Online Education Service Provider Amendments

11
53G-2-501
53G-2-502
3
Online Education Service Provider Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: R. Neil Walter
Senate Sponsor: John D. Johnson
LONG TITLE
General Description:
This bill establishes accountability requirements for learner validated programs.
Highlighted Provisions:
This bill:
defines terms;
requires a local education agency (LEA) operating a learner validated programs to
maintain
accountability for a participating student;
establishes standards for teacher of record oversight and student progress monitoring;
requires documented pacing, proctored assessments, and sequential completion of
coursework;
establishes student-to-teacher ratio requirements for learner validated programs;
provides for proficiency-based waivers for advanced students;
assigns State Board of Education oversight and enforcement authority; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53G-2-501
, Utah Code Annotated 1953
53G-2-502
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53G-2-501
is enacted to read:
5. Learner Validated Programs
53G-2-501
. Definitions.
(1)
"Educational service provider" means a third-party entity contracted by an LEA
to
provide:
(a)
courses or instructional services that:
(i)
generate average daily membership for the LEA; or
(ii)
count toward graduation requirements; or
(b)
curriculum, grading services, or educator services for courses described in
Subsection
(1)(a)
.
(2)
"Learner validated program" means an educational program specifically designed for
competency-based or self-paced learning where:
(a)
student participation is measured by demonstrated academic progress and completion
of learning objectives, rather than by attendance at scheduled instructional periods;
and
(b)
the LEA has established a written policy that:
(i)
defines:
(A)
continuing enrollment measurement requirements;
(B)
standards for demonstrating academic progress;
(C)
methods for calculating equivalent instructional hours; and
(D)
procedures for ensuring equivalent educational rigor and support as provided
in attendance validated programs; and
(ii)
meets any additional criteria the state board requires.
(3)
"Online course" means a course delivered primarily through digital or internet-based
platforms where instruction occurs outside a traditional classroom setting.
(4)
"Teacher of record" means a licensed educator employed by the LEA
who:
(a)
has direct responsibility for a student's educational progress;
(b)
maintains oversight of curriculum quality and alignment with state standards; and
(c)
documents the student's academic participation and progress.
Section 2. Section
53G-2-502
is enacted to read:
53G-2-502
. LEA accountability for learner validated programs.
(1)
An LEA that operates a learner validated program shall:
(a)
establish and maintain a written policy in accordance with Subsection
(3)
;
(b)
(i)
assign a teacher of record for each student enrolled in the learner validated
program; and
(ii)
if the LEA contracts with an educational service provider, coordinate with the
educational service provider and the educational service provider's teacher to
support the student's academic progress;
(c)
ensure:
(i)
that a student enrolled in a learner validated program meets academic proficiency
standards established by the state board;
(ii)
if applicable, each course aligns with state standards the state board establishes;
(iii)
the monitoring of a student's academic progress and participation;
(iv)
compliance with state assessment requirements under Title 53E, Chapter 4, Part 3,
Assessments; and
(v)
equivalent academic rigor for a course offered in an attendance validated
program; and
(d)
maintain documentation demonstrating compliance with this section.
(2)
Nothing in this section prohibits an LEA from:
(a)
contracting with an educational service provider or online course provider for
instructional services, provided the LEA:
(i)
assigns a teacher of record for a student enrolled in each course; and
(ii)
complies with all requirements of this part;
(b)
providing a student with materials, equipment, or technology necessary for
participation in learner validated programs; or
(c)
participating in the Statewide Online Education Program established under Title 53F,
Chapter 4, Part 5, Statewide Online Education Program, subject to the accountability
requirements in this section.
(3)
(a)
An LEA that operates a learner validated program shall establish and maintain a
written policy that includes:
(i)
requirements for pacing of learning objectives, coursework, and assessments that
ensure a student completes the course within the school year, including defined
participation benchmarks for a course in which ongoing engagement in
instructional activities is a required component of course completion;
(ii)
requirements for assessed checkpoints with verified academic integrity to confirm
student identity and progress;
(iii)
minimum requirements for interactions, whether online or in person, between the
student and the teacher of record which may include required interactions,
feedback on student work, or defined triggers for additional support;
(iv)
maximum student-to-teacher ratios that reasonably allow the teacher of record to
evaluate student progress;
(v)
requirements for sequential completion of coursework to ensure mastery of
prerequisite skills before advancement; and
(vi)
procedures for the teacher of record to monitor student growth, validate academic
engagement, and document student progress.
(b)
If applicable, all courses provided through a learner validated program shall be
aligned with the course standards the state board establishes.
(4)
A student participating in a learner validated program generates an equivalent weighted
pupil unit as a full-time enrolled student under Section
53F-2-302
if the LEA:
(a)
assigns a licensed and qualified educator the LEA employs as the teacher of record
for each student participating in the learner validated program;
(b)
maintains and documents a student-to-teacher ratio for learner validated program
students that complies with the LEA policy established under Subsection
(3)(a)(iv)

and state board rule;
(c)
requires and documents student participation in instructional supports, learning
activities, coursework, and assessments; and
(d)
submits to the state board documentation demonstrating compliance with this section
upon request.
(5)
(a)
The state board may grant a waiver of one or more requirements in Subsections
(3)(a)(i)
through
(3)(a)(v)
for a student if the LEA demonstrates that the student is
proficient through:
(i)
state-approved assessment results;
(ii)
documented mastery of learning objectives; or
(iii)
other evidence of proficiency approved by the state board.
(b)
A waiver granted under Subsection
(5)(a)
:
(i)
may not waive the requirement for a teacher of record under Subsection
(4)(a)
; and
(ii)
may not waive the requirement for monitoring and documentation under
Subsection
(3)(a)(vi)
.
(6)
For a student enrolled in an online course through the Statewide Online Education
Program:
(a)
the LEA shall ensure compliance with this section; and
(b)
the state board shall establish standards for teacher of record oversight and academic
accountability in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 9:38 AM