Administrative Rule Review Report  #            AR09-003

Legislative Service Office

10-Mar-09

 

AGENCY:                                         Department of Education.

 

DATE SUBMITTED:                         January 9, 2009.

 

SUBJECT:                                         Chapter 41, Distance Education.

 

NATURE OF RULES:                        Legislative, procedural

 

STATUTORY AUTHORITY:            W.S. 21-2-202(a)(i), 21-2-202(a)(xxxi), 21-13-330.

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  These are new rules, a new rule letter was sent to the Joint Education Interim Committee on October 6, 2008.  No comments on the rules have been received to date.

 

SUMMARY OF RULES:  These rules add a new chapter to the education rules for distance education and are identical to the emergency rules on distance education which are currently in effect.  The new chapter provides uniform rules for the offering of distance education courses and the transfer and acceptance of credit for those courses.  The new chapter provides a process for enrollment into the Wyoming Switchboard Network and sets out the responsibilities of the Department and both the resident and nonresident districts related to distance education.  The rules specify what data must be collected by the nonresident district and monitored by the Department.  The rules provide the requirements for the memorandum of understanding which will serve as the funding agreement between the resident and nonresident districts.  The rules provide information on the process to participate in the distance education grant program to develop distance education courses.  In addition, the rules provide that distance education students are included in yearly assessments and adequate yearly progress and that student performance is the responsibility of the resident district.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the agency.

 

 

                                                                        _______________________

                                                                        Joshua Anderson

                                                                        Staff Attorney

 

 

                                                                        _______________________

                                                                        Lynda Cook

                                                                        Staff Attorney

JDA/