RELATES TO:
KRS
156.070,
156.160,
158.4416,
158.6451,
160.345,
160.380
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
156.070 authorizes the Kentucky Board of
Education to have management and control of programs operated in the common
schools. KRS
156.160 requires the Kentucky Board of
Education to promulgate administrative regulations establishing standards which
school districts shall meet in program service to students. This administrative
regulation establishes minimum requirements for the operation of online,
virtual and remote learning programs in school districts for grades
Kindergarten through grade 12.
Section
1. Definitions.
(1) "Asynchronous
learning" means forms of education, instruction, and learning that do not
require interaction with others to occur at the same time through a variety of
strategies and tools.
(2) "Child
with a disability" is defined by
707 KAR 1:002, Section
1(9).
(3) "Full-Time Enrolled
Online, Virtual and Remote Learning Program" means a public school district
program that enrolls K-12 students on a full-time basis, where teachers and
students are not in the same physical location and all or most of the
instruction is provided online through a combination of synchronous and
asynchronous learning strategies. A full-time enrolled online, virtual and
remote learning program shall not be classified as an alternative education
program as set forth in
704 KAR 19:002.
(4) "Individual education program" or "IEP"
is defined by
707 KAR 1:002, Section
1(34).
(5) "Individual learning
plan" or "ILP" is defined by 704 KAR
19.002, Section 1(6).
(6) "Synchronous learning" means forms of
education, instruction, and learning that occur at the same time through a
variety of strategies and tools.
(7) "Virtual and Performance-Based" means
course setup and attendance verification pursuant to
702 KAR 7:125, (1)(4)(g) and
704 KAR 3:305(7).
Performance-Based virtual students included in the exception set forth at
702 KAR 7:125(1)(4)(g) shall not
be covered by this administrative regulation.
(8) "Voluntary placement" means the placement
of a student in an online, virtual and remote learning program at the request
of the parent or emancipated student and with the approval of the school
district to:
(a) Ensure the health and safety
of the individual student including the social, emotional, and mental health
needs of the learner; and
(b) Meet
the educational needs of the student.
Section 2. Program Requirements.
(1) For any full-time enrolled online,
virtual and remote program it operates, school districts shall ensure that:
(a) All of the education services and
requirements as a physical school to fully support the academic, social,
emotional, and mental health needs of the learner are provided;
(b) The online, virtual and remote learning
program meets the requirements set forth in
704 KAR 3:305;
(c) The online, virtual and remote learning
program is aligned to the academic and curricular requirements of the district;
and
(d) A student enrolled in a
full-time enrolled online, virtual and remote learning program shall be
eligible to participate in one (1) or more types of programs to address student
learning needs, which shall include credit acceleration, credit accumulation,
and an innovative path to graduation.
(2) Each local board of education shall adopt
and annually review policies and procedures for the operation of each full-time
enrolled online, virtual and remote learning program within the district.
Locally-adopted policies and procedures shall include:
(a) The purpose of the program, including the
ways the program supports the district's postsecondary readiness goals for
students;
(b) Locally defined
eligibility criteria, as appropriate;
(c) Procedures for enrolling students in the
program, including procedures to ensure voluntary placement;
(d) Procedures for transitioning students out
of the program;
(e) Procedures for
the development and implementation of student ILPs as required by
704 KAR 3:305; and
(f) Implementation of an application and
on-boarding process to ensure students and families understand the expectations
for students in a full-time enrolled online, virtual and remote learning
program and a determination of candidacy.
(3) Only students with determined appropriate
digital access and support beyond the school campus shall be candidates for
enrollment in the virtual school, program, or academy. The district shall
ensure all students enrolled in a virtual school, program, or academy have
appropriate digital access to fully participate in and access the online,
virtual and remote learning program.
(4) Full-time enrolled online, virtual and
remote learning program curriculum shall be aligned with the Kentucky Academic
Standards established in
704 KAR 3:303, 704 KAR Chapter 8,
and the student learning goals in the ILP.
(5) Each student enrolled in a full-time
enrolled online, virtual and remote learning program shall be subject to the
minimum graduation requirements established in
704 KAR 3:305 and any additional
local district graduation requirements.
(6) Each student enrolled in a full-time
enrolled online, virtual and remote learning program shall participate in the
state-required assessment program and be included in the state accountability
system as set forth in 703 KAR Chapter 5.
(7) A full-time enrolled online, virtual and
remote learning program shall be subject to all applicable requirements of
703 KAR 5:225 and Kentucky's
Consolidated State Plan implementing the Elementary and Secondary Education Act
of 1965 as amended by the Every Student Succeeds Act of 2015, or its
successor.
(8) Each student
participating in a full-time enrolled online, virtual and remote learning
program shall be eligible to access extracurricular activities and programs as
allowed by local district and school council policies and by
702 KAR 7:065.
(9) Each student enrolled in a full-time
enrolled online, virtual and remote learning program shall have access to
instructional and support resources and services available to other students in
the district, which shall include instructional materials, tutoring,
intervention, and counseling services, in furtherance of each student's
educational program as determined through the development of the ILP.
(10) The school district shall document each
student enrolled in a full-time enrolled online, virtual and remote learning
program as non-transported in the state student information system for
transportation funding purposes.
Section 3. Placement of Students.
(1) Enrollment of any student in a full-time
enrolled online, virtual and remote learning program shall be a voluntary
placement.
(2) A student entering
an online, virtual and remote learning program shall meet the eligibility
requirements for the program established by the local board pursuant to Section
2 of this administrative regulation.
(3) Voluntary placement of a child with a
disability in a full-time enrolled online, virtual and remote learning program
shall be made through the Admissions and Release Committee (ARC) pursuant to
707 KAR 1:320. The ARC shall
document the student's voluntary placement in the full-time enrolled online,
virtual, and remote learning program in the ARC Conference Summary.
(a) The voluntary placement decisions for a
student who has been identified under
29 U.S.C. §
794, Section
504 of the Rehabilitation Act of
1973, as amended, shall be made through a team process consistent with the
applicable requirements outlined in 34 C.F.R. Part
104.
(b) The district shall fully implement any
accommodation required by 29
U.S.C. §
794, Section
504 of the Rehabilitation Act of
1973, as amended and any IEP for a child with a disability in a full-time
enrolled online, virtual and remote learning program. The district shall ensure
the Section 504 Team and Admissions and Release Committee (ARC) was involved in
determining how all special education, related services, and accommodations
shall be implemented for a child with a disability in the full-time enrolled
online, virtual and remote learning program.
Section 4. Costs and Expenditures. Each
district shall use the statewide financial management system and chart of
accounts to track costs and expenditures associated with each full-time
enrolled online, virtual and remote learning program operating in the
district.
Section 5. Data.
(1) Each district shall utilize the student
information system to enter data regarding each student in a full-time enrolled
online, virtual and remote learning program.
(2) Data collected shall include demographic,
programmatic, or other data fields contained in the student information system
or required by the department to track and report student enrollment,
educational programming, achievement, and transition to and from enrollment in
the full-time enrolled online, virtual and remote learning programs.
Section 6. Personnel.
(1) Full-time enrolled online, virtual and
remote learning program teachers and administrators shall be subject to the
teacher certification requirements established in
KRS
161.020, and shall comply with the classified
and certified assignment restrictions established in
KRS
160.380(3).
(2) The district shall ensure a system of
high-quality professional learning on the high-quality instructional resources
and on evidence-based instructional practices for virtual learning.
Section 7. Class Size. Full-time
enrolled online, virtual and remote learning programs shall meet the
requirements set forth in
KRS
157.360 and
702 KAR 3:190 for maximum class
sizes and exemptions thereto.
Section
8. Student Attendance.
(1)
Students in a full-time enrolled online, virtual and remote learning program
authorized by this regulation shall be counted in attendance.
(2) Attendance for students in a full-time
enrolled online, virtual and remote learning program authorized by this
regulation shall be collected as follows:
(a)
Attendance shall be recorded at the course level for virtual middle and high
school students by certified teachers;
(b) Attendance shall be recorded at least two
(2) times each school day for virtual elementary school students with checks
three (3) hours apart by certified teachers;
(c) Attendance for each course shall be
recorded in the student information system attendance tables;
(d) Courses shall not be set up as virtual
andperformance-based;
(e)
Attendance clerks or other assigned district personnel shall reconcile
attendance for each course orperiod to ensure proper codes are entered for
absent students. Attendance event absence codes shall be entered at the office
level (for example, doctor excuses orparent excuses); and
(f) District online, virtual and remote
learning program attendance records shall be subject to audit by the Kentucky
Department of Education.
(3) Students in a full-time enrolled online,
virtual and remote learning program shall be subject to the compulsory
attendance laws set forth in
KRS
159.150 and
159.180. School districts
operating a full-time enrolled online, virtual and remote learning program
shall develop and implement policies to address attendance absences, which
shall include:
(a) The attendance status of
students with an internet outage;
(b) The process to return students to
in-person instruction for truancy violations; and
(c) The district process for actions it shall
take pursuant to KRS Chapter 159 for truant students.
Section 9. Curriculum, Content,
and Instruction.
(1) The full-time enrolled
online, virtual and remote learning program shall provide instruction aligned
to the grade-level expectations established in the Kentucky Academic Standards
at
704 KAR 3:303 and 704 KAR Chapter
8, including the selection, vetting, and implementation of high-quality
instructional resources aligned to the Kentucky Academic Standards and
grade-level appropriate assignments. Districts shall maintain evidence of
having systemic formative assessment processes in place to:
(a) Accurately measure student progress on
grade-level standards for students enrolled in a full-time enrolled online,
virtual and remote learning program; and
(b) Support students enrolled in the
full-time enrolled online, virtual and remote learning program needing
accelerated learning on grade-level standards within universal instruction as
well as those students who need more targeted interventions and
supports.
(2) The
full-time enrolled online, virtual and remote learning program shall implement
synchronous learning strategies and digital platforms for two-way visual and
verbal interactions. Additionally, the full-time enrolled online, virtual and
remote learning program shall utilize a learning management system (LMS) or
other digital platforms that allows teachers to monitor student's progress,
interactions and engagement with the teacher, and other students online for the
review of student work and completion of assignments through both synchronous
and asynchronous interactions.
(3)
Students in a full-time enrolled online, virtual and remote learning program
shall be assigned a schedule that aligns with the standard day of in-person
students. Virtual student schedules shall adhere to the standard day and hour
requirements set forth at
KRS
158.070.
(4) The full-time enrolled online, virtual
and remote learning program shall ensure attainment of the declarations and
goals set forth by KRS 158.6451.
(5) Students in the full-time enrolled
online, virtual and remote learning program shall receive access to the
essential workplace ethics programs, including characteristics critical to
success in the workplace, as established in
KRS
158.1413.