(a) To become an approved digital learning provider, a digital learning provider shall submit proof that the provider:

(1) Is nonsectarian and nondiscriminatory in its programs, employment practices, and operations;

(2) Demonstrates or partners with an organization that demonstrates successful experience in furnishing digital learning courses to public school students as demonstrated by student growth in each subject area and grade level for which it proposes to provide digital learning courses;

(3) Meets or exceeds the minimum curriculum standards and requirements established by the State Board of Education and ensures instructional and curricular quality through a curriculum and accountability plan that addresses every subject area and grade level for which it agrees to provide digital learning courses; and

(4)

(A) Utilizes qualified teachers to deliver digital learning courses to public school students.

(B) A qualified teacher who delivers digital learning courses under this subchapter is not required to be licensed as a teacher or administrator by the state board, but shall meet the minimum qualifications for teaching in a core content area established by rules of the state board.

(b) The Department of Education or state board shall not require as a condition of approval of a digital learning provider that the digital learning provider limit the delivery of digital learning courses to public schools that require physical attendance at the public school to successfully complete the credit for which the digital learning course is provided.