Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment codifies additional operating
procedures for Missouri Course Access and Virtual School Program (MOCAP)
courseware providers (providers) that join the catalog through LEA partnerships
including reporting and instructional processes. This amendment also clarifies
access requirements for LEAs and providers.
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.
(1)
General information. 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 a 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.
(2)
Access.
(A) LEAs.
1. LEAs shall inform parents/guardians of
their child's right to participate in MOCAP. LEAs shall ensure that the
availability of the program is made clear in the-
A. Parent/Guardian Handbook;
B. Registration documents; and
C. Featured on the homepage of the LEA
website.
2. Kindergarten
students are considered eligible to enroll in MOCAP after their first semester
of full-time enrollment in a public school, provided the student meets the
other MOCAP requirements. This applies to students fully enrolled in a
school-sponsored early childhood program. Virtual learning in Missouri does not
begin until kindergarten as required by section 161.670.1, RSMo.
(B) Providers.
1. Providers shall ensure students have
weekly, ongoing interaction with their assigned teachers, for the purposes of
instruction, feedback, and/or communication
2. Providers shall ensure enrolled students
have multiple meth-ods 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. Provider 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 the
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.
(3) Credit. Course
credit earned through MOCAP shall be recognized by all LEAs in Missouri.
(A) Providers will notify LEAs of the
percentage complete and the grade percentage earned in each course.
(B) LEAs shall recognize course credit earned
through MOCAP, as long as the provider and course are MOCAP approved.
(C) LEAs will accept all transfer
credit earned from any MOCAP course.
(D) LEAs will ensure transcripts specify which credits
were earned through MOCAP courses.
(4) 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) vendor 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.
(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. The LEA is deemed to be
an approved provider; however, before courses are included in the MOCAP
catalog, the LEA must demonstrate that they meet 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 C.F.R. 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
161.935,
RSMo, 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; and
I. 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. The approved provider's responsibilities include, but are not limited
to, complying with obligations of this rule, coordination of enrollment,
billing, progress and completion reporting, educator assignment reporting, and
dispute resolution.
(5) Transfer. When a student transfers to another LEA,
the MOCAP credit and enrollment(s) will also be transferred to the new LEA
without interruption. This transfer provision applies equally to any transfer,
including those associated with treatment facilities.
(6) Reporting. The following are requirements
for reporting MOCAP coursework:
(A) LEAs will
report MOCAP courses using the appropriate delivery system codes specified by
the department;
(B) Providers.
1. The following requirements must be met for
providers to be retained in the MOCAP catalog. Failure to meet these
requirements will result in corrective action, including possible suspension or
revocation, outlined in section
161.670,
RSMo. Providers must-
A. Transmit reports to
the department in a manner and format and on a timeline specified by the
department;
B. Provide LEAs with
accurate and timely progress reporting through a secure online portal, updated
at least weekly;
C. Provide LEAs
with monthly billing invoices based on the student's completion of assignments
and assessments that includes the student's overall progress and current grade
in the course;
D. Ensure the
provider's teachers keep records up-to-date weekly and available for MOCAP
staff, LEA personnel, and parents/guardians, to have online access to view a
student's current progress; and
E.
Send final grade reports as a percentage of the course completed and as a
percentage of the grade earned to the LEA and parent/guardian.
2. All courses offered by MOCAP
providers must use course numbers established by the department.
(7) MOCAP Enrollment
Decisions.
(A) If a student, excluding
students with an Individualized Education Program (IEP) or a Section 504 plan,
requests enrollment in a MOCAP course or full-time virtual school, the LEA must
either approve or deny the initial request within ten (10) business days,
defined as any non-holiday weekday in which the administrative offices operate
normal business hours. The ten (10) business day period will begin when the LEA
receives the request. A failure to render and communicate the initial decision
and the right to appeal denial to the governing body of the LEA 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) Appeals of denial
of enrollment in MOCAP courses by the LEA's governing body can be made through
the department's web-site:
www.mocap.mo.gov. If a student or
parent/guardian (appellant) files an appeal to the department of an enrollment
decision, the department will notify the appellant and the LEA of receipt of
the appeal. The appellant, when filing the appeal, must submit any and all
material previously submitted to the governing board of the LEA whose decision
is being appealed along with the final decision of the governing board. The LEA
will have seventy-two (72) hours from the filing of the appeal to submit the
full record, including evidence given by the LEA used to make the governing
board's decision. The LEA must provide the initial good cause justification for
the enroll-ment decision. If necessary, the department may ask for
clarification of the materials presented
(8) 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.
(9)
Instructional Process.
(A) LEAs.
1. Special Education/Section 504
Requirements.
A. Pursuant to the Individuals
with Disabilities Education Act (IDEA) (
20 U.S.C. section
1400, et seq., and its implementation
regulations at 34 C.F.R. section 300 ) and the Americans with Disabilities Act
(Section 504) (
42 U.S.C. section
12101, et seq., and its implementation
regulations at 34 C.F.R. 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
a Free Appropriate Public Education (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 should be taking
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 MOCAP 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, when it is related to
failure on the part of the provider to provide the required accommodations and
modifications.
(B) Providers.
1. 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. Providers will treat all student
personally identifiable information, as that term is defined in
34 C.F.R. 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 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. 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.
*Original authority: 161.092, RSMo 1963, amended 1973,
2002, 2003; 161.670, RSMo 2006; 163.031, RSMo 1963, amended 1965, 1965, 1967,
1967, 1969, 1975, 1976, 1977, 1982, 1984, 1985, 1986, 1993, 1996, 1997, 1998,
2000, 2004, 2005, 2006; and 163.043, RSMo
2005.