Section 22-30.7-106 - Certification of multi-district online schools - criteria - rules(1) If a school district, a group of two or more school districts, a board of cooperative services created pursuant to section 22-5-104, or the state charter school institute established pursuant to section 22-30.5-503 chooses to authorize a multi-district online school, the school district, group of two or more school districts, board of cooperative services, or state charter school institute shall, prior to authorizing the multi-district online school, apply to the online division for certification of the multi-district online school.(2) Notwithstanding the provisions of subsection (1) of this section, the state board may, in its discretion, waive the requirement that an authorizer that chooses to authorize a multi-district online school apply to the online division for certification of the school if the multi-district online school that the authorizer seeks to authorize has ten or fewer students from outside the school district enrolled in the school.(3) Notwithstanding the provisions of subsection (1) of this section, an authorizer of a single-district online program or online school that becomes a multi-district online school shall not be required to apply to the online division for certification of the multi-district online school in the event that ten or fewer students from outside the school district in which the single-district online program or online school is operating enroll in the multi-district online school.(4) The state board shall promulgate rules specifying criteria to be used by the online division in certifying multi-district online schools. The criteria shall include, but need not be limited to, the following:(a) Whether the authorizer of the multi-district online school possesses adequate resources and the capacity to oversee the multi-district online school, including but not limited to oversight of the following components of the multi-district online school:(I) Curriculum and instruction;(II) Use of software applications and technology;(III) Data gathering, analysis, and reporting;(IV) Human resources management;(V) Financial management, facilities management, and risk management; and(VI) Other relevant public education administration functions;(b) Whether the plan for operating and monitoring the multi-district online school agreed to by the authorizer of the multi-district online school and the principal, director, or other chief administrator of the multi-district online school adequately addresses, at a minimum, consideration of the following elements: (I) The multi-district online school's vision, mission, and goals;(II) The multi-district online school's organizational structure and governance, including governing board and school policies and procedures;(III) Equitable access for all students;(IV) Guidance counseling for all students enrolled in the multi-district online school;(V) Student academic credit policies;(VI) Student achievement and attendance policies, including but not limited to monitoring graduation and dropout rates;(VII) Student records policies and procedures;(VIII) Student admission and placement policies and procedures;(IX) Staff development plans;(X) Student services, including counseling and tutorial support;(XI) Staff, student, and parent handbooks;(XII) Employment and contractor policies and procedures;(XIII) Annual budgeting and finance practices;(XIV) Facility plans, including any contemplated physical sites;(XVI) Data development, analysis, and reporting; and(XVII) Policies and procedures for facilitating communication between the multi-district online school, parents, and school districts in which students who are enrolled in the multi-district online school reside; and(c) The degree to which the multi-district online school will satisfy the quality standards for online programs and online schools described in section 22-30.7-105.(5) On or before January 1, 2008, the state board shall promulgate rules establishing processes and timelines by which a prospective authorizer may apply to the online division for certification of a multi-district online school pursuant to this section.(6) On or before January 1, 2008, the state board shall create an expedited procedure for the approval or denial of certification for multi-district online schools that were operating as of January 1, 2007.(7) Notwithstanding any provision of this section to the contrary, an authorizer of a multi-district online school that was operating as of January 1, 2007, may continue to operate until August 1, 2008, without receiving certification of the school by the online division pursuant to this section.(8) The state board shall not approve the certification of a multi-district online school until the state board has promulgated rules for such certification pursuant to this section.(9) The department shall determine whether a newly authorized multi-district online school is actually a new multi-district online school or a successor to a previously authorized multi-district online school by applying criteria adopted by the department. If the department determines that a newly authorized multi-district online school is a successor school, the authorizer for the multi-district online school may, within thirty days after receiving notice of the decision, appeal the decision to the state board pursuant to the state board's administrative policies.Amended by 2019 Ch. 89,§ 3, eff. 4/10/2019.L. 2007: Entire article added, p. 1074, § 1, effective July 1. L. 2012: Entire section amended, (HB 12-1240), ch. 1323, p. 1323, § 39, effective June 4. L. 2019: (9) added, (SB 19-129), ch. 332, p. 332, § 3, effective April 10.