PROPOSED Legislation

A BILL FOR AN ACT

Relating to virtual instruction.

SECTION 1.

(1) The legislature finds that virtual instruction 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 virtual instruction opportunities.

(2) However, the legislature also finds that there is a need to assure quality in virtual instruction, both for the programs and the administration of those programs. The legislature is the steward of public funds that support students enrolled in virtual instruction and must ensure an appropriate accountability system at the state level.

(3) Therefore, the legislature intends to improve oversight and quality assurance of virtual instruction programs.

(4) The first step in improving quality assurance is to:

(a) Provide objective information to students, parents, and educators regarding available virtual instruction 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 virtual instruction courses and multidistrict programs;

(d) Require school district boards of directors to develop policies and procedures for student access to virtual instruction opportunities.

SECTION 2.

“(1) ‘Authorizer’ means a school district, a group of two or more school districts or an education service district. A charter school may not be an authorizer of amulti-district virtual instruction program.

“(2) ‘Virtual instruction course’ means a course that:

(a) Is delivered primarily electronically using the internet or other computer-based methods; and

(b) Is taught by a teacher primarily from a remote location. Students enrolled in a virtual instruction course may have access to the teacher synchronously, asynchronously, or both.

“(3) ‘Virtual instruction program’means a program or school that:

(a) Is delivered primarily electronically using the internet or other computer-based methods;

(b) Is taught by a teacher primarily from a remote location. Students enrolled in a virtual instruction program may have access to the teacher synchronously, asynchronously, or both;

(d) Has an online component of the program with online lessons and tools for student and data management.

“(4)(a)‘Multidistrict virtual instruction program’ means a virtual instruction program of a school district that provides virtual instruction courses or a full time program to students from more than one school district.

“(b) ‘Multidistrict virtual instruction program’ does not include a school district virtual instruction program in which fewer than ten percent of the students enrolled in the program are from other districts.

‘Multidistrict virtual instruction program’ also does not include regional virtual instruction programs that are jointly developed and implemented by two or more school districts or an education service district through an interdistrict cooperative program agreement that addresses, at minimum, how the districts share student full-time equivalency for state basic education funding purposes and how categorical education programs,including special education, are provided to eligible students.

(c)In any advertising or other promotional materials of a virtual instruction program or courses offered through the office of virtual instruction, the virtual instruction program or course provider must clearly state thatthe program or coursesare publicly funded.

“SECTION 3.

(1) All multidistrict virtual instruction programs of this state shall be under the general supervision ofthe state board of education and must be approved by an approval process approved by the board.

“(2)(a) A school district may authorize a single-district virtual instruction program.

“(b) A school district may authorize a multi-district virtual instruction program that iscertified by the department of education and approved by the state board of education as provided in Section 5 of this Act.

(3) The department of education, with approval of the state board of education, shall develop and implement approval criteria and a process for approving multidistrict virtual instruction programs and courses offered through the office of virtual instruction; a process for monitoring and if necessary rescinding the approval of amulti-district virtual instruction program or courses offered through the office of virtual instruction; appeals process and;

(a) A plan for academic achievement that addresses how the multi-district virtual instruction program will improve student learning and meet academic content standards required by ORS 329.045.

(b) Performance criteria the multi-district virtual instruction program will use to measure the progress of the program in meeting the academic performance goals set by the program for its first five years of operation.

(c) A plan for implementing the proposed education program of the multi-district virtual instruction program by directly and significantly involving parents and guardians of students enrolled in the program and involving the professional employees of the program.

(d) A budget, business plan and governance plan for the operation of the program.The budgetand accounting system of the program must be compatible with the budget and accountingsystem of the authorizer of the virtual instruction program and must comply with the requirementsof the uniform budget and accounting system adopted by rule of the State Boardof Education under ORS 327.511.

(e) A requirement that the program:

(A) Monitor and track student progress and attendance; and

(B) Provide student assessments in a manner that ensures that an individual student is

being assessed and that the assessment is valid.

(f) Notwithstanding ORS 338.135 (7), aplan to ensure that:

(A) All superintendents, assistant superintendents and principals of the program are licensedto administer by the Teacher Standards and Practices Commission; and

(B) All teachers of the program are licensed to teach by the Teacher Standards and PracticesCommission and arehighly qualified as described in the federal No Child Left Behind Actof 2001 (P.L. 107-110, 115 Stat. 1425).

(g) A plan for maintaining student records and program records, including financial records, at a designated central office of operations that is located within the school district of the authorizer.

(h) A plan to provide equitable access to the education program of the multi-district virtual instruction program by ensuring that each student enrolled in the program:

(A) Has access to and use of computer and printer equipment as needed;

(B) For full time programs, offered an Internet service cost reimbursement arrangement under which the program reimburses the parent or guardian of the student, at a rate set by the program, for the costs of obtaining Internet service at the minimum connection speed required to effectively access the education program.

(i) A plan to provide access to computer and printer equipment and the Internet service cost reimbursement as described in paragraph (h) of this subsection by students enrolled in the program who are from families that qualify as low-income under Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

(j) A plan to conduct program-sponsored optional educational events at least six times each school year at locations selected to provide convenient access to all students enrolled in the program who want to participate.

(k) A plan to conduct meetings at least twice a week between teachers and students enrolled in the program, either in person or through the use of conference calls or other technology.

(l) A plan to provide opportunities for face-to-face meetings between teachers and students enrolled in the program at least six times each school year.

(m) A plan to provide, at the time of a student’s enrollment, written notice to thestudent’s resident school district and to the sponsor. Notification must be provided within10 days after enrollment and must include:

(A) The name, age and address of the student; and

(B) The name of the school in which the student was formerly enrolled.

(n) A plan to provide, at the time of a student’s withdrawal, written notice to thestudent’s resident school district and to the sponsor. Notification must be provided within10 days after withdrawal and must include:

(A) The name, age and address of the student;

(B) The name of the school in which the student will enroll, if known; and

(o) An agreement to provide a student’s education records to the student’s resident

school district or to the sponsor, upon request of the resident school district or sponsor.

(4) If a multi-district virtual instruction program enters into a contract with a third-party entity to provide educational services for the program, the program must have on file the third-party entity’s budget for the provision of educational services and that budget must itemize:

(a) The salaries of supervisory and management personnel and consultants who are providing educational or related services for a multi-district virtual instruction program in this state; and

(b) The annual operating expenses and profit margin of the third-party entity for providing educational services to a multi-district virtual instruction program in this state.

(5)(a) A member of the public may request access to any of the documents described in subsections (4) and (5) of this sectionthat are publicrecords, as provided by ORS 192.410 to 192.505.

(b) Upon request by a member of the public, a multi-district virtual instruction program must provide reasonable access to the documents described in subsections (4) and (5) of this sectionthatare public records, as provided by ORS 192.410 to 192.505. The documents may be provided electronically.

The criteria and processes shall be adopted by rule by December 1, 2011.

(6) When developing the approval criteria, the department of education shall require that providers offering virtual instruction programs or courses offered through the office of virtual instruction have accreditation through the northwest association of accredited schools or another national, regional, or state accreditation program listed by the department of education.

When reviewing multidistrict virtual instruction programs or courses offered through the office of virtual instruction that offer high school courses, the department of education shall assure that the courses offered by the provider are eligible for high school credit. However, final decisions regarding the awarding of high school credit shall remain the responsibility of school districts.

(7) Initial approval of multidistrict virtual instruction programs and courses offered through the office of virtual instruction by the department of education shall be for four years. The department of education shall develop a process for the renewal of approvals and for rescinding approvals based on noncompliance with approval requirements.

(8) The department of education shall make the first round of approval of multidistrict virtual instruction programs and courses offered through the office of virtual instruction by April 1, 2012. Thereafter, the state department of education shall make annual approval decisions no later than November 1st of each year.

(9) The department of education shall establish an online learning advisory committee that shall provide advice to the department of education regarding the approval criteria, major components of the web site, the model school district policy, model agreements, and other related matters. The committee shall include a representative of each of the following groups: multidistrict virtual instruction programs, parents of students of virtual instruction courses and multi-district programs, accreditation organizations, educational service districts, school principals, teachers, school administrators, school board members, institutions of higher education, and other individuals as determined by the superintendent. Members of the advisory committee shall be selected by the superintendent based on nominations from statewide organizations, shall serve three-year terms, and may be reappointed. The superintendent shall select the chair of the committee.

“SECTION 4.

The superintendent shall create an office of virtual instruction.

The office shall:

(1) Develop and maintain a web site that provides objective information for students, parents, and educators regarding virtual instruction opportunities offered by multidistrict virtual instruction programs and course providers that have been approved in accordance with section 3 of this act. The web site shall include information regarding the virtual instruction course provider's overall instructional program, specific information regarding the content of individual virtual instruction courses and virtual instruction programs, a direct link to each virtual instruction program or course provider's web site, how to register for virtual instruction 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 virtual instruction programs and courses offered through the office of virtual instruction; and

(2) In collaboration with the education service districts:

(a) Provide technical assistance and support to school district personnel through the educational technology centers in the development and implementation of virtual instruction programs in their districts; and

(b) To the extent funds are available; provide virtual instruction tools for students, teachers, administrators, and other educators.

“SECTION 5.

The department of education shall:

(1) Develop model policies and procedures, in consultation with the Oregon school boards association and the confederation of Oregon school administrators, that may be used by school district boards of directors in the development of the school district policies and procedures required in section 6 of this act. The model policies and procedures shall be disseminated to school districts by February 1, 2012;

(2) By December 1, 2013, modify the standards for school districts to report course information to the department of education to designate if the course was virtual instruction. The reporting standards shall be required beginning with the 2012-13 school year; and

(3) Beginning January 15, 2015, and annually thereafter, submit a report regarding virtual instruction to the state board of education, the governor, and the legislature. The report shall cover the previous school year and include but not be limited to student demographics, course enrollment data, aggregated student course completion and passing rates, and activities and outcomes of course and program approval reviews.

“(4) Records of each student participating in a multi-district virtual instruction program shall be maintained by the authorizer of the multi-district program.

“SECTION 6.

1) By August 31, 2012, all school district boards of directors shall develop policies and procedures regarding student access to virtual instruction courses and virtual instruction programs. The policies and procedures shall include but not be limited to: Student eligibility criteria; the types of virtual instruction courses available to students through the school district; the methods districts will use to support student success, which may include a local advisor; 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 2012-13 school year. School districts shall submit their policies to the department of education by September 15, 2012. By December 1, 2012, the department of education shall summarize the school district policies regarding student access to virtual instruction courses and programs and submit a report to the legislature.

(2) School districts shall provide students with information regarding virtual instruction courses and programs that are available through the school district. The information shall include the types of information described in subsection (1) of this section.

(3) When developing local or regional virtual instruction programs, school districts shall incorporate into the program design the approval criteria developed by the department of education under section 3 of this act.

“SECTION 7.

(1) Beginning with the 2012-13 school year, school districts may claim state weighted average daily membership funding, to the extent otherwise allowed by state law, for students enrolled in virtual instruction programs only if the virtual instructionprograms are:

(a) Offered by a multidistrict virtual instruction program approved under section 3 of this act by the state board of education;

(b) Offered by a school district virtual instruction 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 virtual instruction program where courses are jointly developed and offered by two or more school districts or an education service district through an interdistrict cooperative program agreement.

(2) (a)A virtual instruction program may admit students who do not reside in the school district in which the virtual instruction program is authorized.

(b) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a multidistrict virtual instruction program in another district.

(3) A district shall release a student to a nonresident district multidistrict virtual instruction program that agrees to accept the student if:
(a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer.
(b) There is a special hardship or detrimental condition.
(4) A district may deny the request of a resident student to transfer to a multidistrict virtual instruction program of a nonresident district if the release of the student would adversely affect the district's existing desegregation plan.

(5) The decision of a school district within which a student under the age of twenty-one years resides or of a school district within which such a student under the age of twenty-one years was last enrolled and is considered to be a resident for attendance purposes by operation of law, to deny such student's request for release to a multidistrict virtual instruction program of a nonresident school district pursuant to paragraph (3) of this section may be appealed to the state board of education or their designee: provided that the school district of proposed transfer is willing to accept the student.
(6) The state board of education or their designee shall hear the appeal and examine the evidence. The state board of education may order the resident district to release such a student who is under the age of twenty-one years if the requirements of paragraph (3) of this section have been met. The decision of the state board of eduation may be appealed to district court pursuant to the administrative procedure act, as now or hereafter amended.