b) All program courses shall be coded as semester or quarter courses.

  (c) A provider shall update the provider's course offerings annually.

  (11) A provider shall serve a student on a first-come-first-served basis who desires to take courses and who is designated eligible by a primary school of enrollment if desired courses have space available.

  (12) A provider shall provide all records maintained as part of a public online school or program, including:

  (a) financial and enrollment records; and

  (b) information for accountability and audit purposes upon request by the Superintendent and the provider's external auditors.

  (13) A provider shall maintain documentation of student work, including dates of submission, for program audit purposes.

  (14) 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.

  (15) A provider shall inform a student and the student's parent of expectations for active participation in course work.

  (16) An LEA may participate in the program as a provider by offering a school or program to Utah secondary students 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.

  (17) A program school or program shall:

  (a) be accredited by the accrediting entity adopted by the Board consistent with Rule R277-410;

  (b) have a designated administrator who meets the requirements of Rule R277-520;

  (c) ensure that a student who qualifies for a fee waiver shall receive all services offered by and through the public schools consistent with Section 53G-7-504 and Rule R277-407;

  (d) maintain student records consistent with:

  (i) the federal Family Educational Rights and Privacy Act, 20 U.S.C. Sec 1232g and 34 CFR Part 99; and

  (ii) Rule R277-487; and

  (e) shall offer course work:

  (i) aligned with Utah Core standards;

  (ii) in accordance with program requirements; and

  (iii) in accordance with the provisions of Rules R277-700 and R277-404; and

  (f) shall not issue transcripts under the name of a third-party provider.

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

  (a) shall employ only educators licensed in Utah as teachers;

  (b) may not employ an individual whose educator license has been suspended or revoked;

  (c) shall require all employees to meet requirements of Title 53G, Chapter 11, Part 4, Background Checks, prior to the provider offering services to a student;

  (d) may only employ teachers who meet the requirements of Rule R277-510, Educator Licensing - Highly Qualified Assignment;

  (e) shall agree to administer and have the capacity to carry out statewide assessments, including proctoring statewide assessments, consistent with Section 53F-4-514 and Rule R277-404;

  (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 English Language Learners (ELL);

  (g) shall maintain copies of all CCAs for audit purposes; and

  (h) shall agree that funds shall be withheld by the Superintendent consistent with Sections 53F-4-505, 53F-4-506, and 53F-4-508.

  (19) A provider shall cooperate with the Superintendent in providing timely documentation of student participation, enrollment, educator credentials, and other additional data consistent with Board directives and procedures and as requested.

  (20) A provider shall post required information online on the provider's individual website including required assessment and accountability information.

  (21)(a) A provider contracting with a third-party to provide educational services to students participating with the provider through the Statewide Online Education Program shall:

  (b) develop a written monitoring plan to supervise the activities and services provided by the third-party provider to ensure:

  (i) a third-party provider is complying with:

  (A) federal law;

  (B) state law; and

  (C) Board rules;

  (ii) curriculum provided by a third-party provider is aligned with the Board's core standards and rules;

  (iii) supervision of third-party facilitation and instruction by an educator licensed in Utah:

  (A) employed by the provider, and

  (B) reported as teacher of record per Section R277-484-3 and Subsection R277-726-2(3); and

  (iv) consistent with the LEA's administrative records retention schedule, maintenance of documentation of the LEA's supervisory activities.

  (22) A provider shall offer courses consistent with standards outlined in an applicable Statewide Services Agreement, which may be updated or amended to reflect changes in law, rule or recommended practice.