House bill NO. 749

INTRODUCED BY L. Jones, D. Bedey, J. Windy Boy, F. Anderson, C. Knudsen, G. Nikolakakos, A. Buckley, B. Ler, K. Walsh, D. Salomon, B. Barker, R. Miner, J. Kassmier

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAWS REGARDING THE MONTANA DIGITAL ACADEMY; revising the purpose of the montana digital academy; providing new requirements and parameters for remote instruction provided by the montana digital academy; REVISING THE COMPOSITION and the membership of THE DIGITAL ACADEMY BOARD; creating the montana digital academy clearinghouse; providing requirements for remote instruction offerings through the clearinghouse; establishing reporting requirements; PROVIDING AN APPROPRIATION; AMENDING SECTION 20-7-1201, MCA; and PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 20-7-1201, MCA, is amended to read:

"20-7-1201. Montana digital academy -- purposes -- governance. (1) There is a Montana digital academy at a unit of the Montana university system. The purpose of the Montana digital academy is to enhance the state's system of education and support the development of the full educational potential of each person consistent with the provisions of Article X, section 1(1), of the Montana constitution.

(2) The purposes of the Montana digital academy are to shall:

(a) make distance learning remote instruction opportunities available to all school-age children through public school districts in the state of Montana, including students who are enrolled on a part-time basis;. Remote instruction opportunities provided through the academy must include:

(i) remote instruction developed in Montana and provided by highly qualified educators licensed in Montana; and

(ii) additional high-quality remote instruction offerings through the Montana digital academy clearinghouse under [section 2].

(b) offer high-quality instructors who are licensed and endorsed in Montana and courses that are in compliance with all relevant education and distance learning rules, standards, and policies; and maximize access to high-quality remote instruction through flexibility in licensure and endorsement. Remote instructors may include teachers who are licensed and endorsed in Montana or elsewhere in the area of instruction taught. When the remote instructor is not licensed and endorsed in Montana or elsewhere, the school district providing remote instruction through the academy shall assign an individual with a class 1, 2, 3, or 4 license under 20-4-106 to facilitate pupil access to the remote instruction.

(c) emphasize the core subject matters required under the accreditation standards, offer advanced courses for dual credit in collaboration with the Montana university system, and offer enrichment courses provide courses that empower pupils to become community, college, and career ready, including but not limited to:

(i) core subject matters required under accreditation standards or school board policy;

(ii) innovative educational programs, as defined in 15-30-3102; and

(iii) proficiency-based courses.

(3) The Montana digital academy must be is governed by a board with equal representation from as follows:

(a) the commissioner of higher education or a designee;

(b) the superintendent of public instruction or a designee;

(d) a Montana-licensed school district administrator appointed by the board of public education;

(e) a trustee of a Montana school district appointed by the board of public education;

(f) the dean of the school of education of the hosting unit of the Montana university system or a designee as a nonvoting member; and

(g) the two officers provided for in subsection (5) as nonvoting members.

(a) The voting members of the governing board include:

(i) a member of the board of regents or a designee;

(ii) a member of the board of public education or a designee;

(iii) the superintendent of public instruction or a designee;

(iv) a trustee of a Montana school district appointed by the governor from a list of three candidates provided by a state professional organization of school district trustees; and

(v) the governor or a designee

(b) The nonvoting members of the governing board include:

(i) a member of the senate appointed by the president of the senate in consultation with the presiding officer of the senate education standing committee and the vice presiding officer of the joint appropriations education standing subcommittee;

(ii) a member of the house of representatives appointed by the speaker of the house of representatives in consultation with the presiding officer of the house of representatives education standing committee and the presiding officer of the joint appropriations education standing subcommittee;

(iii) a Montana-licensed and Montana-endorsed classroom teacher appointed by the voting members of the governing board;

(iv) a Montana-licensed school district administrator appointed by the voting members of the governing board in consultation with a state professional organization of school administrators; and

(v) the program director provided for in subsection (5).

(4) The governing board shall select one of the legislators appointed pursuant to subsection (3)(b)(i) or (3)(b)(ii) to be the presiding officer of the governing board The governing board shall elect a presiding officer and and select a vice presiding officer to 2-year terms without limitation on the number of terms.

(5) The governing board shall hire a program director and a curriculum director who shall serve as chief executive officer and vice chief executive officer respectively on the governing board in a nonvoting capacity. The program director shall develop and, upon approval of the governing board, implement and publish policies and guidelines for the Montana digital academy pertaining to:

(a) course offerings;

(b) software and hardware selection;

(d) partnering school agreements;

(e) instructor training and curriculum development;

(f) course evaluation;

(g) grant opportunities; and

(h) other activities that are essential to the success of a statewide distance learning program.

(6) The governing board shall provide a biennial report to the education interim committee and education interim budget committee in accordance with the provisions of 5-11-210. The report must include but is not limited to the following information:

(a) the number of students served and number of enrollments;

(b) a list of school districts served, including data about size and geographic location of the districts served;

(i) regular courses;

(ii) dual credit, advanced placement, and college courses;

(iii) credit recovery courses; and

(iv) courses offering industry-recognized credentials;

(d) the number of credits earned, including a breakdown of:

(i) regular credits;

(ii) dual credit, advanced placement, and college credits;

(iii) credit recovery credits;

(iv) industry-recognized credentials; and

(v) career and technical education credits;

(e) information about third-party services provided through the clearinghouse and a breakdown of enrollments in Montana digital academy courses compared to enrollments in third-party courses;

(f) results of student satisfaction surveys; and

(g) any recommendations for proposed legislation."

Section 2. Montana digital academy clearinghouse. (1) There is a Montana digital academy clearinghouse. The purpose of the clearinghouse is to provide additional choice and flexibility to build local capacity for serving pupils with remote instruction courses, models, and materials.

(2) The Montana digital academy staff shall develop a clearinghouse interface to provide pupils with access to additional course providers, content, services, and formats. The clearinghouse must provide access to the full range of offerings available through the Montana digital academy.

(3) Services provided through the clearinghouse must include at a minimum but are not limited to:

(a) digital content and platform services;

(b) courses fostering community, college, and career readiness for pupils, including courses to:

(i) satisfy promotion and graduation requirements of the board of public education and the local school district;

(ii) provide access to college credit through direct access to college courses, advanced placement courses, and dual credit courses; and

(iii) provide access to industry-recognized credentials;

(d) proficiency assessment services.

(4) In administering the clearinghouse, the Montana digital academy staff shall:

(a) select, evaluate, and monitor high-quality providers, courses, and services; and

(b) provide technical assistance on the offered services.

Section 3. Appropriation. There is appropriated $950,000 from the general fund to the office of the commissioner of higher education for each year of the biennium beginning July 1, 2023, to be passed through to the Montana digital academy for the purposes provided in [section 2].

Section 4. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 20, chapter 7, part 12, and the provisions of Title 20, chapter 7, part 12, apply to [section 2].

Section 5. Effective date. [This act] is effective July 1, 2023.