BILL REQ. #:  S-1446.4 

READ FIRST TIME 02/13/09.   

     AN ACT Relating to online learning; amending RCW 28A.150.262; adding a new chapter to Title 28A RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   It is the intent of the legislature to:
     (1) Provide objective information to students, parents, and educators regarding available online learning opportunities, including program and course content, how to register for programs and courses, teacher qualifications, student-to-teacher ratios, prior course completion rates, and other evaluative information;
     (2) Create an approval process for multidistrict online course providers;
     (3) Enhance statewide equity of student access to high-quality online learning opportunities; and
     (4) Require school district boards of directors to develop policies and procedures for student access to online learning opportunities.

NEW SECTION.  Sec. 2   (1) "Multidistrict online course provider" means:
     (a) A private organization or nonprofit organization that enters into a contract with at least one school district, with the digital learning commons, or both, to provide online courses or programs to K-12 students from more than one school district; and
     (b) An individual school district that provides online courses or programs to students who reside outside the geographic boundaries of the school district. This does not include a school district online learning program in which less than ten percent of the students enrolled in the program are from other districts under the interdistrict student transfer provisions of RCW 28A.225.225. In addition, it does not include regional online learning programs that are jointly developed and implemented by two or more school districts or an educational service district through an interdistrict cooperative program agreement that addresses, at minimum, how the districts will share student full-time equivalency for state basic education funding purposes and how categorical education programs, including special education, will be provided to eligible students.
     (2)(a) "Online course" means a course that:
     (i) Is delivered primarily electronically using the internet or other computer-based methods; and
     (ii) Is taught primarily by a teacher from a remote location. Students enrolled in the course may have access to the teacher synchronously, asynchronously, or both.
     (b) An online course may be delivered to students at school as part of the regularly scheduled school day. An online course also may be delivered to students, in whole or in part, independently from a regular classroom schedule, but such course or courses must comply with RCW 28A.150.262 to qualify for state basic education funding.

NEW SECTION.  Sec. 3   The superintendent of public instruction shall:
     (1)(a) In collaboration with the state board of education and with the assistance of the digital learning commons, develop and implement approval criteria and a process for approving multidistrict online course providers and a process for monitoring and, if necessary, rescinding the approval of individual courses offered by the provider; and an appeals process. The approval process and criteria shall be adopted by rule by November 1, 2009;
     (b) When developing the approval criteria, the superintendent shall consider the accreditation standards being developed for online learning programs by the Northwest association of accredited schools and the standards developed by the international association for K-12 online learning. In addition to other criteria, the approval criteria shall include the degree of alignment with state academic standards, guidelines for student-to-teacher ratios and require that all teachers be certificated in accordance with Washington state law;
     (c) Initial approval of course providers by the superintendent shall be for two years. The superintendent shall develop a process for the renewal of approvals and for rescinding approvals based on noncompliance with approval requirements. The superintendent may develop an abbreviated approval process for online course providers that were approved by the digital learning commons before the effective date of this section;
     (d) The superintendent may charge multidistrict online course providers a fee to process requests to be reviewed and approved;
     (2) Enter into a multiyear contract with the digital learning commons to carry out the duties in section 4 of this act if sufficient funds are appropriated for this purpose;
     (3) Develop model policies and procedures, in consultation with the Washington state school directors' association, that may be used by school district boards of directors in the development of the school district guidelines required in section 5(1) of this act. The sample policies and procedures shall be disseminated to school districts by October 1, 2009;
     (4) Submit by January 15th a report regarding online learning to the state board of education, the governor, and the legislature. The report shall cover the previous school year and include, but not be limited to, student demographics, course enrollment data, aggregated student course completion and passing rates, activities and outcomes of course and provider approval reviews, and trainings provided to school districts by the digital learning commons;
     (5) By September 1, 2009, modify the school district guidelines for providing course information to the superintendent of public instruction in accordance with RCW 28A.300.500 and for purposes of the standardized transcript to designate if the course was an online course. Both the designation and the guidelines shall be required beginning with the 2010-11 school year.

NEW SECTION.  Sec. 4   To the extent funds are appropriated, the digital learning commons must:
     (1) Develop and maintain a web site that provides objective information for students, parents, and educators regarding online learning opportunities offered by multidistrict online course providers that have been approved by the office of the superintendent of public instruction in accordance with subsection (2) of this section. The web site shall include information, or links to information, regarding the online provider's overall instructional program, specific information regarding the content of individual online courses, how to register for online learning programs and courses, teacher qualifications, student-to-teacher ratios, prior course completion rates, and other evaluative information. Information also shall be provided regarding the process and criteria for approving online providers. The digital learning commons may not charge school districts, students, or parents to access information on or through its web site;
     (2) Assist the superintendent of public instruction in developing and implementing approval criteria and a process for approving multidistrict online course providers and a process for monitoring and, if necessary, rescinding the approval of individual courses offered by the provider. After the approval criteria is adopted, the digital learning commons shall review applications submitted by multidistrict online course providers and within three months recommend to the superintendent whether the provider should be approved;
     (3) When reviewing multidistrict online course providers that offer high school courses, the digital learning commons shall ensure that the content of courses offered by the provider is eligible for high school credit. However, final decisions regarding the awarding of high school credit shall remain with the school district;
     (4) Negotiate standard agreements with approved multidistrict online course providers in order to provide programs and courses to students in school districts. The purpose of the agreements is to allow individual school districts, at the discretion of the school district's board of directors, to offer the multidistrict online course provider's courses to students in their school district. The agreements may include central registration, billing, and reimbursement through the digital learning commons;
     (5) Provide technical assistance and support to school district personnel in the development and implementation of online learning programs in their school districts.

NEW SECTION.  Sec. 5   School district boards of directors shall:
     (1) By June 1, 2010, develop policies and procedures for student access to online courses and online learning programs. The policies and procedures shall include, but not be limited to: Student eligibility criteria; the types of online courses available to students through the school district; the methods districts will use to support student success, which may include a local advisor; when the school district will, and will not, pay course fees and other costs; the granting of high school credit; and a process for students and parents or guardians to formally acknowledge any course taken for which no credit is given. The policies and procedures shall be effective beginning with the 2010-11 school year. School districts shall submit their policies to the superintendent of public instruction by July 1, 2010. By December 1, 2010, the superintendent shall summarize the school district policies regarding student access to online courses and submit a report to the legislature;
     (2) Provide students information regarding online courses that are available through the school district, including those that are offered through the digital learning commons. The information shall include the types of information described in subsection (1) of this section;
     (3) When providing course information to the superintendent of public instruction in accordance with RCW 28A.300.500 and for purposes of the standardized transcript, designate if the course was an online course. The designation shall be required beginning with the 2010-11 school year; and
     (4) When developing local or regional online learning programs, make use of the approval criteria developed by the superintendent of public instruction under section 4(2) of this act.

NEW SECTION.  Sec. 6   (1) Beginning with the 2010-11 school year, school districts may claim state basic education funding, to the extent otherwise allowed by state law, only for students enrolled in online courses that are:
     (a) Online courses offered by multidistrict online course providers approved by the superintendent of public instruction;
     (b) District-sponsored online learning programs if the program and courses serve students who reside within the geographic boundaries of the school district. This includes school district programs in which less than ten percent of the program's students reside outside the school district's geographic boundaries; and
     (c) Regional online learning programs and courses that are jointly developed and implemented by two or more school districts or an educational service district through an interdistrict cooperative program agreement.
     (2) Criteria shall be established by the superintendent of public instruction to allow online courses that have not been approved by the superintendent to be eligible for state funding if the course is in a subject matter in which no courses have been approved and, if it is a high school course, the course meets Washington high school graduation requirements.

NEW SECTION.  Sec. 7   Nothing in this chapter is intended to diminish the rights of students to attend a nonresident school district in accordance with RCW 28A.225.220 through 28A.225.230 for the purposes of enrolling in online courses.

Sec. 8   RCW 28A.150.262 and 2005 c 356 s 2 are each amended to read as follows:
     Under RCW 28A.150.260, the superintendent of public instruction shall revise the definition of a full-time equivalent student to include students who receive instruction through ((digital programs. "Digital programs" means electronically delivered learning that occurs primarily away from the classroom.)) alternative learning experience online programs. As used in this section, an "alternative learning experience online program" is a set of online courses as defined in section 1 of this act that is delivered to students in whole or in part independently from a regular classroom schedule. The superintendent of public instruction has the authority to adopt rules to implement the revised definition beginning with the 2005-2007 biennium for school districts claiming state funding for the programs. The rules shall include but not be limited to the following:
     (1) Defining a full-time equivalent student under RCW 28A.150.260 or part-time student under RCW 28A.150.350 based upon the district's estimated average weekly hours of learning activity as identified in the student's learning plan, as long as the student is found, through monthly evaluation, to be making satisfactory progress; the rules shall require districts providing programs under this section to nonresident students to establish procedures that address, at a minimum, the coordination of student counting for state funding so that no student is counted for more than one full-time equivalent in the aggregate;
     (2) Requiring the board of directors of a school district offering, or contracting under RCW 28A.150.305 to offer, ((a digital)) an alternative learning experience online program to adopt and annually review written policies for each program and program provider and to receive an annual report on its digital alternative learning experience online programs from its staff;
     (3) Requiring each school district offering or contracting to offer ((a digital)) an alternative learning experience online program to report annually to the superintendent of public instruction on the types of programs and course offerings, and number of students participating;
     (4) Requiring completion of a program self-evaluation;
     (5) Requiring documentation of the district of the student's physical residence;
     (6) Requiring that supervision, monitoring, assessment, and evaluation of the ((digital)) alternative learning experience online program be provided by certificated instructional staff;
     (7) Requiring each school district offering courses or programs to identify the ratio of certificated instructional staff to full-time equivalent students enrolled in such courses or programs, and to include a description of their ratio as part of the reports required under subsections (2) and (3) of this section;
     (8) Requiring reliable methods to verify a student is doing his or her own work; the methods may include proctored examinations or projects, including the use of web cams or other technologies. "Proctored" means directly monitored by an adult authorized by the school district;
     (9) Requiring, for each student receiving instruction in ((a digital)) an alternative learning experience online program, a learning plan that includes a description of course objectives and information on the requirements a student must meet to successfully complete the program or courses. The rules shall allow course syllabi and other additional information to be used to meet the requirement for a learning plan;
     (10) Requiring that the district assess the educational progress of enrolled students at least annually, using, for full-time students, the state assessment for the student's grade level and using any other annual assessments required by the school district. Part-time students shall also be assessed at least annually. However, part-time students who are either receiving home-based instruction under chapter 28A.200 RCW or who are enrolled in an approved private school under chapter 28A.195 RCW are not required to participate in the assessments required under chapter 28A.655 RCW. The rules shall address how students who reside outside the geographic service area of the school district are to be assessed;
     (11) Requiring that each student enrolled in the program have direct personal contact with certificated instructional staff at least weekly until the student completes the course objectives or the requirements in the learning plan. Direct personal contact is for the purposes of instruction, review of assignments, testing, evaluation of student progress, or other learning activities. Direct personal contact may include the use of telephone, e-mail, instant messaging, interactive video communication, or other means of digital communication;
     (12) Requiring state-funded public schools or public school programs whose primary purpose is to provide ((digital)) alternative learning experience online learning programs to receive accreditation through the state accreditation program or through the regional accreditation program;
     (13) Requiring state-funded public schools or public school programs whose primary purpose is to provide ((digital)) alternative learning experience online learning to provide information to students and parents on whether or not the courses or programs: Cover one or more of the school district's learning goals or of the state's essential academic learning requirements or whether they permit the student to meet one or more of the state's or district's graduation requirements; and
     (14) Requiring that a school district that provides one or more ((digital)) alternative learning experience online courses to a student provide the parent or guardian of the student, prior to the student's enrollment, with a description of any difference between home-based education as described in chapter 28A.200 RCW and the enrollment option selected by the student. The parent or guardian shall sign documentation attesting to his or her understanding of the difference and the documentation shall be retained by the district and made available for audit.

NEW SECTION.  Sec. 9   Sections 1 through 7 of this act constitute a new chapter in Title 28A RCW.

NEW SECTION.  Sec. 10   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2009, in the omnibus appropriations act, this act is null and void.