You asked for models for state legislation to require the State Board of Education (SBE) to license distance learning or correspondence schools. For purposes of this report, we assumed that the courses or schools that would be licensed are those offering instruction to students in grades K-12, since that is the SBE's jurisdiction.

SUMMARY

Models for legislation to require the State Board of Education to license distance learning or correspondence schools fall into two categories.

One model, represented by Connecticut's law regulating private occupational schools and Massachusetts' correspondence school licensing law, is to license the schools themselves. These laws require the state to evaluate schools' facilities, financial soundness, sales and instructional methods, and faculty and administrator qualifications. Schools apply for state authorizations, which must be periodically renewed; pay license and license renewal fees; and are subject to financial and other penalties for operating without required authorizations.

The second model, represented by recently enacted laws in Arkansas and Oklahoma, is applicable only to schools providing instruction to public elementary and secondary school students electronically, using the Internet or television. This model requires the state to approve individual courses. Standards for approval are based on course content and state curriculum requirements and the penalty for not being approved is that students cannot get credit toward graduation for taking the course.

For your further information, we also enclose a copy of "Guidelines for Web-based Courses for Middle Grades and High School Students" developed by the Southern Regional Education Board (SREB). (SREB is an education policy organization formed through a compact of 16 southern states. ) The SREB guidelines focus on three areas: (1) curriculum, instruction, and student assessment; (2) management; and (3) evaluation of courses delivered. Within each area, the guidelines provide a multipart checklist for evaluating course quality.

PRIVATE OCCUPATIONAL SCHOOLS - CONNECTICUT

Privately controlled schools offering instruction in any trade, industrial, commercial, or service occupation for remuneration must have a certificate from the Department of Higher Education (DHE) to operate in Connecticut. The requirement does not apply to (1) businesses or organizations providing training solely to their employees or members or (2) schools the General Assembly allows to confer degrees.

To be authorized, a school must apply to DHE and provide information about its owners, stockholders, location, financial condition, and course catalogue, among other things. After receiving an application, DHE must appoint a team to inspect the school and to evaluate, among other things (1) the quality and content of its instruction; (2) the adequacy of its facilities, instructional equipment, and personnel; (3) the qualifications of its administrators and instructors; and (4) its financial soundness.

Schools must renew their authorizations annually for their first three years of operation. Thereafter, authorizations may be renewed for up to five years. Although schools must be reevaluated at least every five years, DHE must accept national accreditation by an accrediting agency recognized by the U. S. Education Department as meeting the renewal and evaluation conditions, unless it finds reasonable cause not to do so.

Schools must pay a fee of $ 500 for an initial application and a $ 100 annual renewal fee. Each branch or extension of an authorized school must be separately authorized. Schools must pay a $ 100 annual fee for each branch authorization. Each representative who solicits enrollments for the school must apply for a DHE permit. The permit is renewable annually and the permit fee is $ 50 per year (CGS §§ 10a-22a - 10-22k).

CORRESPONDENCE SCHOOLS - MASSACHUSETTS

Massachusetts requires the state education commissioner to license correspondence schools operated within the state. The law covers schools that charge tuition to provide instruction by correspondence in any field of study. It excludes schools that have no place of business in Massachusetts, schools conducted by employers for their own employees and who charge no fee for instruction, schools operated by the state or its political subdivisions, and schools operated by established religious institutions.

In applying for state authorization, schools must submit to the education commissioner information on their instruction methods, equipment, teacher qualifications and experience, the form and content of course materials, and the provisions of student enrollment agreements or contracts. They must also submit financial information to the state auditor who must, after investigation, certify the applicant's financial ability to operate a school to the education commissioner.

Correspondence school representatives must be separately licensed, and schools must submit copies of all advertising to the education commissioner. The commissioner may revoke a school's license if he finds it engages in false, misleading, or deceptive advertising.

Licenses are renewable every two years upon payment of fees determined by the commissioner. Licensees must also post surety bonds or other forms of indemnification. The amount of the bond is determined by the state auditor and must be between $ 5,000 and $ 100,000 for a school and no more than $ 1,000 for a school representative. The auditor can require additional surety if he determines the licensee's cash resources may not suffice to make legally required tuition refunds to students (Mass. Gen. Laws Ann. , Chap 75C, copy enclosed).

DISTANCE LEARNING COURSES

Arkansas

Arkansas requires distance learning to be available in 100 public elementary and secondary schools by August 1, 2000 and in all the state's school districts by August 1, 2004. The Arkansas Department of Education must oversee and coordinate implementation of this mandate. The law requires at least college preparatory and technological courses, such as advanced math and science, computer skills, and arts courses, to be available through distance learning.

Although the law allows any elementary or secondary school to import courses from out-of-state, the Education Department must approve the course curriculum in advance. The law also requires the department to adopt rules for appropriate adult supervision of distance learning (Arkansas Act 1083 of 1999, copy enclosed).

The Education Department's proposed curriculum and assessment rules for distance learning courses (copy enclosed) requires the department to either approve individual required courses originating from an out-of-state institution or approve the institution offering the courses. Distance learning courses originating in Arkansas that are used as required public school courses must have a primary instructor who is "appropriately licensed or approved. " Distance learning courses used to meet state education requirements must also have an adult facilitator to supervise instructional activity where students meet as a group.

Oklahoma

Legislation adopted in 2002 requires the State Board of Education to adopt rules to implement Internet-based courses offered in public elementary and secondary schools and requires local school districts to adopt policies and procedures for such courses that conform to the State Board's rules. Local policies and procedures must include:

1. criteria for approving an Internet-based course,

2. criteria for determining the course's appropriateness for a particular student, and

3. authorization for full-time students to enroll in the courses.

The new law also requires students enrolled in such courses to take state achievement tests and to provide their own equipment and Internet access, unless their school district chooses to provide the equipment. Students may not receive credit for Internet-based courses that are not approved by the state and district boards of education (Oklahoma Enrolled Senate Bill No. 1408, copy enclosed).

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