BILL REQ. #:  S-0941.1 

Read first time 02/01/11.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to online learning; and amending RCW 28A.250.005, 28A.250.030, 28A.250.050, and 28A.250.060.

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

Sec. 1   RCW 28A.250.005 and 2009 c 542 s 1 are each amended to read as follows:
     (1) The legislature finds that online learning provides tremendous opportunities for students to access curriculum, courses, and a unique learning environment that might not otherwise be available. The legislature supports and encourages online learning opportunities.
     (2) However, the legislature also finds that there is a need to assure quality in online learning, both for the programs and the administration of those programs. The legislature is the steward of public funds that support students enrolled in online learning and must ensure an appropriate accountability system at the state level.
     (3) Therefore, the legislature intends to take a first step in improving oversight and quality assurance of online learning programs, and intends to examine possible additional steps that may need to be taken to improve financial accountability.
     (4) The first step in improving quality assurance is to:
     (a) 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;
     (b) Create an approval process for multidistrict online providers;
     (c) Enhance statewide equity of student access to high quality online learning opportunities; and
     (d) Require school district boards of directors to develop policies and procedures for student access to online learning opportunities.
     (5) Further, the legislature finds that online learning provides the opportunity to offer quality education economically to students and provide students choices in their courses.
     (6) The legislature also finds that when a K-12 student chooses to take approved online courses, a school district has no obligation to provide funding for the online courses nor recognize the grades on a student's transcript. Therefore, the legislature intends to require school districts to offer approved online courses, excluding similar courses otherwise offered by the resident school district, to students, for credit, coordinated through the office of online learning.

Sec. 2   RCW 28A.250.030 and 2009 c 542 s 4 are each amended to read as follows:
     The superintendent of public instruction shall create an office of online learning. In the initial establishment of the office, the superintendent shall hire staff who have been employed by the digital learning commons to the extent such hiring is in accordance with state law and to the extent funds are available. The office shall:
     (1) Develop and maintain a web site that provides objective information for students, parents, and educators regarding online learning opportunities offered by multidistrict online providers that have been approved in accordance with RCW 28A.250.020. The web site shall include information regarding the online course provider's overall instructional program, specific information regarding the content of individual online courses and online school programs, a direct link to each online course provider's web site, how to register for online learning programs and courses, teacher qualifications, student-to-teacher ratios, course completion rates, and other evaluative and comparative information. The web site shall also provide information regarding the process and criteria for approving multidistrict online providers. To the greatest extent possible, the superintendent shall use the framework of the course offering component of the web site developed by the digital learning commons;
     (2) Develop model agreements with approved multidistrict online providers that address standard contract terms and conditions that may apply to contracts between a school district and the approved provider. The purpose of the agreements is to provide a template to assist individual school districts, at the discretion of the district, in contracting with multidistrict online providers to offer the multidistrict online provider's courses and programs to students in the district. The agreements may address billing, fees, responsibilities of online course providers and school districts, and other issues;
     (3) Develop a process whereby approved individual online courses are made available to all students statewide;
     (4) Develop and implement a model contract between the office of online learning and approved online course providers;
     (5) Develop and implement a process for reporting online course completion information and grades to school districts;
     (6) Work in conjunction with the superintendent of public instruction to develop processes and procedures for reporting and funding online courses; and
     (((3))) (7) In collaboration with the educational service districts:
     (a) Provide technical assistance and support to school district personnel through the educational technology centers in the development and implementation of online learning programs in their districts; and
     (b) To the extent funds are available, provide online learning tools for students, teachers, administrators, and other educators.

Sec. 3   RCW 28A.250.050 and 2009 c 542 s 6 are each amended to read as follows:
     (1) By August 31, 2010, all school district boards of directors shall develop policies and procedures regarding 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 take effect beginning with the 2010-11 school year. School districts shall submit their policies to the superintendent of public instruction by September 15, 2010. By December 1, 2010, the superintendent of public instruction shall summarize the school district policies regarding student access to online courses and submit a report to the legislature.
     (2) School districts may not prevent students from taking individual approved online courses for credit, as specified in RCW 28A.250.020, unless a similar course is offered by the resident school district or the course is for credit recovery purposes.
     (3) School districts shall provide students with information regarding online courses that are available through the school district. The information shall include the types of information described in subsection (1) of this section.
     (((3))) (4) When developing local or regional online learning programs, school districts shall incorporate into the program design the approval criteria developed by the superintendent of public instruction under RCW 28A.250.020.

Sec. 4   RCW 28A.250.060 and 2009 c 542 s 7 are each amended to read as follows:
     (1) Beginning with the 2011-12 school year, school districts may claim state basic education funding, to the extent otherwise allowed by state law, for students enrolled in online courses or programs only if the online courses or programs are:
     (a) Offered by a multidistrict online provider approved under RCW 28A.250.020 by the superintendent of public instruction;
     (b) Offered by a school district online learning program if the program serves students who reside within the geographic boundaries of the school district, including school district programs in which fewer than ten percent of the program's students reside outside the school district's geographic boundaries; or
     (c) Offered by a regional online learning program where courses are jointly developed and offered by two or more school districts or an educational service district through an interdistrict cooperative program agreement.
     (2)(a) The office of the superintendent of public instruction shall allocate to the office of online learning an amount per each full-time equivalent at statewide uniform rates for basic education, less twenty percent. The office of the superintendent of public instruction shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 for purposes of making such payments less fifteen percent, for approved online courses, excluding small high school enhancements. The superintendent of public instruction shall specify, by August 1, 2011, the process by which funds are allocated.
     (b) The office of the superintendent of public instruction shall adopt rules to implement this subsection (2).
     (3) Criteria shall be established by the superintendent of public instruction to allow online courses that have not been approved by the superintendent of public instruction 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.