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 AB 2007 Page 2 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 AB 2007 Page 3 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. AB 2007 Page 4 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 AB 2007 Page 5 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.