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).