"NEW SECTION.  Sec. 1   A new section is added to chapter 28A.150 RCW 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 or online programs. Digital or online programs mean electronically delivered learning that occurs primarily away from the classroom. The superintendent of public instruction has the authority to adopt rules to implement the revised definition beginning with the 2005-2007 biennium. 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 under subsection (8) of this section. The rules shall require districts providing programs under this section to nonresident students to obtain a release under RCW 28A.225.225 or enter into an interdistrict agreement with the resident district, which agreement addresses 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 a digital or online program to adopt and annually review written policies for each program and program provider;
     (3) Requiring each school district offering a digital or 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 documentation of the district of the student's physical residence;
     (5) Requiring that supervision, monitoring, assessment, and evaluation of the digital or online program be provided by certificated instructional staff;
     (6) Requiring compliance with the classroom staffing ratios comparable to that provided in the district's overall classroom staffing ratio and requiring documentation of that compliance;
     (7) Requiring a learning plan for each student receiving instruction in a digital or online program. The rules shall allow course syllabi and other additional information to be used to meet the requirement for a learning plan;
     (8) Requiring that, for appropriate digital and online programs, full-time equivalency be based on the estimated weekly average hours of learning activity identified in the learning plan as long as a student is found, through monthly evaluation, to be making satisfactory progress;
     (9) 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;
     (10) Requiring that each student enrolled in the program have direct personal contact with certificated instructional staff at least weekly. 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;
     (11) Requiring any public schools whose primary purpose is to provide digital or online learning programs to receive accreditation through the state accreditation program or through the regional accreditation program;
     (12) Requiring state-funded public schools or public school programs whose primary purpose is to provide digital or online learning to offer only courses aligned with the state essential academic learning requirements; and
     (13) Requiring that a school district that provides one or more digital courses to a student who is receiving home-based instruction under chapter 28A.200 RCW shall provide the parent or guardian of the student with a description of any difference between home-based education 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."