(a) To be approved as a course provider pursuant to this chapter, a provider shall:

(1) Follow the approval process of the department as established under § 49-18-104(a). No provider applicant shall act as a course provider until approved by the state board. All decisions of the state board concerning approval of provider applicants shall be final and not subject to appeal; however, a provider applicant that has been denied approval may submit a new application according to the department's approval process for the school year following the school year for which the application was denied;

(2) Be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, sex, creed, color, national origin, religion, ancestry, or need for special education services;

(3) Comply with all applicable state and federal student data privacy provisions, including, but not limited to, the Data Accessibility Transparency and Accountability Act, compiled in chapter 1, part 7 of this title; § 10-7-504; and the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g);

(4) Provide an assurance that all online information and resources for online or blended learning courses are fully accessible for students of all abilities, including that:

(A) All courses submitted for approval are reviewed to ensure the courses meet legal accessibility standards;

(B) The provider has created and promulgated an accessibility online learning policy;

(C) The provider has an Americans with Disabilities Act (ADA) Section 504 coordinator, a grievance policy, and annual notifications;

(D) The provider has policies and activities to ensure its organizational and course websites meet accessibility requirements; and

(E) The provider has no examination or test where a specific score is required to participate in course access program courses beyond completion of prerequisite coursework or demonstrated mastery of prerequisite material;

(5) Demonstrate financial viability;

(6) Provide an assurance that the provider will electronically provide, in compliance with guidelines set by the department, a detailed student record of enrollment, performance, course completion, and course grading information to the participating student's home LEA;

(7) Comply with applicable virtual learning requirements established in chapter 16 of this title, if offering virtual learning courses;

(8) Comply with class size requirements established in § 49-1-104 and instructional and planning time requirements established by the state board; and

(9) Ensure each teacher of a course access program course is licensed to teach in this state and meets the qualifications to teach in compliance with the rules of the state board.

(b) The state board or department may exclude a course provider at any time if the state board or department finds that a provider has failed to comply with this chapter, the rules of the state board, or the procedures of the department.