Virtual Instruction Program

PURPOSE: This rule establishes policies and procedures for the Missouri Department of Elementary and Secondary Education (department) to implement a public virtual school program to serve school-age students residing in the state, as authorized by section 161.670, RSMo. There are two (2) paths to become an approved Missouri Course Access and Virtual School Program (MOCAP) provider, through the procurement process or in partnership with a local education agency (LEA). This rule specifically addresses requirements for LEAs; the same requirements are addressed by the procurement process. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) General Information. (A) MOCAP publishes a course catalog of approved courses on its website for any kindergarten through grade twelve (K-12) students residing in Missouri. All MOCAP teachers are Missouri appropriately certified. All courses offered through MOCAP are aligned with Missouri Learning Standards. Failure of an LEA provider established through section 161.670.3(14), RSMo, to stay in compliance with this rule may result in the department revoking, suspending, or taking other corrective action regarding the authorization of the provider and/or courses. (B) The department shall publish a MOCAP guidance document on its website. The department will provide the guidance document for all school districts, charter schools, and virtual providers in written and electronic forms. (2) Access. (A) LEAs. 1. LEAs shall inform parents/guardians of their child’s right to participate in MOCAP by providing a copy of the department’s guidance document to every student and parent or legal guardian of every student enrolled in the LEA at the beginning of each school year, and at the time of enrollment for students enrolling at a different time of the school year. LEAs shall provide a readily viewable link to the electronic version of the guidance document on the main page of the LEA’s website. LEAs shall ensure that the availability of the MOCAP program is made clear in the— A. Parent/Guardian Handbook; B. Registration documents; and C. LEA website by featuring the MOCAP website link on the LEA’s homepage. (B) MOCAP Providers. 1. All MOCAP providers shall ensure students have weekly, ongoing interaction with their assigned teachers, for the purposes of instruction, feedback, and/or communication. 2. All MOCAP providers shall ensure enrolled students have multiple methods of communication with teachers such as email, telephone, office hours, and synchronous tools (e.g., online chat, etc.). This must include providing students with a direct form of verbal communication. A general phone number that requires students to “hold for the next available teacher,” or something similar, is not acceptable. All MOCAP providers’ teachers should respond to student messages within twenty-four (24) hours on school days, defined as non-holiday weekdays, when school is in session. 3. The LEA shall be able to interact with unhosted MOCAP course providers’ educators from whom the LEA has students receiving instruction, as needed, throughout the online course via multiple methods such as email, telephone, office hours, and synchronous tools (e.g., online chat, etc.). This communication shall not be limited to one (1) specific method. 4. Each full-time MOCAP hosted provider shall develop, adopt, and post on the provider’s website a policy outlining the consequences, including disenrollment, for a student who fails to complete required instructional activities, as outlined in section 161.670.4(1)(a)-(h), RSMo. The parent shall have the opportunity to present information prior to any final disenrollment decision. 5. If a full-time MOCAP hosted provider disenrolls a student from a full-time program for failure to complete required instructional activities, the full-time provider shall provide written notification to the student’s school district of residence within five (5) business days, defined as any non-holiday weekday. The student’s school district of residence shall then provide to the parent or guardian of the student a written list of available educational options within the next five (5) business days. The resident district shall enroll the student in the selected option according to regular district enrollment procedures. (3) MOCAP Provider and Course Inclusion in the MOCAP Catalog. There are two (2) methods by which virtual providers and virtual coursework will be included in the MOCAP Catalog: (A) Request for Proposals. If more than one (1) provider is determined to be in compliance with the provisions of section 161.670, RSMo, the requirements of this rule, to meet qualifications of the MOCAP Qualified Vendor List, to be responsive to the request for proposal issued by the department by meeting the standards for course alignment to Missouri State Learning Standards, web accessibility for students with disabilities, agreeing to all mandatory contractual terms specified within the request for proposal, agreeing to acceptable contractual terms for all negotiable contractual items within the request for proposal, and section 162.1250, RSMo, the department shall ensure that multiple content providers are allowed; and (B) LEAs. 1. LEAs may request that the department include virtual courses offered by the LEA in the MOCAP catalog. 2. In order to be included in a MOCAP catalog, LEAs must make requests to the MOCAP office by January 1 for inclusion in the fall catalog and by July 1 for inclusion in the spring catalog. 3. An LEA offering online courses or full-time online programming is deemed to be an approved provider; however, before courses are included in the MOCAP catalog, the LEA must demonstrate that it meets the requirements of sections 161.670 and 162.1250, RSMo, and other requirements for doing business in Missouri, as required by law, including but not limited to— A. Pricing and billing structures meet the requirements of section 161.670, RSMo; B. Student information is secure and the LEA’s designee signs the department’s attestation that they have measures in place to comply with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. section 1232g; 34 CFR Part 99) and to prevent data breaches and that data breaches are reported pursuant to sections 162.1475 and 407.1500, RSMo; C. Courses are taught by teachers appropriately certified by the department as required by section 161.670, RSMo; D. Courses meet the standards of Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. section 794(d)), to assure compliance with federal web accessibility laws; E. Courses are aligned to Missouri State Learning Standards; F. Provide assurance through Cloud Service Agreement Review; G. Provide the MOCAP checklist to the department to indicate which accommodations and modifications the provider is able to offer; H. Certify business status, enrollment documentation, and work authorization when services are not provided directly by the LEA; I. Integrate with and utilize the student information system contracted by the department for student enrollment and data collection; and J. Provide information to the department regarding products or services performed at sites outside of the United States, employee conflicts of interest, and proposed subcontractors. 4. If an LEA sponsors, co-brands, licenses, purchases, contracts for, or otherwise offers through MOCAP any virtual courses or a full-time virtual program, the LEA is the approved provider and must comply with the MOCAP provider’s responsibilities under state law. (4) Reporting. The following are requirements for reporting MOCAP coursework: (A) LEAs will report MOCAP courses using the appropriate Core Data delivery system codes specified by the department; and (B) Providers. 1. Providers must— A. Ensure that an Education Services Plan (ESP) and Collaborative Agreement is created to provide all services required to ensure a free and appropriate public education (FAPE); B. Monitor individual student progress and engagement of students enrolled in MOCAP courses with non-hosted providers, as related to the student’s instructional activities, as outlined in section 161.670.4(1)(a)-(h), RSMo; provide student progress reports for each student enrolled in MOCAP courses at least four (4) times per school year to the resident LEA; provide the resident school district ongoing access to academic and other relevant information on student progress and engagement; and terminate or alter the course offering if it is found the course is not meeting the educational needs of the students; C. In consultation with the host LEA, terminate or alter the virtual school program if it is not meeting the educational needs of the students; D. Transmit reports to the department in a manner and format and on a timeline specified by the department; E. Provide LEAs with accurate and timely progress reporting for MOCAP course enrollments through a secure online portal, updated at least weekly; F. Provide LEAs with monthly billing invoices based on the student’s completion of assignments and assessments for MOCAP course enrollments that include the student’s overall progress and current grade in the course; and G. Submit Student Membership data for full-time virtual program attendance center to the department in Core Data reports to ensure that state aid calculations can be completed. 2. All courses offered by MOCAP providers must use course numbers established by the department. (5) MOCAP Course Enrollment Process. (A) Each LEA shall adopt an enrollment policy by which a student may enroll into MOCAP courses that is substantially similar to the typical process the LEA would use to enroll students into non-virtual courses. 1. If a student, excluding students with an Individualized Education Program (IEP) or a Section 504 plan, requests enrollment in a MOCAP course, the LEA must either approve or deny the initial request within ten (10) business days. The ten (10) business day period will begin when the LEA receives the request. 2. If the LEA denies the student’s request to enroll in a MOCAP course, the LEA must provide written notification stating the reasons for the denial, with the reasons being for good cause. Good cause justification for denial is based on the educational best interests of the student and shall be consistent with the determination that would be made by the LEA for similar course requests, except that the LEA may also consider the suitability of virtual coursework based on prior participation in virtual courses by the student. 3. The LEA may not deny a student his or her choice of a AND SECONDARY EDUCATION MOCAP program because the LEA does not generally approve of virtual learning or because the LEA prefers a different virtual course or program. 4. A failure to render and communicate the initial decision and the right to appeal denial to the student and student’s guardians within ten (10) business days will be deemed to be an enrollment approval. (B) MOCAP enrollment decisions for students with disabilities must be made by the student’s IEP team or Section 504 committee. (C) The LEA shall create an appeal process for denials of MOCAP course enrollments available to parents or guardians that uses a process which is substantially similar to the process that is available to students for appeals for students seeking to enroll in courses offered by the LEA. The LEA’s governing board must render a decision within thirty (30) days. (6) MOCAP Full-Time Hosted Program Enrollment Process. (A) Each host LEA of a full-time virtual school program under MOCAP must operate and implement the following enrollment policy for students interested in enrolling in the program of his or her choice: 1. All necessary enrollment decisions should be made within ten (10) business days, unless additional time is necessary to complete the process; 2. The full-time virtual provider and host district shall make an enrollment decision after an enrollment request from a parent or guardian and provide the student’s parent or guardian with written notification of an enrollment decision; 3. To the extent that the resident LEA wishes to provide relevant information and input related to the student’s requested enrollment into the MOCAP program, it must do so within ten (10) business days of notice of the student’s enrollment application and will complete an ESP and Collaborative Agreement for any student only if additional services are deemed necessary; 4. For any enrolling full-time MOCAP student, the host district will verify and document the student’s Missouri residency as defined under section 167.151, RSMo; 5. For any enrolling full-time MOCAP student with an existing IEP, the host district will use the IDEA transfer process to conduct the student’s IEP team meeting; 6. For any enrolling full-time MOCAP student, including students receiving special education services under IDEA, the student’s parent or guardian, the virtual provider, the host district, and any other relevant party must work in good faith to create an ESP and Collaborative Agreement to the extent required to ensure a FAPE that considers and outlines all education services and supports, facilities and financial terms needed for the educational programming of the student. The host district must complete a final draft of the student’s ESP, Collaborative Agreement, and enrollment plan; and 7. Any full-time MOCAP student disenrolled from a hosted program who was not enrolled in his or her resident district prior to enrolling in the full-time MOCAP program will be counted as a dropout student in Core Data for the host district if after the resident district fulfills its obligations under section 161.670.4(4) another school does not request the records of the student and the student’s parent or guardian has not filed a declaration as provided in section 167.042, RSMo. (B) If a student’s enrollment request is denied, the full-time MOCAP provider shall provide a written notification to the student, the student’s parent or guardian, the host LEA, and the resident LEA setting forth the enrollment decision, and all reasons for such disapproval. The full-time MOCAP provider must provide such notification by the twelfth business day after the resident LEA is notified of the student’s enrollment application and has provided information and input regarding the application or has not done so within the ten (10) business days allowed for such information. Failure to provide such written notification regarding the enrollment decision within that time frame will result in the application being deemed approved. (C) The full-time MOCAP provider must create an appeals process for any denial of an enrollment request that allows the parent or guardian a reasonable opportunity to present to the program’s head of school, executive director, or similarly titled program leader any relevant information to be considered on appeal. The determination by the parent that the program is in the best educational interest of the student shall be given significant weight and will only be overruled based upon a preponderance of the evidence that the virtual program is not in the best educational interest of the student. The fulltime MOCAP provider must render a decision within three (3) business days. (7) Each semester, LEAs must file with the department, in a manner and at the time specified by the department, the number of MOCAP applications they received along with the number of applications approved and the number denied. (8) Instructional Process. (A) LEAs. 1. Special Education/Section 504 Requirements. A. Pursuant to the IDEA (20 U.S.C. section 1400, et seq., and its implementation regulations at 34 CFR section 300) and the Americans with Disabilities Act (Section 504) (42 U.S.C. section 12101, et seq., and its implementation regulations at 34 CFR section 104), the identification and education of students with disabilities or students who are in need of accommodations contained in an IEP and/or a Section 504 plan is the responsibility of the LEA that enrolls the student. B. The IEP team or Section 504 committee of the student is responsible for making the determination that registering a student with an IEP or a Section 504 plan in a MOCAP course is in the educational best interest of the student and will confer FAPE. C. If the IEP team or the Section 504 committee determine that a student’s enrollment in MOCAP is appropriate, then the IEP or Section 504 plan may be revised to include the services, aids, supports, accommodations, and modifications that will be required in order for the IEP or Section 504 plan to be reasonably calculated to confer educational benefit to the student. D. If an IEP team or a Section 504 committee determines that a student may enroll in MOCAP courses, the LEA shall send the MOCAP provider a description of the accommodations and modifications contained in the IEP or Section 504 plan. The LEA and provider(s) must work closely together to develop and implement a monitoring protocol or process to ensure that the provider is implementing the accommodations and modifications as written in the IEP or Section 504 plan. This will include participation in IEP team or Section 504 committee meetings by the provider’s teacher, as necessary. E. If a provider fails to implement accommodations and modifications, the IEP team or the Section 504 committee may reconsider approval for the student taking virtual courses at any time. F. The LEA (through the IEP team or the Section 504 committee) may initially, or after reevaluation, determine that based upon a student’s unique needs, an online program is not appropriate to confer FAPE, even with the provision of appropriate and individualized accommodations, modifications, aids, or services. Such a determination is subject to the parents’/guardians’ rights and procedural safeguards under IDEA and Section 504, respectively. G. The LEA shall provide to the MOCAP course provider the reasons for any determination by an IEP team or a Section 504 committee to discontinue any online program for a student enrolled in MOCAP courses, when it is related to failure on the part of the provider to provide the required accommodations and modifications. (B) MOCAP Providers. 1. MOCAP providers shall furnish LEAs, parents or guardians, and students with policies on academic integrity, internet etiquette, plagiarism, and privacy before the beginning of each course. These policies must be emailed to the LEAs, parents/ guardians or guardians, and students. The provider must post copies of all academic integrity, internet etiquette, and privacy information on the provider’s website before providing courseware or services to any student. 2. MOCAP providers will treat all student personally identifiable information, as that term is defined in 34 CFR section 99.3, as confidential, whether or not the student has been officially enrolled in the provider’s program. Providers will notify the department, any impacted LEAs, and its affiliates and subcontractors, if applicable, in the event of a data breach relating to student personally identifiable information, within twenty-four (24) hours, and will follow all applicable state and federal law with respect to required parent/guardian and student notifications. 3. Student-teacher ratios shall not exceed the recommended Missouri School Improvement Program (MSIP) classroom size guidelines for seated instruction set forth in 5 CSR 20-100.125. Within five (5) business days after receiving a student-teacher ratio request from the department, the course provider shall provide proof this requirement is being met. 4. Prior to adding a teacher or changing a teacher’s course assignment during a semester, the provider shall communicate with the department to ensure certification requirements are met. 5. Special Education/Section 504 Requirements. A. MOCAP providers must— (I) Sign and return the accommodations and modifications checklist to the department; (II) Work closely with the LEA to develop and implement a monitoring protocol or process to ensure that the accommodations and modifications are being implemented by the provider as written in the IEP or Section 504 plan. This will include participation in IEP team or Section 504 committee meetings by the provider’s teacher, as necessary; and (III) Work with the LEA staff to ensure that a student’s IEP goals are being met and/or that a student has the required accommodations and modifications. (9) 20 U.S.C. section 1232g; 34 CFR part 99; 29 U.S.C section 794(d); 20 U.S.C. section 1400 et seq.; 34 CFR section 300; and 42 U.S.C. section 12101, et seq., are incorporated by reference and made a part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001 in January 2023. Copies of these regulations can also be obtained from the Department of Elementary and Secondary Education, Office of Quality Schools, Education Support Services Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/ governmental-affairs/dese-administrativerules/incorporatedreference-materials. AUTHORITY: section 161.092, RSMo 2016, and section 161.670, RSMo Supp. 2023.* This rule previously filed as 5 CSR 50-500.010. Original rule filed Sept. 12, 2007, effective March 30, 2008. Moved to 5 CSR 20-100.230, effective Aug. 16, 2011. Amended: Filed Jan. 15, 2019, effective Aug. 30, 2019. Amended: Filed June 12, 2020, effective Jan. 30, 2021. Amended: Filed Dec. 14, 2020, effective July 30, 2021. Amended: Filed Jan. 17, 2023, effective May 30, 2024. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 161.670, RSMo 2006, amended 2018.