READ FIRST TIME 02/18/05.   

     AN ACT Relating to digital learning programs; and adding a new section to chapter 28A.150 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.150 RCW to read as follows:
     (1) The legislature finds that digital learning courses and programs can provide students with opportunities to study subjects that may not otherwise be available within the students' schools, school districts, or communities. These courses can also meet the instructional needs of students who have scheduling conflicts, students who learn best from technology-based instructional methods, and students who have a need to enroll in schools on a part-time basis. Digital learning courses can also meet the needs of students and families seeking nontraditional learning environments. The legislature further finds that the state rules used by school districts to support some digital learning courses were adopted before these types of courses were created, so the rules are not well-suited to the delivery of online instruction. As a result, at least one school district has received an audit exception for the way the district operated and accounted for its digital learning courses. It is the intent of the legislature to clarify the requirements for digital learning courses and to give school districts and the auditors a common set of guidelines for their delivery and funding.
     (2) The board of directors of a school district may operate digital learning programs for eligible full-time students, or eligible part-time students who meet the provisions of RCW 28A.150.350. The board of directors may also provide such programs through contract to the extent permitted under RCW 28A.150.305. The board of directors of a school district claiming state funding for digital learning programs shall:
     (a) Adopt and periodically review written policies for such programs;
     (b) Formally approve programs that rely primarily on digital curriculum;
     (c) Require that individual courses offered primarily through digital curriculum be approved by a designated school district official;
     (d) Receive an annual report on its digital learning programs from its staff. The report should include, at a minimum, information included in guidelines provided by the superintendent of public instruction;
     (e) Institute 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;
     (f) Grant credit to a student who successfully demonstrates, through examination, project completion, or other performance-based methods instead of counting contact hours, that the student has successfully completed a course;
     (g) Complete any program evaluation requirement adopted by the superintendent of public instruction under subsection (5)(d) of this section;
     (h) Report annually to the superintendent of public instruction on the number of its digital learning programs and courses and the number of students enrolled in the programs or courses;
     (i) Define a full-time equivalent student under RCW 28A.150.260 and a part-time student under RCW 28A.150.350 based upon the district's estimated average weekly hours; and
     (j) Periodically complete a self-evaluation component designed to objectively measure the effectiveness of the programs, including the impact of the courses on student learning and achievement.
     (3) Digital learning courses must provide each student with:
     (a) Direct personal contact with certificated staff designated by either the school district or by the contractor with the approval of the school district. Direct personal contact is for the purposes of instruction, assignment review, testing, evaluation of student progress, or other learning activities. Direct personal contact may include the use of telephone, e-mail, instant messaging, interactive computer, or interactive video communication;
     (b) A description of course objectives monitored by certificated staff, including information on the requirements a student must meet to successfully complete the programs or courses;
     (c) Information on the ways the courses or programs meet the school district's learning goals and, for high school courses, whether and how the courses meet state and district graduation requirements; and
     (d) An assessment of each student's progress at least annually using, for full-time students, the state assessment for the student's grade level and any other annual assessment required by the school district. Part-time students shall also be assessed at least annually. 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 state assessments required under chapter 28A.655 RCW.
     (4) 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, prior to the student's enrollment, 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.
     (5) The office of the superintendent of public instruction shall adopt rules for the implementation of this section, including program implementation standards and enrollment documentation and reporting as follows:
     (a) Each school district shall receive apportionment generated in accordance with this chapter based upon the student full-time equivalent enrollment reported for this program;
     (b) For funding purposes, enrollment shall be determined based upon the learning activities specified in the digital course objectives, including the estimated average weekly hours spent by each individual student participating in a digital program; and
     (c) Enrollment of part-time students shall be subject to the provisions of RCW 28A.150.350, and shall generate the pro rata share of full-time funding.