Virtual education.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0035

ENROLLED ACT NO. 57,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to virtual education provided by public K-12 schools; modifying definitions; modifying requirements for the delivery of virtual education; making conforming amendments; establishing an advisory committee; providing rulemaking authority; requiring a report; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S.
21
‑
2
‑
202(a)(xxx
i
)
, 21
‑
2
‑
204(h)(ii), 21
‑
2
‑
304(a)(v)(H), 21
‑
4
‑
502(c), 21
‑
13
‑
310(a)(ix)
and 21
‑
13
‑
330
(f)(i)
,
by creating new paragraphs (v) and (vi), (g)(intro), (ii) through (vii)
,
by creating a new subsec
tion (h) and
by amending and
renumbering (h) as (j) and (j) as
(k)
are
amended to read:

21
‑
2
‑
202
.

Duties of the state superintendent.

(a)

In addition to any other duties assigned by law, the state superintendent shall:

(xxxi)

By rule and regulation and in consultation with the state board of education and the Wyoming professional teaching standards board, provide guidance and oversight of
distance
virtual
education by:

(A)

Establishing, approving, facilitating and monitoring a state network of
distance
virtual
education courses

that meet state standards for course content and delivery by Wyoming certified teachers
.
The state superintendent shall annually publish a course catalog identifying the course
s
available and
the tuition to be assessed on a per course basis
as established
by the school district instructing the course
;

(B)

Providing training and technical assistance to school districts
, including professional development for teachers and school administrators,
for the delivery of
distance
virtual
education
. In consultation with the professional teaching standards board, the rules shall specify minimum professional development requirements for teachers utilizing virtual education methods to
instruct
students
;

(C)

Monitoring the design, content, delivery and the accreditation of
distance
virtual
education programs provided by school districts under W.S. 21
‑
13
‑
330;

(D)

Establishing
a central
ized
learning management system districts may utilize to administer, document, track, report and deliver virtual education course
s
. The central
ized
learning management system established pursuant to this
sub
paragraph shall be made available for the use of all public school districts in the state. Districts may choose to establish individual or independent learning management systems.
The rules and regulations shall specify

criteria and necessary components of individual
student distance

school district

learning
plans required by W.S. 21
‑
13
‑
330

management
systems
;

(E)

Implementing a comprehensive reporting process as necessary for federal and state funding requirements and establishing necessary data collection instruments and systems to monitor and improve
distance

virtual
education programs statewide.
Reporting
and data collection
requirements shall, at a minimum, allow for the disaggregation of assessment data and other measures of academic performance of students attending full
‑
time
virtual education programs from
students

physically
attending class
in a school facility
;

(F)

Establish
ing
an advisory committee consisting of
not less than seven (7) members. The advisory committee shall have
representatives from among Wyoming school districts
and
other state agencies involved in the delivery of virtual education or providing technological expertise
related to virtual education
. The advisory committee shall recommend modifications to rules, policies, practices and procedures and serve in an advisory capacity to school districts to improve the delivery of virtual education courses across the state.

21
‑
2
‑
204
.

Wyoming Accountability in Education Act; statewide education accountability system created.

(h)

Measured performance results obtained and collected pursuant to this section, together with subsequent actions responding to results, shall be combined with other information and measures maintained and acquired under W.S. 21
‑
2
‑
202(
a)(xxi), 21
‑
2
‑
304(a)(v)(H), 21
‑
3
‑
110(a)(xxiv) and otherwise by law, to be used as the basis of a statewide system for providing periodic and uniform reporting on the progress of state public education achievement compared to established targets. The statewide accountability system shall include a process for consolidating, coordinating and analyzing existing performance data and reports for purposes of aligning with the requirements of this section and for determinations of student achievement incorporated into the statewide system. In establishing a reporting system under this subsection, the department shall describe the performance of each public school in Wyoming. The performance report shall:

(ii)

In a manner to maintain student confidentiality, be disaggregated as appropriate by content level, target level, grade level and appropriate subgroups of students. For purposes of this paragraph, reported subgroups of students shall include at minimum, economically disadvantaged students, English language learners, identified racial and ethnic groups
,

and
students with disabilities
and full
‑
time virtual education students
;

21
‑
2
‑
304
.

Duties of the state board of education.

(a)

The state board of education shall:

(v)

Through the state superintendent and in consultation and coordination with local school districts, implement a statewide assessment system comprised of a coherent system of measures that when
combined,
provide a reliable and valid measure of individual student achievement for each public school and school district within the state, and the performance of the state as a whole. Statewide assessment system components shall be in accordance with requirements of the statewide education accountability system pursuant to W.S. 21
‑
2
‑
204. Improvement of teaching and learning in schools, attaining student achievement targets for performance indicators established under W.S. 21
‑
2
‑
204 and fostering school program improvement shall be the primary purposes of statewide assessment of student performance in Wyoming. The statewide assessment system shall:

(H)

Provide a measure of accountability to enhance learning in Wyoming and in combination with other measures and information, assist school districts in determining individual student progress as well as school level achievement, growth and readiness targets. In
addition to reporting requirements imposed under W.S. 21
‑
2
‑
204, the assessment results shall be reported to students, parents, schools, school districts and the public in an accura
te, complete and timely manner.
For schools with
students enrolled in
full
‑
time virtual education programs, assessment results
for students attending full
‑
time virtual education programs
shall
be reported in
aggregate form

and
separate f
rom students physically attending class in
a
school facility.

Assessment results shall be used in conjunction with each school district's assessments to design educational strategies for improvement and enhancement of student performance required under W.S. 21
‑
2
‑
204. Assessment results shall also be used to guide actions by the state board and the department in providing and directing a progressive multi
‑
tiered system of support, intervention and consequences to districts in developing school improvement plans in response to student performance to attain target levels measured and established under W.S. 21
‑
2
‑
204. In consultation and coordination with school districts, the board shall subject to W.S. 21
‑
2
‑
204, review and evaluate the assessment system regularly and based upon uniform statewide reports, annually report to the legislature as required under W.S. 21
‑
2
‑
204;

21
‑
4
‑
502
.

Attendance in another district when convenient or desirable; admission of pupils resident in other districts; attendance for ADM computations specified.

(c)

Any district within the state may allow
nonresident
pupils
to attend
enrolled in another school district
in
the state

to receive a portion of a pupil's education pursuant to an agreement with
a resident
the

district

in which the pupil i
s
enrolled
. The agreement shall be in writing with a copy kept on file by both
districts. The
resident
district
providing for the enrollment of the pupil

shall include the pupil within its average daily membership (ADM) for purposes of the foundation program under W.S. 21
‑
13
‑
309. The
nonresident
district
providing a portion of the pupil’s education

may assess the
resident
district

providing for the enrollment of the pupil

tuition for the classes the pupil attends. The tuition shall be equal to or less than the
nonresident
per ADM amount
for the district providing a portion of the pupil’s education

prorated to reflect the number of classes attended by the pupil.
This subsection shall not apply if a pupil enrolls full
‑
time in a nonresident district pursuant to subsections (a) and (b) of this section.

21
‑
13
‑
310
.

Annual computation of district revenues.

(a)

To ensure revenues available to each district are uniformly sufficient to enable compliance with the uniform standards for educational programs prescribed under W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102 and to secure state board accreditation of educational programs under W.S. 21
‑
2
‑
304(
a)(ii), the revenues specified under this subsection shall be deemed state revenues and shall be considered in determining the amount to be distributed to each district under W.S. 21
‑
13
‑
311. A district shall make an annual computation of the following revenues:

(ix)

The amount of tuition paid to the district during the previous school year, including any amount charged under W.S. 21
‑
4
‑
501 and any amount assessed in excess of the costs incurred for adult education programs, summer school programs, programs provided under an agreement for cooperative educational programs under W.S. 21
‑
20
‑
101 through 21
‑
20
‑
111 and any amount assessed for programs and services for children with disabilities, but
excluding any tuition assessed by a district for the provision of
distance

virtual
education programs to participating
nonresident
students pursuant to W.S. 21
‑
13
‑
330, any tuition assessed by a district for the provision of part
‑
time educational programs to participating
nonresident
students pursuant to W.S. 21
‑
4
‑
502(c), any revenues received by a district from
post secondary
education option programs provided under W.S. 21
‑
20
‑
201 or for the provision of educational programs to a nonresident student placed in a juvenile detention facility pursuant to an agreement with the student's resident school district;

21
‑
13
‑
330
.

Virtual education; program content; agreements
between
districts authorized.

(
f)

As used in this section:

(i)

"
Distance
V
irtual
education" means instruction
primarily through technology outside of the physical classroom

in the statewide educational program prescribed by W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102
and
through a program

accredited by the state board under W.S. 21
‑
2
‑
304(
a)(ii)
;
, whereby the teacher and student, physically separated by time or space, are connected by means of a communications source used to provide synchronous or asynchronous instruction;

(v)

"Full
‑
time virtual education" means
more than fifty percent (50%) of the
required educational program
is provided

through
virtual education
by a school district
established pursuant to the laws of this state
;

(vi)

"Part
‑
time virtual education" means
fifty percent (50%) or less
of the required educational program
is provided
through
virtual education by a school district
established pursuant to the laws of this
state
;

(g)

A resident
Pursuant to rule and regulation of the department,
a

school district providing
distance

full
‑
time virtual
education for any student shall:

(ii)

Enroll and a
ssign the participating student to a school within the district offering appropriate grade level instruction
;
if the student is not physically attending a school within the resident district

and the district has not entered into an agreement with a nonresident district pursuant to subsection (h) of this section for that student;

(iii)

Monitor the participating student's progress
as measured by his distance learning plan
and in accordance with the district's assessment policies, administer or ensure his participation in required student performance evaluations and assessments at the same intervals required of other students at the participating student's grade level;

(iv)

Facilitate
necessary instructional support for the student and notify and assist any student not performing satisfactorily
;
or failing to achieve performance benchmarks established within his distance learning plan;

(v)

Maintain the student's records within the district's permanent student data system including
his district learning plan,
equivalent attendance as specified by
his plan

department rule and regulation
, assessment and other performance evaluation data, immunization and other
information required by the district

or by rule and regulation of the department
;

(vi)

Verify the
distance

virtual
education program received by the participating student complies with and fulfills the state education program established by W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102 and rule and regulation of the state superintendent under W.S. 21
‑
2
‑
202(a)(xxxi) and that the program otherwise meets district program standards;

(vii)

Restrict the student's
distance

virtual
education to programs approved by the department of education pursuant to W.S. 21
‑
2
‑
202(
a)(xxxi) and accredited by the state board.

(h)

Pursuant to department rule and regulation, a
school district providing part
‑
time virtual education
to
any student
enrolled
in another
school district
shall:

(
i
)

Complete a tuition agreement with the school district in which the student is enrolled
.
The agreement shall identify the services, classes and the payment
s
to be
provided
by the respective school districts. The tuition shall be
paid on a per course basis and shall be
equal to or less than the ADM amount received by the district
providing the part
‑
time virtual education
prorated to reflect the number o
f
virtual education
classes attended by the pupil;

(ii)

Monitor the participating student's
academic
progress
in the virtual education courses and provide any necessary academic information to the school district in which the student is enrolled
as required by department rule and regulation
;

(iii)

Facilitate necessary instructional support
for the virtual education courses
taken by the student
and notify and assist any student not performing satisfactorily;

(iv)

Maintain the student's
record
for the virtual education courses taken by the student
and, as necessary, share educational information with the district in which the pupil is enrolled
;

(v
)

Verify the virtual education program received by the participating student complies with and fulfills the state education program established by W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102 and rule and regulation of the state superintendent under W.S. 21
‑
2
‑
202(
a)(xxxi) and that the p
rogram otherwise meets
program standards
agreed upon by
the district in which the
student
is enrolled
and
the district providing the part
‑
time virtual education
;

(
vi
)

Restrict the student's virtual education to programs approved by the department of education pursuant to W.S. 21
‑
2
‑
202(a)(xxxi) and accredited by the state board.

(h)
(j)

Each student participating in
distance

virtual
education
offered by the school district of residence
shall be included within the average daily membership (ADM) of the
resident
district
in which the student is enrolled

as computed under the education resource block grant model pursuant to W.S. 21
‑
13
‑
309(
m)(iv)
.
, regardless of the origination of the district providing the distance education program for the student.

The membership for a distance

education student shall be prorated at less than one (1.0) ADM if the number of distance education courses in which enrolled are less than the regularly scheduled
courses for that school, but

t
he

distance
The
virtual

education program membership may be combined with any
nondistance

education membership

classes physically attended by the student at the school
to result in a larger fractional ADM of not to exceed one (1.0) ADM

as defined by department rule and regulation
.
A resident district may through agreement provide for a student to participate full time in distance education offered by a nonresident school district whereby the student is counted among the membership of the nonresident district if the nonresident district complies with the requirements specified in subsection (g) of this section and the resident district removes the participating student from its membership for the period of time the student participates full time in the distance education program of the nonresident district.

(j)
(k)

The department of education shall by rule and regulation provide a procedure under which a school district may allow a student whose custodial parent or guardian is in active military service and leaves the state of Wyoming, and whose custodial parent or guardian maintains Wyoming residency, to participate in
distance

virtual
education programs offered under this section provided the district complies with this section to the extent required by department rule and regulation.

Section 2
.

W.S. 21
‑
13
‑
330(
f)(ii) through
(iv)
and (g)(i)

is
repealed
.

Section 3
.

The department of education
,
shall by rule and regulation
,
and in consultation with
the virtual education advisory committee established by W.S. 21
‑
2
‑
202(
a)(xxxi)(F) and
the data advisory committee est
ablished under W.S. 21
‑
2
‑
203
(d)
, develop a methodology for computing average daily membership for students
participating in
virtual
education programs. The methodology shall not be based upon completion of
academic
benchmarks, but shall be based upon the portion of the total required statewide education program
established by W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102
that is represented by the virtual ed
ucation program participation.

Section
4
.

This
act is effective July 1,
201
7
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1