Digital learning encompasses a wide spectrum of tools and practices that support teaching and learning for students and educators. This chapter defines online and blended courses and establishes requirements for such courses to be offered to students for credit. Processes for the approval of online credit bearing student courses and professional development courses are addressed. These processes include the setting of a vendor fee structure for reviewing and approving courses. In this chapter, the following terms have the meaning indicated. Terms Defined. “Accessible” means fully and equally accessible for independent use by individuals with disabilities to online course content, materials, and features. “Blended course” means one in which less than 80 percent of the instruction is conducted online. Such a course is also referred to as a “hybrid course.” “Digital learning” means any instructional practice that effectively uses Internet-related technology to strengthen the student and/or educator learning experience. “Online course” means an Internet-based course in which 80 percent or more of the instruction is conducted online, the teacher and student are separated by distance or time or both, and two-way communication is required between teacher and student. “Review” means an analysis of a student or professional development online course by a panel of experts designated by the Department to determine whether the course shall be recommended for approval. “Vendor” means a person or organization that markets online courses or contracted online student seats in such courses. The Web Content Accessibility Guidelines (WCAG) 2.0 Level AA (December 2008) is incorporated by reference. Credit-bearing online courses provided to students by a local education agency (LEA) are subject to Department approval by a committee to ensure that the course meets instructional standards and is in compliance with the technology standards outlined in Section 508 of the Rehabilitation Act and COMAR 13A.05.02.13H and the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA (December 2008). Noncredit-bearing courses and blended courses provided to students by a local education agency do not require Department approval. All online professional development courses offered by vendors to local education agencies are subject to Department approval by a committee to ensure that the course meets instructional standards and is in compliance with the technology standards outlined in Section 508 of the Rehabilitation Act and COMAR 13A.05.02.13H and the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA (December 2008). There are three options for obtaining review and approval of credit-bearing online courses and professional development courses. Options for Obtaining Review and Approval. Departmental Review and Approval. A vendor may request a Department review of an online credit-bearing course or professional development course. Department review shall be conducted by a panel of at least three content experts, one of whom shall be a reviewer trained to conduct such reviews. Department review shall include an assessment of the accessibility of the course. A vendor seeking Department approval of an online or professional development course shall pay a nonrefundable fixed fee of $1,400 to the Department to cover the cost of a review. The Department reserves the right to review previously approved courses every 3 years. The Department reserves the right to determine which courses will be reviewed based on student and local education agency need. Local Education Agency Review and Approval Process. A vendor may request an LEA review of an online credit-bearing course or professional development course. The LEA review shall be conducted by a panel of at least three content experts, one of whom must be a reviewer trained to conduct such reviews as designated by the Department. The LEA review shall include an assessment of the accessibility of the course. An LEA may establish a reasonable fee to cover the cost of a review. After conducting the review, the LEA shall submit its review and recommendation for approval to the Department for final approval. To cover the cost of the final review, the LEA shall submit to the Department 15 percent of the fee it collected from the vendor. The LEA reserves the right to determine which courses will be reviewed based on student need. MSDE-Approved Reviewing Program. A vendor may request an MSDE-Approved Reviewing Program review of an online credit-bearing course or a professional development course that includes an assessment of the accessibility of the course. After the review is completed, the MSDE-Approved Reviewing Program shall submit the review documentation to MSDE. The vendor shall pay a fee of $360 to the Department to cover the cost of the final review. Upon review and approval by the State Board, in FY 2016 and any subsequent year thereafter, the Department may increase the vendor fees set forth in this Regulation by no more than 20 percent per annum. If the Department increases the fee, it shall publish such increase on its website at http://marylandpublicschools.org/MSDE. The Department shall only approve courses and digital learning resources that are accessible and meet the technology standards outlined in Section 508 of the Rehabilitation Act and COMAR 13A.05.02.13H and the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA (December 2008). Education Article, §§2-205 and 7-1002, Annotated Code of Maryland Effective date: April 1, 2013 (40:6 Md. R. 474) Chapter revised effective October 28, 2013 (40:21 Md. R. 1779)