Utah Admin. Code R277-726-6 - Superintendent Requirements and Responsibilities
(1) The Superintendent shall provide a
website for the program, including information required under Section
53F-4-512 and other information
as determined by the Board.
(2) The
Superintendent shall direct a provider to administer the Utah standards and
high school assessments, as applicable, consistent with Section
53F-4-514 and Rule
R277-404.
(3)
(a) The Superintendent shall prepare and make
available applications and program agreements for authorized online course
providers.
(b) The Superintendent
shall review each application within a reasonable amount of time and may invite
prospective providers for interviews or further discussions of qualifications
to clarify outstanding issues.
(4)
(a)
With the exception of the requirements of Subsection 53F-5-514(2), the
Superintendent may determine space availability standards and appropriate
course load standards for online courses consistent with Subsection
53F-4-512(3)(g).
(b) Course load standards may differ based on
subject matter.
(5)
Before approving a provider, consistent with Section
53F-4-504, the Superintendent
shall:
(a) review Annual Financial Reports and
state-administered test data to establish capacity of a program to serve an
increased range of students while still meeting program requirements;
and
(b) verify that a prospective
provider:
(i) has a student information system
that is compatible with USIMS;
(ii)
is a 501(c)(3) non-profit entity;
(iii) demonstrates data security and privacy
compliance capacity, consistent with FERPA, through submission of a report
selected by the Superintendent or developed by the American International
Society of Certified Public Accountants to evaluate data security controls and
assess organization safeguards in place to protect sensitive data;
(iv) provides a description of the
applicant's academic service experience offering general insight into the
entity's:
(A) familiarity with education
broadly;
(B) competency in
instruction;
(C) academic
philosophy; and
(v) meets
other requirements identified by the Superintendent to establish the capacity
of the provider to act as an LEA for purposes of program
participation.
(6) The Superintendent may restrict a
provider from offering coursework if the Superintendent determines that the
provider demonstrates repeated low performance on statewide assessments in
English Language Arts, math, or science.
(7) The Superintendent shall withhold funds
from a primary LEA of enrollment and pay a provider consistent with Sections
53F-4-505 through
53F-4-507, and Section
53F-4-518.
(8) The Superintendent may refuse to provide
funds under a CCA if the Superintendent finds that information has been
submitted fraudulently or in violation of the law or Board rule by any of the
parties to a CCA.
(9) The
Superintendent shall receive and investigate complaints, and impose sanctions,
if appropriate, regarding course integrity, financial mismanagement, enrollment
fraud or inaccuracy, or violations of the law or this rule specific to the
requirements and provisions of the program.
(10) If a Superintendent or federal entity's
investigation finds that a provider has violated the IDEA or Section 504
provisions for a student taking online courses, the provider shall compensate
the student's primary LEA of enrollment for costs related to
compliance.
(11) The Superintendent
may monitor an LEA's or program provider's compliance with any requirement of
state or federal law or Board rule under the program.
(12) The Superintendent may withhold funds
from a program provider for the participant's failure to comply with a
reasonable request for records or information.
(13) Program records are available to the
public subject to Title 63G, Chapter 2, Government Records Access and
Management Act.
(14) The
Superintendent shall withhold online course payment from a primary LEA of
enrollment and payments to an eligible provider at the nearest monthly transfer
of funds, subject to verification of information, in an amount consistent with,
and when a provider qualifies to receive payment, under Subsections
53F-4-505(4),
53F-4-507(3)(b)
and 53F-4-508(2)(b).
(15) The Superintendent shall pay a provider
consistent with Minimum School Program funding transfer schedules.
(16) Upon request from a primary LEA, the
Superintendent shall provide an itemized report showing deductions described in
Subsection
53F-4-508(2), by
student and course enrolled.
(17)
(a) The Superintendent may make decisions on
questions or issues unresolved by Title 53F, Chapter 4, Part 5, Statewide
Online Program Act or this rule on a case-by-case basis.
(b) The Superintendent shall report decisions
described in Subsection (15)(a) to the Board consistent with the purposes of
the law and this rule.
(18) In accordance with Title 53E, Chapter 4,
Academic Standards, Assessments, and Materials, the Superintendent shall
establish criteria for an authorized online course provider to submit for
approval an online course that does not have an existing Board course
code.
(19) The Superintendent may
advise an eligible student regarding how an online course meets state
graduation requirements.
(20) The
Superintendent shall direct an eligible student to a counselor at the student's
school for advice regarding:
(a) whether an
online course meets LEA or school-specific graduation requirements;
and
(b) all other counseling
services.
(21) The
Superintendent shall create a model cooperative agreement between a primary LEA
and an authorized online course provider to be used when the primary LEA
determines IEP services with costs are best provided by an authorized online
course provider.
(22) The
Superintendent shall organize and conduct annual mandatory training for
relevant staff at a primary LEA that address program requirements for a primary
LEA, including:
(a) reporting requirements and
methods;
(b) uses of resources and
tools to ensure adequate monitoring of an eligible student's
progress;
(c) federal and state
requirements for accommodating enrollments that involve special
education;
(d) appropriate
circumstances and methodologies for reducing an eligible student's schedule;
and
(e) other necessary components
as determined by the Superintendent.
(23) The Superintendent shall create a
communication dashboard for the program that includes:
(a) a counselor contact list for an eligible
student that is accessible to an authorized online course provider;
and
(b) progress monitoring fields
containing:
(i) grade progress reporting of an
eligible student by an authorized online course provider;
(ii) flags for a student that is at risk of
failing an online course; and
(iii)
other information as determined by the Superintendent.
(24) The dashboard described in
Subsection (23) shall be accessible to an eligible student's:
(a) primary LEA;
(b) school counselor;
(c) authorized online course provider;
and
(d) parent.
Notes
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