R277-726-3. Superintendent Responsibilities

(1) The Superintendent shall establish, publish, and provide training on comprehensive policies and procedures to facilitate the effective operation of the program. (2) The Superintendent shall prepare and make available program applications and program agreements. (3) An online provider approved by the Superintendent by June 30 shall begin service on July 1 of the following year. (4) Before approving an online provider, the Superintendent shall: (a) review annual financial reports and state-administered test data to establish the capacity of a provider to serve students while meeting program requirements; (b) disclose problematic findings to the applicant and the Board; and (c) verify that a prospective non-LEA online provider, before certification: (i) has a student information system that is compatible with UTREx and USIMS; (ii) is a 501(c)(3) non-profit entity; (iii) demonstrates data security and privacy compliance consistent with federal and state law through submission of a report selected by the Superintendent or developed by the American Institute of Certified Public Accountants; (iv) provides a description of the applicant's academic service experience, including: (A) familiarity with education broadly; (B) competency in instruction; and (C) academic philosophy; and (v) meets other requirements identified by the Superintendent to establish the capacity of the online provider to act as an LEA for purposes of program participation. (5)(a) With the exception of the requirements of Subsection 53F-4-514(2), the Superintendent may determine space availability standards and appropriate course load standards for online courses consistent with Subsection 53F-4-512(3)(g). (b) Course load standards may differ based on subject matter. (6) The Superintendent may restrict an online provider from offering coursework if the online provider has repeatedly demonstrated low performance on statewide assessments in English language arts, mathematics, or science taking into consideration the assessment performance of other districts, charters, and online providers. (7) The Superintendent may refuse to provide funds to an online provider if information has been submitted fraudulently or in violation of law or Board rule by any party to a course credit acknowledgment. (8) The Superintendent may withhold funds from an online provider for failure to comply with reasonable requests for records or information. (9) The Superintendent shall receive and investigate complaints concerning course integrity, financial mismanagement, enrollment fraud or inaccuracies, or violations of law or Board rules, and may impose sanction where appropriate. (10) If an investigation by the Superintendent or a federal agency finds that an online provider has violated the IDEA or Section 504, the online provider shall compensate the student's primary LEA for costs incurred in achieving compliance. (11) The Superintendent may monitor an LEA or online provider to ensure compliance with law or rule. (12) The Superintendent may make decisions regarding unresolved questions or issues arising from Title 53F, Chapter 4, Part 5, Statewide Online Education Program, or Board rule on a case-by-case basis.