BILL REQ. #:  S-0291.4 

Read first time 01/21/09.   Referred to Committee on Early Learning & K-12 Education.

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

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Local advisor" means an in-person supervisor who supports students enrolled in online courses. This person is not the course instructor and, therefore, is not required to be a subject-matter expert. This person facilitates and monitors the student's learning and communication with the online teacher. This person can be a teacher, paraprofessional, counselor, or other person providing instruction.
     (2) "Local school district" means the location of the home-based instruction or district in which the student is enrolled.
     (3) "Online" means an electronic media including, but not limited to, web-based, CD, DVD, or computer-based.
     (4) "Online course provider" means an organization that provides online course content and instruction. The online course provider may not grant credit, but merely reports student grades and recommended credit amount to the local school district, which thereafter may grant credit.
     (5) "Online teacher" means a teacher who teaches online courses.
     (6) "Teacher" means a person who teaches, in-person, in a traditional school setting.
     (7) "Statewide coordinating entity" means the central organization that provides quality review of online course providers, centralized registration of online courses, contract negotiations, support, training, and evaluation.

NEW SECTION.  Sec. 2   (1) The digital learning commons shall be the statewide coordinating entity for online learning in Washington state.
     (2) The digital learning commons shall:
     (a) Administer the state online course network; and
     (b) Ensure high quality education for students who are being educated through online courses provided through the statewide coordinating entity.
     (3) The digital learning commons shall aggregate courses from providers of endorsed online courses. The digital learning commons may charge online course providers a fee to process requests to be endorsed. Only providers of an endorsed course may offer courses through the digital learning commons. Students who take courses that are not endorsed by the digital learning commons may not be granted credit for those courses, except as provided in this section. The office of the superintendent of public instruction shall monitor and enforce endorsement and credit requirements under this section.
     (4) The digital learning commons shall incorporate national accreditation standards in its rubrics to endorse courses.
     (5) A waiver procedure shall be created by the digital learning commons for local school districts to allow students to:
     (a) Take online courses that are not endorsed in subject matters that are not offered by the digital learning commons; and
     (b) Take courses online that may or may not already be offered at their local school or in their program of home-based instruction.
     (6) Online courses shall be available to all students in grades K-12.

NEW SECTION.  Sec. 3   School districts are responsible for the cost of online courses taken by students in their districts through the digital learning commons. Local school districts shall implement guidelines for permitting students to take online courses. The guidelines must address student eligibility for particular courses; and subject matter for which credit may be obtained, such as credit recovery courses and subjects that are not offered at the local school or through a program of home-based instruction.

NEW SECTION.  Sec. 4   (1) The digital learning commons shall hire an outside evaluator to prepare a report for each fiscal year to be filed with appropriate committees of the legislature no later than September of each year. The report shall include, but is not limited to, the results from the state assessment administered to students enrolled in courses offered by digital learning commons-endorsed course providers and other measures of success, such as the number of students enrolled in the course, the number of students who withdrew from the course regardless of when they withdrew, the number of students who completed the course, the number of students who failed to complete the course, and the number of students who were recommended by the digital learning commons to receive credit as well as those who were not recommended to receive credit.
     (2) The digital learning commons shall provide a program that gives local advisors access to the student's online course progress reports in order to monitor the student in areas such as progress, homework, and grades. A parent, guardian, or individual acting as a parent in the absence of a parent or guardian shall provide a signed and dated written consent before an educational agency or institution may disclose information regarding the student's education records. The written consent must (a) specify the records that may be disclosed; (b) state the purpose of the disclosure; and (c) identify the party or class of parties to whom the disclosure may be made. A copy of the written consent shall be provided to the parent, guardian, or individual acting as a parent in the absence of a parent or guardian if so requested. The signed and dated written consent may include a record and signature in electronic form that identifies and authenticates a particular person as the source of the electronic consent and indicates that person's approval of the information contained in the electronic consent. Local advisors who find that a student taking an online course is not on track to pass may have the student removed from the online course and the school district reimbursed if it is determined that the online teacher has failed to monitor and maintain the student's progress. Local advisors who find that a student taking an online course is not on track to pass may prohibit the student from taking subsequent online courses if it is determined that the student has failed to keep up with the online course or coursework, or if the student does not have requisite prior knowledge for success in the online course. Students prohibited from taking further online courses may petition the school district in subsequent semesters for permission to take online courses.

NEW SECTION.  Sec. 5   (1) The digital learning commons shall post on its web site:
     (a) The criteria used to endorse online courses;
     (b) A list of endorsed courses from providers, with a detailed description of each course; and
     (c) The evaluations taken of the online courses.
     (2) If a state standard exists for the subject of a course offering, the online course must align with the essential academic learning requirements in RCW 28A.655.070 and the grade level expectations in RCW 28A.655.075.

NEW SECTION.  Sec. 6   Each online teacher for grades seven through twelve shall be certified, certificated, or licensed to teach the grade or subjects and meet the federal no child left behind act "highly qualified" standards. All online teachers must successfully complete professional development courses related to teaching online.

NEW SECTION.  Sec. 7   Sections 1 through 6 of this act constitute a new chapter in Title 28A RCW.