In this subtitle the following words have the meanings indicated.
“Quality online education standards” means the National Standards for Quality Online Programs: Second Edition (2019).
“Sponsor” means a county board, having a fiduciary responsibility for the operation of the virtual school.
“Virtual school” means a public school:
Established by a county board or multiple county boards under a written agreement under § 4–109 of this article;
That uses one or more technologies to deliver instruction to its students entirely or primarily online; and
In which the students and instructors participate remotely from separate locations.
This subtitle does not apply to:
A virtual learning opportunity offered by the Department or a county board under § 7–1002 of this title;
An upper–level high school program that:
Has online components; and
Designs a student’s academic program to maximize the flexibility of the student’s schedule to accommodate the student’s work schedule; or
A public school operating under a virtual education plan during a prolonged state of emergency under Subtitle 14A of this title.
Subject to paragraph (2) of this subsection, in this subtitle any references to a county board include multiple county boards operating a virtual school under a written agreement.
If multiple county boards establish a virtual school under a written agreement, the county boards shall designate a lead county from among the participating counties.
Unless inconsistent with the provisions of this subtitle or the written agreement specifies otherwise, the policies on personnel, instruction, scheduling, and student support in the lead county shall govern the virtual school.
Except as provided in paragraph (2) of this subsection and subject to the approval of the Department, a county board may establish one virtual school for the elementary, middle, and high school grade bands.
The Department may provide preliminary authorization to a county board to establish one additional virtual school on a showing of just cause, as determined by the Department.
The Department may revoke approval of a virtual school if during the previous school year the virtual school fails to meet the standards established by the Department in regulation.
A county board may appeal a denial or revocation of approval for the establishment of a virtual school to the State Board for adjudication during a public hearing.
The State Board shall develop an appeals process to carry out the provisions of this paragraph.
A virtual school may not include classes for prekindergarten or kindergarten students.
A virtual school is subject to all applicable federal and State laws and regulations governing the operation of a public school.
Each approved virtual school shall have a unique school code assigned by the Department.
A county board may not contract with a for–profit entity, but may contract with a nonprofit entity, to operate or administer a virtual school for the county board.
The provisions of paragraph (1) of this subsection may not be construed to prohibit a county board from contracting with a for–profit entity for goods and services for a virtual school.
A student who is eligible for enrollment in a public school in the State is eligible to enroll in a virtual school.
In addition to the criteria established by the Department or a county board, an application for enrollment in a virtual school shall require an applicant to describe why instruction in a virtual learning environment will lead to successful academic outcomes for the applicant.
Subject to subparagraph (ii) of this paragraph, not more than 10% of the students who would otherwise attend a single public school in the county in any school year may enroll in a virtual school established by a county board.
A sudden decrease in enrollment in a single public school that results in 10% or more of the students who would otherwise attend that public school attending a virtual school established by a county board is not a violation of this paragraph.
The Department may authorize a county board to exceed the cap under paragraph (1) of this subsection on a showing of just cause.
Except as provided in paragraph (2) of this subsection, if a county board receives more applications than there are available spaces in a virtual school, the county board shall admit all students on a lottery basis.
A county board shall give greater weight to a student’s lottery status as a part of a lottery held under paragraph (1) of this subsection based on demographic diversity under subsection (e) of this section and any other criteria established by the county board.
To the extent practicable, the student body of a virtual school shall reflect the socioeconomic, racial, ethnic, cultural, and gender diversity of the students enrolled in the public school system in the county.
The county board shall develop an outreach campaign to provide information to the public on the availability of the virtual school option.
The outreach campaign shall be designed to encourage applications from students who meet the intent of subsection (e) of this section, including the production of materials and communications in languages spoken by more than the percentage of the student population in the local school system determined appropriate by the county board.
A virtual school shall provide each enrolled student:
Access to a sequential curriculum approved by the State Board that meets or exceeds the standards adopted by the county board in the county of the virtual school’s principal place of business or the county designated under a written agreement between multiple county boards;
The same length of time for learning opportunities per academic year that is required for public school students, unless the virtual school can show that a student has demonstrated mastery or completion of the subject area;
Regular assessment in the core areas of instruction as required by regulations adopted by the State Board under § 7–1409 of this subtitle; and
Access to the following services:
To the extent practicable, extracurricular activities at the public school the student would otherwise be required to attend in person;
Notwithstanding any other law or regulation and subject to a participation agreement between the public school and the parent or guardian of the student, to the extent practicable, participation in organized athletics and on athletic teams at the public school the student would otherwise be required to attend in person;
Wraparound services;
Food and nutrition services; and
Health care services equivalent to services available to students who receive in–person instruction in the public schools in the county.
A curriculum adopted under subsection (a) of this section shall have:
An interactive program with significant online components; and
An interactive social and emotional wellness component designed for a virtual school environment.
Beginning in the 2022–2023 school year, a virtual school shall follow the quality online education standards.
After collaboration with local school systems, the Department shall establish in regulation the following standards for all virtual schools:
Student attendance requirements and reporting;
Student engagement and conduct;
Program quality metrics;
Tracking and use of student data; and
Data reporting requirements.
A county board shall adopt policies for the mandatory return to in–person instruction for students enrolled in a virtual school, including students who are failing academically after receiving the appropriate supports.
A virtual school shall provide to the parent or guardian of each enrolled student:
Instructional materials, including software;
Information on the closest public facility that offers access to a computer and Internet connection; and
Informational materials on:
School policies;
Student attendance, conduct, and engagement requirements;
Access to extracurricular activities and wraparound services;
Access to food and nutrition services and health care services;
Technology requirements and support services;
Cybersecurity policy and best practices;
Teacher contact information and office hours; and
Any other relevant information as determined by the virtual school.
A virtual school is strongly encouraged to hold in–person orientation sessions with the students, parents or guardians, and school personnel to provide the information required under subsection (a) of this section.
A virtual school shall hold an online orientation to provide the information required under subsection (a) of this section if the virtual school is unable to hold in–person orientation sessions.
A virtual school:
May not provide funds for the purchase of instructional programs or materials to a student or to a student’s parent or guardian; and
Shall provide the appropriate digital device to a student to participate in the virtual school, if required.
A teacher assigned to a virtual school shall have a teacher’s certificate issued by the State Superintendent under Title 6 of this article or any other relevant professional certification authorized under COMAR 13A.12.01.
Teachers or education support personnel assigned to work in a virtual school shall:
Be an employee of the county, or a collaborating county, that established the virtual school;
Subject to subsection (b) of this section, be subject to the collective bargaining agreement of that jurisdiction; and
Have access to professional development.
A collective bargaining agreement may include provisions specific to employees who work in a virtual school in consideration of the conditions and requirements relevant to that work environment.
An employee assigned to a virtual school may not be required to provide virtual and in–person instruction or support to students simultaneously.
Subject to paragraph (2) of this subsection, the county board shall determine the appropriate student–teacher ratio for the size of a class in a virtual school based on multiple factors, including grade level, subject matter, and teacher workload.
The student–teacher ratio of a class in a virtual school shall be consistent with the median in–person class size by course and grade level.
A virtual school shall provide to a teacher and any other employee assigned to teach or provide direct instruction in a virtual school:
The technology and equipment required to perform the functions of the job; and
If necessary, a physical space to conduct teaching or provide direct instruction in the virtual school.
A virtual school shall have a planned staffing model, including provisions for staff recruitment, training, evaluation, and professional development.
A virtual school shall maintain an administrative office in the State that shall be considered its principal place of business.
A virtual school shall be evaluated each year by the county board based on the following criteria:
The extent to which the school demonstrates increases in student achievement according to county and State academic standards; and
The accountability and viability of the virtual school, as demonstrated by its academic, fiscal, and operational performance.
The State Superintendent may assign the duties related to the oversight of virtual schools to the appropriate office or division within the Department.
These duties shall include:
The development, compilation, and updating of best practices for teaching and learning in a virtual environment, provision of services, and the operation and administration of a virtual school; and
Liaising with county boards that operate virtual schools or other stakeholders.
The office or division assigned the duties under paragraph (1) of this subsection may create an advisory committee to provide advice on topics regarding virtual schools and virtual learning.
The State Board shall adopt regulations to carry out the provisions of this subtitle, including establishing minimum criteria for the establishment and approval of a virtual school.