Utah Admin. Code R277-725-4 - Course Instruction Requirements

(1)
(a) A provider shall ensure that the contractor or the Superintendent has validated the credentials of an assigned teacher of record prior to the commencement of instructional activities.
(b) A provider shall only employ teachers meeting Utah licensing and background check requirements.
(c) A provider shall, either directly or through a partner school, record teaching assignments in CACTUS or USIMS by November 15 annually.
(2) A provider shall satisfy Board requirements for consistency of curricula with Utah core standards.
(3) A provider shall comply with:
(a) the Individuals with Disabilities Education Act;
(b) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; and
(c) requirements for multilingual students consistent with Title III of the Elementary and Secondary Education Act.
(4) The contractor and each provider providing instruction in the program shall cooperate with an LEA to administer and proctor applicable statewide assessments as directed by the Superintendent.
(5) A provider shall:
(a) establish a procedure requiring a student or parent to complete an online form documenting a choice to opt a student out of a statewide assessment consistent with Subsection 53G-6-803(9); and
(b) record and maintain a choice to opt a student out of a statewide assessment in a manner prescribed by the Superintendent.
(6) If a student is at risk of academic failure, a provider shall, in consultation with the contractor, utilize automated notices or other means to inform the student and student's parents that the student is at risk of academic failure.
(7)
(a) A provider may not grade a student on a pass/fail basis or issue a transcript that includes a failing grade.
(b) A provider may indicate on a student transcript that the student did not earn credit.
(8) A provider may provide remediation when a student has completed a course, but failed to receive a passing grade, consistent with Subsection 53F-4-505(5).
(9) A provider may only offer competency-based credit with completion of a related course of instruction not designed for remedial purposes and facilitated concurrently by an assigned teacher of record.
(10) A provider may offer a course with competency-based elements, but not in lieu of the course.
(11) A provider is responsible for due process procedures for student disciplinary actions in the provider's online program.
(12)
(a) If a home school or private school student requests services under Section 504, a provider may determine student eligibility, prepare a 504 plan, and provide related aids, accommodations, and services.
(b) A provider shall include individuals knowledgeable about the student, the meaning of evaluation data, and placement options available in a virtual environment.
(13)
(a) If child find activities indicate that a student should be evaluated for eligibility for special education services under the IDEA, or if a student requests an evaluation for eligibility to receive special education services, the provider shall direct the student to the student's school district of residence, which shall evaluate the student's eligibility for services.
(b) A student enrolling in a school district of residence for services under IDEA may enroll in online courses as a public education student using enrollment procedures established by the Board.
(14) A provider shall administer a home language survey upon initial student registration.
(15)
(a) If a home language survey or other factors indicate that a student may be eligible for alternative language services, the provider shall direct the student to the student's school district of residence, which shall evaluate the student's eligibility for services.
(b) A student enrolling in a school district of residence for alternative language services may enroll in online courses as a public education student using enrollment procedures established by the Board.
(16) A provider shall reasonably honor parent requests for academic accommodations under Section 53G-6-803 in the same manner as if the provider were an LEA.

Notes

Utah Admin. Code R277-725-4
Repealed by Utah State Bulletin Number 2018-13, effective 6/7/2018 Adopted by Utah State Bulletin Number 2025-06, effective 3/10/2025

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