This is in response to your request for an opinion addressing: (1) whether the States
                  in Region I recognize online schools as educational institutions, and if so, (2) the
                  criteria used by each State to determine whether a particular online school qualifies
                  as an educational institution.
               
               In the event that any of these States do not recognize online schooling, you asked
                  us to provide the State’s general requirements for recognizing a school as an educational
                  institution.
               
               Connecticut 
               Currently, there is no formal law or policy in Connecticut governing online schooling,
                  though the practice is recognized by the State. 1_/ It is up to each local school
                  district to decide whether to allow students enrolled in their public schools to take
                  online courses for credit. Home-schooled students may also enroll in online schools
                  as long as the instruction rendered is “equivalent” to that provided by the local
                  public schools. See Conn. Gen. Stat. § 10-184. All children in Connecticut must be instructed in the following
                  subjects: reading, writing, spelling, English grammar, geography, arithmetic, United
                  States history and citizenship, and local, state and federal government. Id. Therefore, any home-schooling program, online-course-based or otherwise, would have
                  to include instruction in these subjects. See id.
               Connecticut has established its own state-run online high school program known as
                  the CT Virtual Learning Center (“CTVLC”). Home-schooled students and students from
                  participating public and private schools may enroll in CTVLC online courses, which
                  have been approved by the Connecticut State Department of Education’s Bureau of Curriculum
                  and are taught by Connecticut certified teachers. See http://www.ctvirtuallearning.com. The State also has established the Connecticut Adult Virtual High School, which offers
                  online courses for credit to students enrolled in the State’s Adult Credit High School
                  Diploma Programs. 2_/ See http://www.ctvhs.org/.
               Another popular online school catering to Connecticut high school students is the
                  Virtual High School Global Consortium. For a list of Connecticut schools participating
                  in the Virtual High School Global Consortium, see http://www.govhs.org/Pages/AboutUs-ParticipatingSchools. The Virtual Learning Academy also provides online courses to Connecticut students
                  in grades K-12. See http://www.crec.org/tabs/district/downloads/VLA_Flier.pdf.
               Maine
               Maine recognizes online schooling as an alternative to traditional public school classroom
                  attendance and allows local school districts to enroll their students in either full-
                  or part-time online learning programs. See Me. Rev. Stat. Ann. tit. 20-A, §§ 5001-A(2)(E) and 19154. To be eligible, students
                  must reside in Maine, be under twenty-one years of age, and be enrolled in public
                  school in grades K-12.  See id. § 19154. However, there are no mandatory criteria that an online school must meet
                  in order to offer courses in Maine; local school districts are free to use any online
                  program they choose. 3_/ See id. §§ 19151-54.
               
               Nevertheless, the State recommends that local school districts use online schools
                  that have been approved by the Maine Department of Education (“Department”). To be
                  approved by the Department, an online school must demonstrate that it meets the following
                  criteria:
               
               A. It must be nonsectarian in its programs, admission policies, employment practices
                  and operations;
               
               B. Each course offered for credit must meet State academic standards;
               C. Teachers must hold valid teaching certificates in each subject area being taught
                  or receive approval from the State Commissioner of Education;
               
               D. Teachers must receive appropriate training in online schooling;
               E. The online school must verify ongoing student attendance, progress and performance
                  in each course as documented by ongoing assessments in a proctored environment and
                  provide examples of student course work;
               
               F. Administrators, teachers, and other educational staff employed by the school must
                  comply with State law requiring fingerprinting and background checks; and
               
               G. The school must comply with the State’s information technology accessibility policies
                  and standards.
               
               See Me. Rev. Stat. Ann. tit. 20-A, § 19153(2) (2009). In granting approval, the Department
                  also will consider the online school’s “demonstrated experience in the operation and
                  management of online learning programs and courses, including the number of students
                  served and proven academic success as measured by student performance and state assessment
                  results.” Id. § 19153(1). Although currently there is no list of approved online schools, the Department
                  is expected to publish such a list by June 30, 2010. See id. § 19153.
               
               Home-schooled students also are free to enroll in online programs as long as the students
                  comply with the state home-schooling law. See Me. Rev. Stat. Ann. tit. 20-A, §§ 5001-A(2)(E), 5001-A(3)(c-1). To begin a valid
                  home-schooling program, a student must file a written notice of intent with his local
                  school officials and the Department. See id. § 5001-A(3)(A)(4). 4_/ Thereafter, the student must file a letter of continuation
                  at the beginning of each subsequent year of home instruction, along with an approved
                  form of annual assessment of his academic progress.  See id. § 5001-A(3)(A)(4)(b). 5_/ Assuming the student complies with these home-schooling
                  requirements, his online coursework would be recognized as valid by the State.
               
               Massachusetts 
               There is no formal law or policy in Massachusetts governing online schooling. In practice,
                  however, it is generally treated as a form of home schooling, which is regulated at
                  the local level. See Mass. Gen. Laws ch. 76, § 1; Care & Protection of Charles, 504 N.E. 2d 592, 597 (Mass. 1987). Before a proposed home-schooling program may be
                  implemented, it must be evaluated and approved by the local school committee or superintendant
                  of the municipality where the student resides. Charles, 504 N.E. 2d at 600. 6_/
               
               Accordingly, because home-schooling programs are approved on a case by case basis
                  at the local level, there are no fixed criteria by which to measure whether a particular
                  online school qualifies as an educational institution in Massachusetts. Rather, in
                  determining whether a claimant taking online courses as part of a home-schooling program
                  is deemed to attend an educational institution under Massachusetts law, the question
                  is whether the student’s program has been approved by his local school committee.
               
               As a supplement to their curricula, some school districts (and private schools) in
                  Massachusetts allow their students to take online courses for credit, through online
                  schools such as the Virtual High School Global Consortium.  For a list of Massachusetts schools participating in the Virtual High School Global Consortium, see http://www.govhs.org/Pages/AboutUs-ParticipatingSchools.
               New Hampshire 
               New Hampshire not only recognizes online schooling, it has its own state-funded online
                  charter high school, The Virtual Learning Academy Charter School (“VLACS”). See New Hampshire Department of Education, Online School Information, http://www.ed.state.nh.us/education/doe/organization/curriculum/onlineschoolinformation.htm. New Hampshire high school students may enroll in VLACS on a full- or part-time basis.
                   See http://www.vlacs.org/. 7_/
               
               Online schooling provided by other, non-charter institutions is treated as a form
                  of home schooling. See New Hampshire Department of Education, Online School Information, http://www.ed.state.nh.us/education/doe/organization/curriculum/onlineschoolinformation.htm. In determining whether a claimant taking online courses as part of a home-schooling
                  program is deemed to attend an educational institution under New Hampshire law, the
                  question is whether the student’s program has been approved by the State Department
                  of Education, the local school district, or the principal of a local nonpublic school.
                  See N.H. Code Admin. R. Ann. Ed. 315.05.
               
               Approval is contingent upon the student filing an annual notification letter describing
                  the proposed home-schooling program. 8_/  See N.H. Rev. Stat. Ann. § 193-A:5; id.. The home- schooling program must include instruction in the following subjects: science,
                  mathematics, language, government, history, health, reading, writing, spelling, constitutional
                  history of New Hampshire and the United States, and “an exposure to and appreciation
                  of art and music.” See N.H. Rev. Stat. Ann. § 193-A:4. The student also must submit an annual educational
                  evaluation documenting his progress at a level commensurate with his age and ability.
                  See id. § 193-A:6. 9_/ Noncompliance with these requirements may result in the denial of
                  a proposed program or the termination of an existing program. See N.H. Code Admin. R. Ann. Ed. 315.05, 315.07-09.
               
               The State also permits its local school districts to offer credit for online courses
                  to its public school students if the school districts have adopted policies requiring
                  that: (1) the courses comply with all federal and state law pertaining to student
                  privacy and to public broadcasting of audio and video; (2) credit courses must meet
                  similar academic standards as required by the school for traditional courses; (3)
                  only students approved by the particular school may take such courses for credit;
                  and, (4) participating students must participate in assessments required by the statewide
                  education improvement assessment program. See N.H. Code Admin. R. Ed. 306.22. Additionally, the school districts must adopt policies
                  relative to: (1) the number of students a teacher may be required to supervise; (2)
                  monitoring of student progress, grading, and testing; (3) security of individual student
                  records; and, (4) gathering and disseminating of district-level data obtained through
                  participation in the online courses. See id. 10_/
               
               Rhode Island
               There is no formal law or policy in Rhode Island governing online schooling. In practice,
                  however, it is generally treated as a form of home schooling, which is regulated at
                  the local level.  See R.I. Gen. Laws § 16-19-1. Before a proposed home-schooling program may be implemented,
                  it must be evaluated and approved by the local school committee of the municipality
                  where the student resides. Id.  Although there are several statewide requirements 11_/ that a home-schooling program
                  must meet in order to secure approval, local school committees may also impose their
                  own additional requirements. See id. §§ 16-19-1 and 16-19-2. If a school committee denies a particular home-schooling proposal,
                  the student has the right to appeal the denial to the Rhode Island Department of Elementary
                  and Secondary Education, which may reverse or affirm the school committee’s decision.
                   See id. § 16-19-2.
               
               Accordingly, because these home-schooling programs are approved on a case by case
                  basis at the local level, there are no fixed criteria by which to measure whether
                  a particular online school qualifies as an educational institution in Rhode Island.
                  Rather, in determining whether a claimant taking online courses as part of a home-schooling
                  program is deemed to attend an educational institution under Rhode Island law, the
                  question is whether the student’s program has been approved, either initially by his
                  local school committee, or on appeal by the Rhode Island Department of Elementary
                  and Secondary Education.
               
               As a supplement to their curricula, some local school districts (and private schools)
                  in Rhode Island allow their students to earn credit by taking online courses offered
                  by online schools such as the Virtual High School Global Consortium.  For a list of Rhode Island schools participating in the Virtual High School Global Consortium, see http://www.govhs.org/Pages/AboutUs-ParticipatingSchools.
               Vermont 
               Vermont will recognize an online school as an educational institution if the State
                  Board of Education (“Board”) has designated it as an “approved independent distance
                  learning school.” See Vt. Stat. Ann. tit. 16, § 166(b)(6); 004 Vt. Code R. §§ 2231. 12_/
               
               At present there are two approved independent distance learning schools in Vermont:
                  Oak Meadow School and Liberty High School Diploma Program. See Vermont Department of Education, Directory of Vermont Approved and Recognized Independent Schools, Approved Tutorials
                     and Distance Learning Schools, Other Educational Programs, and State-Operated Facilities
                     (2009), http://education.vermont.gov/new/pdfdoc/pgm_independent/educ_independent_directory.pdf.
               Online schools that have not been approved by the Board as independent distance learning
                  schools may nevertheless offer courses to home-schooled students in Vermont. See Vt. Stat. Ann. tit. 16, §§ 166b and 1121. In determining whether a claimant taking
                  online courses as part of a home-schooling program is deemed to attend an educational
                  institution under Vermont law, the question is whether the student’s program has been
                  approved by the State Department of Education (“Department”).
               
               Before a proposed home-schooling program can be implemented, an enrollment notice
                  describing the program must be filed with and approved by the Department on an annual basis. See VT. Stat. Ann. tit. 16, § 166b. 13_/ The Department will approve the home-schooling
                  program on the basis of the enrollment notice unless it has significant doubt as to
                  whether the program will provide the student with an age- and ability-appropriate
                  “minimum course of study”, in which case it will hold a hearing before approving or
                  denying the program.  See id. §§ 166b and 906. For students 13 years of age and older, the minimum course of study
                  includes instruction in the following subject areas: reading, writing, and the use
                  of numbers; Vermont and United States citizenship, history, and government; English,
                  American, and other literature; natural sciences; and other subject areas selected
                  by the home-study program. See id. §§ 166b and 906. Absent the Department’s enrollment approval, a home-schooling program
                  is not recognized by the State of Vermont.  See id. § 166b(h).
               
               As a supplement to their curricula, some school districts (and private schools) in
                  Vermont allow their students to take online courses for credit, through online schools
                  such as the Virtual High School Global Consortium. For a list of Vermont schools participating in the Virtual High School Global Consortium,
                  see http://www.govhs.org/Pages/AboutUs-ParticipatingSchools. Beginning in Fall 2010, the Vermont Virtual Learning Cooperative will offer online courses to students enrolled in Vermont schools in grades 9-12.
                   See http://vtvlc.org/about.html.
               1_/ Legislation is pending in the Connecticut General Assembly that would establish
                  such a policy. The proposed legislation would allow local boards of education to grant
                  high school credit for online coursework if they have adopted policies meeting certain
                  criteria, including: (1) the workload required by the online course is equivalent
                  to that of the traditional classroom setting; (2) the content is rigorous and aligned
                  with curriculum guidelines approved by the State Board of Education; (3) the course
                  engages students and has interactive components, such as required interactions between
                  students and teachers, participation in online demonstrations, discussion boards,
                  or virtual labs; and, (4) the courses are taught by certified teachers who have received
                  training in online teaching or are offered by higher education institutions that are
                  regionally or Department of Higher Education accredited. See Raised Senate Bill No. 947, An Act Concerning High School Credit for Approved Online
                  Coursework and Issues Relating to Student Withdrawal from Public Schools, available
                  at http://www.cga.ct.gov/2009/FC/2009SB-00947-R001008-FC.htm.
               2_/ These programs are generally open to Connecticut residents aged 16 years or older
                  who are not enrolled public elementary or secondary school programs. See Conn. Gen. Stat. §§ 10-67 and 10-69.
               
               3_/ One frequently used online school is the Virtual High School Global Consortium.
                  For a list of Maine schools participating in the Virtual High School Global Consortium,
                  see http://www.govhs.org/Pages/AboutUs-ParticipatingSchools
               4_/ The notice of intent must contain the following information: (1) The name, signature,
                  and address of the student’s parent or guardian; (2) The name and age of the student;
                  (3) The date the home instruction program will begin; (4) A statement of assurance
                  that the instruction will be at least 175 days of length annually and will include
                  the following subject areas: English and language arts, math, science, social studies,
                  physical education, health education, library skills, fine arts, and, in at least
                  one grade level from 6-12, Maine studies. The student must also demonstrate proficiency
                  in the use of computers at some point during the 7-12 grade levels; and (5) A statement
                  assuring that the home instruction program will include an annual assessment of the
                  student’s academic progress. See Me. Rev. Stat. Ann. tit. 20-A, § 5001-A(3)(A)(4).
               
               5_/ The following are valid forms of assessment: (a) a standardized achievement test
                  administered through the administrative unit in which the student resides or through
                  other arrangements approved by the department; (b) a test developed by the local school
                  officials appropriate to the student’s home instruction program; (c) a review and
                  acceptance of the student’s progress by an identified individual who holds a current
                  Maine teacher’s certificate; (d) a review and acceptance of the student’s progress
                  based on, but not limited to, a presentation of an educational portfolio of the student
                  to a local area homeschooling support group whose membership for this purpose includes
                  a currently certified Maine teacher or administrator; or (e) a review and acceptance
                  of the student’s progress by a local advisory board selected by the local superintendent
                  that includes one administrative unit employee and two home instruction tutors. See Me. Rev. Stat. Ann. tit. 20-A, § 5001-A(3)(A)(4)(b).
               
               6_/ The school district must approve a home schooling program when it is satisfied
                  that the instruction provided is equal “in thoroughness and efficiency, and in the
                  progress made therein” to that of the local public schools. See Mass. Gen. Laws ch. 76, § 1; Charles, 504 N.E. 2d at 597. Any requirements that the local school district wishes to impose
                  on the program must be “essential to the State interest in ensuring that all the children
                  shall be educated.” Charles, 504 N.E. 2d at 600.
               
               7_/ Another New Hampshire charter school, Great Bay eLearning Charter School, offers
                  at least part of its curriculum in an online format. See http://www.gbecs.org/.
               8_/ The notification must contain the following information: (1) the student’s name,
                  address, and date of birth; (2) parental contact information; (3) the program commencement
                  date; (4) the list of subjects to be taught; (5) the name of the online school; (6)
                  an outline of the scope and instructional sequence for each subject; a list of textbooks
                  or other instructional materials used. See N.H. Rev. Stat. Ann. § 193-A:5; N.H. Admin. R. Ann. Ed. 315.04.
               
               9_/ Acceptable forms of evaluation include: (a) written evaluation completed by a
                  certified or non-public school teacher; (b) results at or above the fortieth percentile
                  on a national student achievement test; (c) results at or above the fortieth percentile
                  on a State student assessment test used by the local school district; (d) any other
                  valid measurement tool agreed upon by the student and the Department, local school
                  district, or nonpublic school principal. See N.H. Rev. Stat. Ann. § 193-A:6.
               
               10_/ One online high school used by numerous New Hampshire school districts is the
                  Virtual High School Global Consortium. For a list of New Hampshire schools participating
                  in the Virtual High School Global Consortium, see http://www.govhs.org/Pages/AboutUs-ParticipatingSchools.
               11_/ The student’s attendance must be “substantially equal” to that required of public
                  schools, which presently are required to provide 5 ½ hours of scholastic instruction
                  per day, over the course of 180 school days per year.  See R.I. Gen. Laws § 16-19-2; 010 R.I. Code R. § 010. Records of the student’s attendance
                  must be maintained. R.I. Gen. Laws § 16-19-2. The quality of the instruction must
                  be “thorough and efficient.” Id. Additionally, the following subjects must be taught in the English language to “substantially
                  the same extent” as they are taught in the public schools: reading, writing, geography,
                  arithmetic, the history of the United States, the history and government of Rhode
                  Island, the principles of American government, civics relative to Rhode Island and
                  the United States, and health and physical education. See id. §§ 16-19-2, 16-22-2, and 16-22-4; see also Rhode Island Department of Elementary and Secondary Education, Home Instruction, http://www.ride.ri.gov/Instruction/home_school.aspx.
               12_/ This opinion does not address the Board’s requirements for approval because they
                  are too numerous and intricate to provide actionable guidance. See 004 Vt. Code R. §§ 2227-2227, 2231-2234.8. It is recommended that the field office
                  simply determine whether the Board has actually designated the online school as an
                  approved independent distance learning school.
               
               13_/ The enrollment notice generally must contain the following information: (1) The
                  student’s name, age, and birth date; (2) The names, mailing addresses, town of legal
                  residence, and telephone numbers of any parents or guardians of the student; (3) A
                  progress assessment of the student’s performance in each area of the minimum course
                  of study during the previous year of home schooling (acceptable forms of progress
                  assessment include: a report in a form designated by the Department and completed
                  by a Vermont licensed teacher; a report prepared by the student’s parents or instructor
                  together with a portfolio of the student’s work that includes works samples; or the
                  complete results of a standardized achievement test approved by the Department); (4)
                  Independent professional evidence as to whether the student has a disability (for
                  students not previously home schooled or enrolled in public school in Vermont); (5)
                  Detailed description of the content of each subject area of the minimum course of
                  study; (6) Names, addresses, telephone numbers, and signatures of the course instructors;
                  and, (7) Signatures of the student’s parents or guardians who are legally authorized
                  to make educational decisions for the student (or the student’s signature if he is
                  at least 18 years of age). See VT. Stat. Ann. tit. 16, § 166b(a).