California Legislature—2013–14 Regular Session

Assembly BillNo. 342


Introduced by Assembly Member Blumenfield

February 13, 2013


An act to amend Section 51745.6 of the Education Code, relating to independent study.

LEGISLATIVE COUNSEL’S DIGEST

AB 342, as introduced, Blumenfield. Independent study: pupil to certificated employee ratio.

Existing law authorizes the governing board of a school district or a county office of education to offer independent study and requires the ratio of average daily attendance for independent study pupils 18 years of age or less to full-time equivalent certificated employees responsible for independent study to not exceed a specified ratio.

This bill would authorize a school district or a county office of education to collectively bargain for a higher ratio of average daily attendance for independent study pupils 18 years of age or less to full-time equivalent certificated employees responsible for independent study.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 51745.6 of the Education Code is
2amended to read:

3

51745.6.  

(a) The ratio of average daily attendance for
4independent study pupils 18 years of age or less to school district
P2    1full-time equivalent certificated employees responsible for
2independent study, calculated as specified by thebegin delete State Department
3of Education,end delete
begin insert department,end insert shall not exceed the equivalent ratio of
4pupils to full-time certificated employees for all other educational
5programs operated by the school districtbegin insert, unless a different ratio
6is collectively bargainedend insert
. The ratio of average daily attendance
7for independent study pupils 18 years of age or less to county office
8of education full-time equivalent certificated employees responsible
9for independent study, to be calculated in a manner prescribed by
10thebegin delete State Department of Education,end deletebegin insert department,end insert shall not exceed
11the equivalent ratio of pupils to full-time certificated employees
12for all other educational programs operated by the high school or
13unified school district with the largest average daily attendance of
14pupils in that countybegin insert, unless a different ratio is collectively
15bargainedend insert
. The computation of those ratios shall be performed
16annually by the reporting agency at the time of, and in connection
17with, the second principal apportionment report to the
18Superintendentbegin delete of Public Instructionend delete.

19(b) Only those units of average daily attendance for independent
20study that reflect a pupil-teacher ratio that does not exceed the
21ratio described in subdivision (a) shall be eligible for apportionment
22pursuant to Section 42238.5, for school districts, and Section 2558,
23for county offices of education.begin delete Nothing in thisend deletebegin insert Thisend insert section shall
24begin insert notend insert prevent a school district or county office of education from
25serving additional units of average daily attendance greater than
26the ratio described in subdivision (a), except that those additional
27units shall not be funded pursuant to Section 42238.5 or Section
282558.

29(c) The calculations performed for purposes of this section shall
30not include either of the following:

31(1) The average daily attendance generated by special education
32pupils enrolled in special day classes on a full-time basis, or the
33teachers of those classes.

34(2) The average daily attendance or teachers in necessary small
35schools that are eligible to receive funding pursuant to Article 4
36(commencing with Section 42280) of Chapter 7 of Part 24begin insert of
37Division 3end insert
.

38(d) The pupil-teacher ratio described in subdivision (a) in a
39unified school district participating in the class size reduction
40program pursuant to Chapter 6.10 (commencing with Section
P3    152120) may, at the school district’s option, be calculated separately
2for kindergarten and grades 1 to 6, inclusive, and for grades 7 to
312, inclusive.

4(e) The pupils-to-certificated-employee ratio described in
5subdivision (a) may, in a charter school, be calculated by using a
6fixed pupils-to-certificated-employee ratio of 25 to one, or by being
7a ratio of less than 25 pupils per certificated employee. All charter
8school pupils, regardless of age, shall be included in
9pupil-to-certificated-employee ratio calculations.



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