2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 5 - Statewide Online Education Program › Section 503 - Option to enroll in online courses offered through the Statewide Online Education Program.

Effective 7/1/2023
53F-4-503.
Option to enroll in online courses offered through the Statewide Online Education Program.
(1) Subject to Subsections (2) and (8), an eligible student may enroll in an online course offered through the Statewide Online Education Program if:
(a) the student meets the course prerequisites;
(b) the course is open for enrollment;
(c) the online course is aligned with the student's plan for college and career readiness;
(d) the online course is consistent with the student's IEP, if the student has an IEP; and
(e) the online course is consistent with the student's international baccalaureate program, if the student is participating in an international baccalaureate program.
(2) An eligible student may enroll in online courses for no more than six credits per school year.
(3) Notwithstanding Subsection (2):
(a) a student's primary LEA of enrollment may allow an eligible student to enroll in online courses for more than the number of credits specified in Subsection (2); or
(b) upon the request of an eligible student, the state board may allow the student to enroll in online courses for more than the number of credits specified in Subsection (2), if the online courses better meet the academic goals of the student.
(4) An eligible student's primary LEA of enrollment:
(a) in conjunction with the student and the student's parent, is responsible for preparing and implementing a plan for college and career readiness for the eligible student, as provided in Section 53E-2-304; and
(b) shall assist an eligible student in scheduling courses in accordance with the student's plan for college and career readiness, graduation requirements, and the student's post-secondary plans.
(5) An eligible student's primary LEA of enrollment may not:
(a) impose restrictions on a student's selection of an online course that fulfills graduation requirements and is consistent with the student's plan for college and career readiness or post-secondary plans; or
(b) give preference to an online course or authorized online course provider.
(6) The state board, including an employee of the state board, may not give preference to an online course or authorized online course provider.
(7)
(a) Except as provided in Subsection (7)(b), a person may not provide an inducement or incentive to a public school student to participate in the Statewide Online Education Program.
(b) For purposes of Subsection (7)(a):
(i) "Inducement or incentive" does not mean:
(A) instructional materials or software necessary to take an online course; or
(B) access to a computer or digital learning device for the purpose of taking an online course.
(ii) "Person" does not include a relative of the public school student.
(8) If the program lacks sufficient legislative appropriations to fund the enrollment in online courses for all eligible students who do not have a primary LEA of enrollment, the state board shall prioritize funding the enrollment of an eligible student who intends to graduate from high school during the school year in which the student enrolls in an online course.
Amended by Chapter 226, 2023 General Session
Amended by Chapter 368, 2023 General Session