Distance learning; require SDE approval of online courses and prohibit public funds for cost of courses not accredited.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Felsher

HOUSE BILL NO. 1626

AN ACT TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO 1
APPROVE COURSES MADE AVAILABLE TO PUBLIC SCHOOL STUDENTS THROUGH 2
ONLINE CLASSES THROUGH THE MISSISSIPPI ONLINE COURSE APPROVAL 3
(MOCA) IN THE OFFICE OF CURRICULUM AND INSTRUCTION; TO PROHIBIT 4
THE USE OF PUBLIC FUNDS TO DEFRAY THE COST OF ONLINE COURSES THAT 5
ARE NOT ACCREDITED; TO BRING FORWARD SECTIONS 37-67-1, 37-68-7 AND 6
37-161-3, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE 7
AMENDMENT; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. The State Department of Education shall approve 10
those courses to be made available to public school students 11
through distance learning and online classes through the 12
Mississippi Online Course Approval (MOCA) in the Office of 13
Curriculum and Instruction. The department may approve only those 14
online classes that have received accreditation, and public funds 15
may not be used to defray the cost of any distance learning or 16
online course that is not accredited. 17
SECTION 2. Section 37-67-1, Mississippi Code of 1972, is 18
brought forward as follows: 19
37-67-1. (1) This section shall be known and may be cited 20
as the "Distance Learning Collaborative Act of 2016." 21
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(2) As used in this section: 22
(a) "Distance learning" means a method of delivering 23
education and instruction on an individual basis to students who 24
are not physically present in a traditional setting such as a 25
classroom. Distance learning provides access to learning when the 26
source of information and the learners are separated by time and 27
distance, or both. Distance learning courses that require a 28
physical on-site presence for any reason other than taking 29
examinations may be referred to as hybrid or blended courses of 30
study. 31
(b) "Department" means the Mississippi Department of 32
Education. 33
(c) A "distance learning collaborative" means a school 34
or schools that write and submit an application to participate in 35
the voluntary distance learning program. A distance learning 36
collaborative is comprised, at a minimum, of a public school 37
district, and may include an agency or other nonprofit 38
organization approved by the State Department of Education to 39
provide distance learning resources. 40
(d) A "lead partner" is a public school district or 41
other nonprofit entity with the instructional expertise and 42
operational capacity to manage the Distance Learning Collaborative 43
Program as described in the approved application for funds. The 44
lead partner serves as the fiscal agent for the collaborative and 45
shall disburse awarded funds in accordance with the 46
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collaborative's approved application. The lead partner ensures 47
that the collaborative adopts and implements the Distance Learning 48
Collaborative Program consistent with the standards adopted by the 49
State Board of Education. The public school district shall be the 50
lead partner if no other qualifying lead partner is selected. 51
(3) Effective with the 2016-2017 school year, the 52
Mississippi State Department of Education shall establish a 53
voluntary distance learning grant program which shall be a 54
collaboration among the entities providing distance learning 55
services for students. The Distance Learning Collaborative 56
Program shall provide financial assistance to encourage and 57
improve distance learning education services in rural areas 58
through the use of telecommunications, computer networks and 59
related advanced technologies to be used by students, teachers and 60
rural residents. Grants are for projects where the benefit is 61
primarily delivered to end users who are not at the same location 62
as the source of the education service. 63
(4) Distance Learning Collaborative Grants may be used to: 64
(a) Acquire the following types of equipment: (i) 65
computer hardware and software; (ii) audio and video equipment; 66
(iii) computer network components; (iv) terminal equipment; (v) 67
data terminal equipment; (vi) inside wiring; (vii) interactive 68
video equipment; and (viii) other facilities that further distance 69
learning technology services. 70
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(b) Acquire instructional programming for distance 71
learning programs. 72
(c) Acquire technical assistance and instruction for 73
using eligible equipment. 74
(d) The cost of tuition and fees for students to 75
participate over and above the available federal Perkins Loans or 76
Stafford Loans which are loaned directly to qualifying students to 77
assist in covering the cost of distance learning funding. 78
(e) Any interest charges that accumulate during a 79
student's degree program for the utilization of distance learning 80
services. 81
(5) Subject to the availability of funds appropriated 82
therefor, the State Department of Education shall administer the 83
implementation, monitoring and evaluation of the voluntary 84
Distance Learning Collaborative Program, including awards and the 85
application process. The department shall establish a rigorous 86
and transparent application process for the awarding of funds. 87
Lead partners shall submit the application on behalf of their 88
distance learning collaborative. The department will establish 89
monitoring policies and procedures that shall include at least one 90
(1) site visit per year. The department will provide technical 91
assistance to collaboratives and their providers to improve the 92
quality of distance learning services. The department will 93
evaluate the effectiveness of each distance learning 94
collaborative. 95
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(6) Distance Learning Collaborative Program funds shall be 96
awarded to distance learning collaboratives whose proposed 97
programs meet the program criteria established by the State Board 98
of Education which shall include the following: 99
(a) Distance learning programs shall be approved and 100
registered with the State Department of Education and course 101
content must be aligned with state standards. 102
(b) Distance learning instructors shall complete 103
professional development training in online methodology and 104
technical aspects of web-based instruction, and may be 105
credentialed by the National Board for Professional Teaching 106
Standards (NBPTS). 107
(c) Transcript equivalency of grades between online and 108
traditional classes. Student enrollment and credits awarded shall 109
be made in accordance with regulations jointly approved by the 110
State Board of Education, the Mississippi Community College Board 111
and the Board of Trustees of State Institutions of Higher 112
Learning. 113
(d) Curriculum standards for online courses. 114
(e) Classroom "seat time" requirements for online 115
courses. 116
(f) Accountability for student achievement, including 117
methods to assess online course completion rates. 118
(7) A teacher, assistant teacher or other employee whose 119
salary and fringe benefits are paid from state funds allocated for 120
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the Distance Learning Collaborative Program shall only be 121
classified as a state or local school district employee eligible 122
for state health insurance benefits or membership in the Public 123
Employees' Retirement System, if the person's employer is already 124
a public school district or an agency or instrumentality of the 125
state, and the employee would be eligible for such benefits in the 126
normal course of business. 127
(8) Funding shall be provided for the Distance Learning 128
Collaborative Program beginning with the 2016-2017 fiscal year 129
subject to appropriation by the Legislature, and the Legislature 130
may appropriate funds to implement the program on a phased-in 131
basis. The State Department of Education may receive and expend 132
contributions and funding from private sources for the 133
administration and implementation of the Distance Learning 134
Collaborative Program. In the initial phase of implementation, 135
the State Department of Education shall award state funds based on 136
a community's capacity, commitment and need in order to encourage 137
and improve distance learning services in rural areas. The 138
department shall make an annual report to the Legislature and the 139
Governor regarding the effectiveness of the Distance Learning 140
Collaborative Program, and the PEER Committee shall review those 141
reports and other program data and submit an independent 142
evaluation of the program operation and effectiveness to the 143
Legislature and the Governor on or before October 1 of the 144
calendar year before the beginning of the next phased-in period of 145
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funding. The State Department of Education shall reserve no more 146
than five percent (5%) of the appropriation in any year for 147
administrative costs. Funds remaining after awards to distance 148
learning collaboratives may be carried over in the following year. 149
(9) The lead partner of a distance learning collaborative 150
and the local school district shall compile information about 151
online learning programs for high school students to earn college 152
credit and place the information on its website. Examples of 153
information to be compiled and placed on the website include links 154
to providers of approved online learning programs, comparisons 155
among various types of online programs regarding awarding of 156
credit, advantages and disadvantages of online learning programs, 157
and other general assistance and guidance for students, teachers 158
and counselors in selecting and considering online learning 159
programs. Public high schools shall ensure that teachers and 160
counselors have information about online learning programs for 161
high school students to earn college or university credit and are 162
able to assist parents and students in accessing the information. 163
Distance learning collaboratives shall ensure that parents and 164
students have opportunities to learn about online learning 165
programs under this section. 166
SECTION 3. Section 37-68-7, Mississippi Code of 1972, is 167
brought forward as follows: 168
37-68-7. (1) There is established the Equity in Distance 169
Learning Grant Program which shall be administered by the 170
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department for the purpose of reimbursing schools for eligible 171
expenses incurred in funding their distance learning plans, and in 172
facilitating safe classroom and remote instruction. 173
(2) Subject to appropriations by the Legislature, 174
allocations to schools shall be made based on net enrollment, as 175
defined in Section 37-151-201. For any school not funded under 176
the total funding formula, the department shall calculate the net 177
enrollment equivalent or fund the school based on enrollment. 178
(3) Subject to the provisions of this chapter, and other 179
applicable federal law and regulations, schools shall have the 180
authority to use the funds provided in this grant program in a way 181
which best facilitates their distance learning plan, and safe 182
classroom or remote instruction. 183
(4) Schools are highly encouraged to commit a portion of 184
their federal ESSER funds, above the amount required by Section 185
37-68-11(b), as supplemental matching funds to offset the total 186
cost of purchasing sufficient electronic devices, technological 187
supports and systems of service for its distance learning plan. 188
SECTION 4. Section 37-161-3, Mississippi Code of 1972, is 189
brought forward as follows: 190
37-161-3. (1) The Legislature finds and declares the 191
following: 192
(a) Meeting the educational needs of children in our 193
state's schools is of the greatest importance to the future 194
welfare of the State of Mississippi; 195
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(b) Closing the achievement gap between high-performing 196
students, including the achievement gap among at-risk students, is 197
a significant and present challenge; 198
(c) Providing a broader range of educational options to 199
parents and utilizing existing resources, along with technology, 200
may help students in the state improve their academic achievement; 201
and 202
(d) Many of the state's school districts currently lack 203
the capacity to provide other public school choices for students 204
whose schools are low performing. 205
(2) There is created the Mississippi Virtual Public School 206
Program, which is the responsibility of the State Department of 207
Education. It is the intent of the Legislature that the 208
Mississippi Virtual Public School established under this section 209
provides Mississippi families with an alternative choice to access 210
additional educational resources in an effort to improve academic 211
achievement. The Mississippi Virtual Public School must be 212
recognized as a public school and provide equitable treatment and 213
resources as are other public schools in the state. Private 214
providers, overseen by the State Department of Education, may be 215
selected by the State Board of Education to administer, manage or 216
operate virtual school programs in this state, including the total 217
operation of the Mississippi Virtual Public School Program. Any 218
private provider chosen to provide services under the provisions 219
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of this subsection shall be chosen through the Mississippi Online 220
Course Application Process. 221
(3) Nothing in this section may be interpreted as precluding 222
the use of computer- and Internet-based instruction for students 223
in a virtual or remote setting utilizing the Mississippi Virtual 224
Public School. 225
(4) As used in this section, the following words and phrases 226
have the meanings respectively ascribed unless the context clearly 227
requires otherwise: 228
(a) "Mississippi Virtual Public School" means a public 229
school in which the state uses technology in order to deliver 230
instruction to students via the Internet in a virtual or remote 231
setting. 232
(b) "Sponsor" means the public school district is 233
responsible for the academic process for each student, including, 234
but not limited to, enrollment, awarding of credit and monitoring 235
progress. 236
(5) (a) The State Board of Education shall establish the 237
Mississippi Virtual Public School beginning in school year 238
2006-2007. 239
(b) Students who enroll in the Mississippi Virtual 240
Public School may reside anywhere in the State of Mississippi. 241
(6) Subject to appropriation, the Mississippi Virtual Public 242
School shall provide to each student enrolled in the school all 243
necessary instructional materials. Subject to appropriation, the 244
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ST: Distance learning; require SDE approval of
online courses and prohibit public funds for
cost of courses not accredited.
sponsored school must ensure that each student is provided access 245
to the necessary technology, such as a computer and printer, and 246
to an Internet connection for schoolwork purposes. 247
(7) The Mississippi Department of Education shall have 248
approval authority for all coursework and policy of the 249
Mississippi Virtual Public School. 250
(8) Each teacher employed by or participating in the 251
delivery of instruction through the Mississippi Virtual Public 252
School must meet all qualifications for licensure in the State of 253
Mississippi. 254
(9) Any student who meets state residency requirements may 255
enroll in the Mississippi Virtual Public School. 256
(10) Enrollment in the Mississippi Virtual Public School 257
shall be free of charge to students. The costs associated with 258
the operations of the virtual school must be shared by the State 259
Department of Education, subject to appropriation, and/or the 260
local school districts. Once the State Department of Education 261
appropriation and the local school district budgeted funds for 262
Mississippi Virtual Public School have been expended and students 263
choose to enroll in online courses, the costs of the online 264
courses may be the responsibility of the students' parents or 265
guardians. 266
SECTION 5. This act shall take effect and be in force from 267
and after July 1, 2026. 268