Utah Admin. Code R277-725-6 - Superintendent Requirements

(1)

(a) The Superintendent shall:

(i) prepare applications and program agreements for providers;

(ii) review provider applications within a reasonable amount of time;

(iii) verify that a provider meets criteria established in Subsection R277-726-6(5) and

(iv) approve or deny providers consistent with applicable program statutes and rules.

(b) The Superintendent may invite prospective providers for interviews or discussions to clarify issues identified in an application.

(2) The Superintendent may remove a provider from program participation, following notice and a reasonable opportunity to cure, for unresolved or repeated non-compliance with program requirements.

(3) The Superintendent shall determine space availability standards and appropriate course load standards for online courses.

(4)

(a) The Superintendent shall monitor the program for compliance with statute and rule in cooperation with the contractor, including:

(i) conducting appropriate provider site visits;

(ii) investigating complaints regarding course integrity, financial mismanagement, enrollment fraud or inaccuracies, and violations of statute or rule related to program requirements; and

(iii) imposing sanctions, where appropriate.

(b) The Superintendent shall monitor violations of federal education laws applicable to online courses and assist the contractor in ensuring a provider covers costs related to compliance.

(c) The Superintendent may direct the contractor to withhold funds from a provider in response to a provider's failure to comply with statute or rule, or failure to comply with reasonable requests for records or information.

(5) The Superintendent may make decisions on program questions or issues unresolved by statute or Board rule on a case-by-case basis and shall report decisions described in this Subsection (4) to the Board.

(6) The Superintendent shall annually develop a report that may be used to evaluate the program and assess a provider's quali t y, collaborating with providers and the contractor.

(7) The Superintendent shall annually train the contractor in reporting mandates sufficient to obtain all data required for calculating a course completion rate, producing an annual report on providers, and disaggregating data by student demographic characteristics.

(8) The Superintendent shall annually calculate a provider's course completion rate and other information contained in an annual report on providers using the year end UTREx data submission.

(9) The Superintendent shall delegate to the contractor management of funds appropriated for the program for students who attend private school and home school consistent with this rule and the Board's contract with the provider.

(10) The Superintendent shall annually calculate and communicate to the contractor the percentage of the appropriation for home school and private school students that is equal to the proportion of the Board's administrative cost in relation to the appropriation for students enrolled in an LEA.

(11) The Superintendent shall:

(a) adjust provider course fees annually by the percentage change in the value of the weighted pupil unit from the previous school year and communicate fee adjustments to the contractor;

(b) determine the assignment of core codes among pricing tiers and course fee categories and communicate the assignment to the contractor; and

(c) annually distribute forms to determine fee waiver eligibility to the contractor for distribution to and use by providers.

(12) The Superintendent shall collect fees for Board support of a provider's participation in SOEP activities, including the portion of the program overseen by the contractor, as follows:

(a) 5% of revenue collected for the first $200,000 received pursuant to Section 53F-4-505; and

(b) 1% of revenue collected after the first $200,000 received pursuant to Sections 53F-4-505 and 53F-4-514.

Notes

Utah Admin. Code R277-725-6

Repealed by Utah State Bulletin Number 2018-13, effective 6/7/2018 Adopted by Utah State Bulletin Number 2025-06, effective 3/10/2025