1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," providing for online education
6initiative.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding an
11article to read:

12ARTICLE XV-H

13ONLINE EDUCATION INITIATIVE

14Section 1501-H. Definitions.

15The following words and phrases when used in this article
16shall have the meaning given to them in this section unless the
17context clearly indicates otherwise:

18"Approved online course." An online course which has been
19approved by the department for use by school entities under this

1article.

2"Approved provider." A nonprofit or for-profit organization,
3business, institution of higher education or school entity that
4has been approved by the department to provide specifically
5approved online courses to school entities under this article.

6"Department." The Department of Education of the
7Commonwealth.

8"Institution of higher education." The term includes any of
9the following:

10(1) A community college operating under Article XIX-A.

11(2) A university within the State System of Higher
12Education.

13(3) The Pennsylvania State University.

14(4) The University of Pittsburgh.

15(5) Temple University.

16(6) Lincoln University.

17(7) Any other institution that is designated as "State-
18related" by the Commonwealth.

19(8) Any accredited private or independent college or
20university.

21(9) Any private licensed school as defined in the act of
22December 15, 1986 (P.L.1585, No.174), known as the Private
23Licensed Schools Act.

24"Online course." A course of study that uses technology in
25order to provide a significant portion of its curriculum and to
26deliver a significant portion of instruction to students through
27the Internet or other electronic means. The term shall include
28all services and materials related to such course.

29"Provider." A nonprofit or for-profit organization,
30business, institution of higher education or school entity which

1has submitted one or more online courses to the department for
2approval and use under this article.

3"School entity." A school district, joint school district,
4charter school, cyber charter school, intermediate unit or area
5vocational-technical school.

6"Secretary." The Secretary of Education of the Commonwealth.

7Section 1502-H. Clearinghouse for online course offerings.

8(a) Duty to establish.--Within one year of the effective
9date of this section the department shall establish a central
10clearinghouse of online courses for students enrolled in grades
11three through twelve and which clearinghouse shall be accessible
12by school entities. In establishing the clearinghouse the
13department shall:

14(1) Establish an application process for providers to
15submit their online course offerings for review by the
16department.

17(2) Review the online course offerings submitted by
18providers and approve those that:

19(i) are aligned to the State academic standards for
20education;

21(ii) provide a detailed and quality curriculum and
22accountability plan;

23(iii) possess an assessment component for
24determining student proficiency; and

25(iv) have been adapted to the age, development and
26needs of the students.

27(3) Create an online database that catalogs approved
28providers and the approved online courses submitted by those
29providers, and make the database available to school
30entities.

1(4) At least annually, update the database of approved
2providers and online courses by adding or removing approved
3providers and online courses as necessary to provide
4extensive, quality online course options to school entities.

5(5) Construct the database required in paragraph (3) in
6such a way as to:

7(i) provide school entities with sufficient
8information on each approved online course; and

9(ii) ensure ease of communication between a school
10entity and an approved provider to facilitate the
11purchasing of approved online courses.

12(b) Fees, approval periods and purchasing.--The review,
13approval and purchase of online courses shall be administered by
14the department as follows:

15(1) The department may establish an administrative fee,
16not to exceed $500, for the purpose of reviewing each online
17course submitted by a provider. Beginning in the 2016-2017
18school year and each year thereafter the fee shall be subject
19to annual adjustment in accordance with section 120.

20(2) If, after a review of an online course under the
21provisions of subsection (a)(2), the department decides to
22withhold approval, the department shall notify the provider
23of the reason approval was withheld so that the provider may
24make the necessary adjustments for resubmittal of the online
25course. Any online course that has been resubmitted for
26review shall be subject to the administrative fee provided
27for in paragraph (1).

28(3) Each online course approved under subsection (a)(2)
29shall be authorized by the department for use by school
30entities under the provisions of this article for a period of

1five years.

2(4) Upon the expiration of a five-year period of
3approval, a formerly approved online course must be
4resubmitted to the department for review and reapproval. The
5department may establish an administrative fee, not to exceed
6$250 for the purpose of reviewing an online course for
7reapproval. Beginning in the 2016-2017 school year and each
8year thereafter the fee shall be subject to annual adjustment
9in accordance with section 120.

10(5) The department may withdraw approval of an online
11course at any time if the department determines that the
12online course is no longer adequately aligned with the State
13academic standards or no longer provides a detailed and
14quality curriculum and accountability plan.

15(6) The department shall notify a provider immediately
16following the approval of each online course submitted by the
17provider. Upon receiving such notification the approved
18provider may enter into contracts with school entities for
19the provision of the approved online course, but in doing so,
20the approved provider may not charge a school entity a
21purchase price of more than $400 per participating student
22per course per school year.

23Section 1503-H. Participation by school entities.

24(a) General rule.--Beginning in the 2015-2016 school year
25and each year thereafter, each school entity shall offer its
26students in grades three through twelve the opportunity to
27participate in the online courses approved by the department
28under this article. In providing this opportunity a school
29entity shall:

30(1) Establish policies and procedures for student

1eligibility and participation, including a policy on the
2selection of approved online courses made available to
3students by the school entity from the clearinghouse
4established in section 1502-H. The policies and procedures
5established by a school entity shall be consistent with the
6regulations adopted pursuant to section 1504-H, and shall be
7made accessible to parents and students and posted on the
8school entity's publicly accessible Internet website.

9(2) Ensure that parents and students are made aware of
10the opportunity for online learning under this article and
11make information about available online courses easily
12accessible to parents and students.

13(3) Contract with approved providers for the provision
14of approved online courses.

15(b) School entity online courses and programs.--The
16following shall apply to school entities which offer their own
17online courses and programs:

18(1) The school entity may use any online courses or
19programs available through the school entity to fulfill the
20requirement in subsection (a) if the online course or program
21offerings available through the school entity:

22(i) are aligned to the State academic standards for
23education;

24(ii) provide a detailed and quality curriculum and
25accountability plan;

26(iii) possess an assessment component for
27determining student proficiency; and

28(iv) have been adapted to the age, development and
29needs of the students.

30(2) If the online courses or programs available through

1the school entity are not offered to students in one or more
2grade levels, then the school entity shall fulfill the
3requirement in subsection (a) for students in those grade
4levels.

5Section 1504-H. Regulations.

6(a) General rule.--Within one year of the effective date of
7this section, the State Board of Education shall promulgate
8final-omitted regulations pursuant to the act of June 25, 1982
9(P.L.633, No.181), known as the Regulatory Review Act, necessary
10to implement this article.

11(b) Consultation.--In promulgating the regulations required
12under subsection (a), the State Board of Education shall consult
13with school directors, school administrators, school business
14officials, teachers, providers, parents and students.

15Section 1505-H. Report.

16The secretary shall submit a report on the clearinghouse and
17the participation of school entities to the Governor, the
18chairman and minority chairman of the Education Committee of the
19Senate and the chairman and minority chairman of the Education
20Committee of the House of Representatives. The report shall be
21submitted no later than June 30, 2020, and shall at a minimum
22include all of the following information:

23(1) The number of students participating in online
24courses approved under this article.

25(2) The number of approved providers.

26(3) The number of approved online courses.

27(4) A description of the types of online courses
28available through the clearinghouse.

29(5) An assessment of the academic impact the online
30courses approved under this article have had on the

1participating students.

2(6) An assessment of the financial costs to school
3districts for participating in the online courses approved by
4the department under this article.

5Section 1506-H. School entity online course or program.

6Nothing in this article shall be construed to prevent a
7school entity from establishing its own online course or program
8in accordance with this act.

9Section 2. This act shall take effect in 60 days.