BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       AB 2007
          AUTHOR:        Grove
          AMENDED:       May 1, 2014
          FISCAL COMM:   Yes            HEARING DATE:  June 25, 2014
          URGENCY:       No             CONSULTANT:Lenin Del Castillo

           SUBJECT  :  Virtual or online charter schools.
          
           SUMMARY   

          This bill would authorize virtual or online charter schools  
          to claim average daily attendance (ADA) for pupils enrolled  
          in the school's independent study program who move outside  
          of the geographic boundaries in which the charter school is  
          authorized to operate.

           BACKGROUND  

          Under existing law, the Charter Schools Act of 1992  
          provides for the establishment of charter schools in  
          California for the purpose, among other things, to improve  
          student learning and expand learning experiences for pupils  
          who are identified as academically low achieving.  A  
          charter school may be authorized by a school district, a  
          county board of education, or the State Board of Education,  
          as specified.  Some charter schools are new while others  
          are conversions from existing schools.  Except where  
          specifically noted otherwise, California law exempts  
          charter schools from many of the statutes and regulations  
          that apply to schools and school districts.  

          A charter school that does not meet the requirements to be  
          a classroom-based instruction school is considered to be  
          nonclassroom-based and must have a funding determination  
          approved by the State Board of Education.  Classroom-based  
          instruction occurs only when pupils are under the immediate  
          supervision and control of a certificated teacher.  The  
          charter school must offer at least 80 percent of its  
          instructional time at the school site (for classroom  
          instruction) and attendance must be required at the school  
          site for at least 80 percent of the minimum instructional  






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          time required to be offered.  Charter schools can only  
          claim ADA for pupils who are residents of the county in  
          which the charter school is authorized, or who are  
          residents of a county immediately adjacent to that county.   


          Existing law defines a virtual or online charter school as  
          one in which at least 80 percent of teaching and student  
          interaction occurs via the Internet.  In order for a  
          virtual or online charter school to be funded, it must  
          demonstrate the following:

          1)The school has met its overall and subgroup Academic  
            Performance Index growth targets;

          2)Instructional expenditures are at least 85 percent of the  
            overall school budget and at least 25 percent is spent on  
            technology that directly benefits students and teachers  
            and results in improved student achievement;

          3)Computer-based instruction and assessment is provided to  
            each pupil and includes the use of an online  
            instructional management program, as specified;

          4)Teachers are provided with specified technology tools and  
            print media;

          5)All pupils are provided an individualized learning plan  
            that is based on initial testing and that is monitored  
            either remotely or in person by the teacher to evaluate  
            pupil progress;

          6)All pupils are provided access to a computer, Internet  
            service, printer, monitor, and standards-aligned  
            materials;

          7)All pupils eligible for special education supports and  
            services receive those supports and services in  
            accordance with their individualized education plan; and

          8)Charter school admission practices will not favor high  
            performing pupils or recruit a pupil population that is  
            of a higher socioeconomic group or lower racial or ethnic  
            representation than the general population of the county  







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            or counties served.

           ANALYSIS  

          This bill:

             1)   Authorizes virtual or online charter schools to  
               claim average daily attendance (ADA) for pupils  
               enrolled in the school's independent study program who  
               move to a residence located outside of the geographic  
               boundaries in which the charter school is authorized  
               to operate.

             2)   Provides that the virtual or online charter school  
               would be limited to claiming ADA for only the duration  
               of the course or courses the student is enrolled in  
               within the school year in which the student moves  
               outside of the geographic boundaries of the charter  
               school.

             3)   Defines a virtual or online charter school as a  
               charter school in which at least 80 percent of  
               teaching and pupil interaction occurs via the  
               Internet.

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author's office,  
               "approximately 43 percent of virtual schools identify  
               special education or at-risk children and youth as  
               their target student populations.  These include  
               students in the juvenile justice system and students  
               who are at risk of dropping out."  Additionally, the  
               author's office indicates that virtual charter schools  
               are an increasingly popular option among  
               non-traditional students, including athletes, actors,  
               and high-mobility students, such as children from  
               military families.  By allowing students that are  
               enrolled in a virtual charter school to remain in that  
               school if they are forced to move to another county in  
               the state, the bill will allow a child to have  
               continuity and continue to thrive in the school where  
               they are already a student.  








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           2)   Hinders the ability to provide oversight or student  
               services  ?  Schools are primarily funded on the basis  
               of average daily attendance (ADA) which is also  
               referred to as "seat time."  It serves as the proxy  
               for the funds needed for teachers, administrators, and  
               other school employees to provide instruction,  
               instructional support, ancillary services, etc.   
               Currently, a virtual or online charter school is  
               prohibited from receiving ADA for the instruction of  
               pupils who do not reside in the county where the  
               charter school is chartered or in a county adjacent to  
               that in which it is authorized.  By allowing a charter  
               school to receive ADA for students that have moved to  
               a different county, albeit on a limited basis, this  
               bill not only raises potential oversight difficulties  
               for the charter authorizer, but also raises questions  
               regarding the school's ability to provide  
               instructional services for its students.  Instruction  
               for virtual charter schools may not necessarily take  
               place via the Internet 100 percent of the time.   
               Students may still meet face-to-face with their  
               teachers or other instructional staff in a classroom  
               setting for testing purposes and to receive tutoring  
               and counseling services.  This would be difficult to  
               do if a student were to live in a county across the  
               state as the bill would allow.  Further, if a special  
               education student's Individualized Education Plan  
               includes certain requirements, such as accommodations  
               or modifications when taking an assessment, it is  
               unclear how this would be possible if the student  
               lived potentially 500 miles or even 200 miles away. 

               One could argue that this bill could minimize the need  
               for a student to change schools when he or she moves  
               and ensure the continuity of the student's education,  
               particularly for students that would enroll in a  
               traditional brick and mortar school.  This could help  
               avoid potential social issues that may arise such as  
               difficulties with developing new peer relationships  
               and behavioral problems.

           3)   Related legislation  .  AB 377 (Grove) from 2013 would  
               have authorized a virtual or online charter school to  
               claim independent study ADA for pupils who are  







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               residents of any other county in the state.  This bill  
               failed passage in the Assembly Education Committee. 

           SUPPORT
           
          K-12, Inc.

           OPPOSITION

           None on file.