BILL ANALYSIS Ó
AB 1426
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 1426
(Levine) - As Introduced February 27, 2015
SUBJECT: Charter schools: classroom-based instruction
SUMMARY: Reduces, for specified charter schools, the amount of
classroom-based instruction that must be offered and
classroom-based attendance that must occur in order to receive
full attendance-based funding. Specifically, this bill:
1)Provides that a charter school can receive full average daily
attendance (ADA) classroom-based instruction apportionments if
it offers at least 60% of the minimum classroom-based
instructional time otherwise required and requires pupil
attendance for at least 60% of the minimum classroom-based
instructional time otherwise required, provided the charter
school meets both of the following conditions:
a) The charter school only operates a single schoolsite
within the geographic jurisdiction of the authority that
granted its charter; and
b) The charter school has no more than one satellite
facility located in a county adjacent to that in which the
charter school is authorized.
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2)Makes other nonsubstantive changes to existing law.
EXISTING LAW:
1)Requires charter schools to offer, at a minimum, the following
number of minutes of instruction each fiscal year:
a) 36,000 minutes in kindergarten;
b) 50,400 minutes in grades 1 to 3, inclusive;
c) 54,000 minutes in grades 4 to 8, inclusive; and
d) 64,800 minutes in grades 9 to 12, inclusive.
2)Provides that "classroom-based instruction" in a charter
school occurs only when charter school pupils are engaged in
educational activities required of those pupils and are under
the immediate supervision and control of an employee of the
charter school who possesses a valid teaching certification.
3)Authorizes a charter school to a receive full classroom-based
instruction apportionment if it offers at least 80% of the
minimum instructional time and requires the attendance for all
pupils for whom a classroom-based apportionment is claimed at
the schoolsite for at least 80% of the minimum instruction
time required.
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4)Authorizes schools to offer nonclassroom-based instruction,
which includes, but is not limited to, independent study, home
study, work study, and distance and computer-based education.
5)Provides that nonclassroom-based instruction shall be funded
at 70% of the rate for classroom-based instruction.
FISCAL EFFECT: Unknown
COMMENTS: This bill reduces from 80% to 60% the percentage of
classroom-based instruction that must be offered and
classroom-based attendance that must occur in order to receive a
full apportionment based on 100% of minimally-required minutes
and 100% of average daily attendance (ADA). The 60% option
would be provided only to charter schools that offer a blended
learning program, that operate a single schoolsite within the
jurisdiction of the authority that granted the charter, and that
has no more than one satellite facility in an adjacent county.
The 80% provision in existing law was established by SB 740
(O'Connell, Chapter 892, Statutes of 2001). None of the
committee analyses for SB 740 explain the rationale for the
provision, which applies only to charter schools and not to
non-charter schools, and is not restricted to blended learning.
The primary purpose of SB 740 was to limit funding for
independent study (IS) programs offered by charter schools.
Those IS programs are funded at 70% of the rate for
classroom-based instruction. EdVoice, which was the sponsor of
SB 740, was quoted in the Assembly Appropriations Committee
analysis as arguing that "These reforms [to limit funding for
charter school operated independent study programs] are
justified given that the independent study programs are
generally less expensive to operate than traditional 'brick and
mortar' schools, and that there have been a number of documented
abuses where independent study charters are misusing much of
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their state funding." This bill expands the amount of
independent study that specified charter schools can offer and
still retain 100% of classroom-based funding.
Blended learning. Blended learning combines classroom-based
instruction with independent study outside of the classroom. It
currently is offered by both charter schools and non-charter
schools throughout the state. Blended learning students in
non-charter schools must attend classroom-based instruction for
the full minimum day in order to generate a full apportionment
ADA. In other words in non-charter schools, the IS portion
supplements, rather than supplants, classroom-based instruction.
By contrast, charter schools have the option of reducing
classroom-based instruction to 80% of the minutes otherwise
required and still receive a full apportionment ADA, so the
independent study portion of blended learning can supplant,
rather than supplement, classroom instruction. The 80% option
is available to charter schools whether or not they offer
blended instruction.
Reduces classroom instruction, but not funding. This bill makes
the 60% option available to specified charter schools that offer
blended learning. In other words, students could attend class
60% time and still generate 100% of the funding. The other 40%
time would be engaged in some form of independent study,
which-as noted by EdVoice-is less expensive to provide.
According to information provided by the author's office, this
change is necessary, because existing law is "arbitrary and
artificially constraining when applied to blended learning
charter schools," and forces charter schools "to severely
curtail their blended learning innovation." In fact, existing
law is already less constraining for charter schools than for
non-charter schools.
In order to meet the statutory definition of "classroom-based
instruction," the pupil must be under the immediate supervision
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and control of an employee of the charter school who possesses a
valid teaching certification. Accordingly, a consequence of
this bill is to exempt 40% of total instruction from this
requirement, so that instruction need not be under the direct
supervision and control of a certificated teacher. Instead, it
may be provided by an instructional aide or a computer program.
This can significantly reduce the total cost of instruction.
The committee may wish to consider why independent study should
be funded at a higher rate if it is part of a blended learning
program than if it is completely independent study.
Reasons for the restrictions. This bill limits the 60%
threshold option to only charter schools that operate a single
schoolsite within the geographic jurisdiction of the granting
authority and has no more than one satellite facility in an
adjacent county. According to information from the author's
office, this limitation is "to distinguish between blended
learning and non-classroom-based schools." However, the
limitation in the bill is based on the number of charter schools
with a geographic area and not on the type of program offered.
The author's office also indicates that the adjacent county
provision is included at the request of a single school,
although other schools may qualify under this provision. The
school that requested the adjacent county provision is Classical
Academy in San Diego County, which, according to its website,
currently does not offer a blended learning program. Instead,
it offers independent study, a virtual school, and home
schooling.
Arguments in support. Supporters argue that the law "forces
blended learning charter public schools to severely curtail
their innovation" because they are "restricted by the 80% direct
in-class instruction threshold." This bill will ensure that the
80% threshold will not "stand in the way of schools employing a
blended learning model."
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Arguments in opposition. Opponents argue that, while a "high
quality charter school using a blended model of instruction has
the potential to be a valuable alternative for certain targeted
students," this approach too often is "neither targeted nor high
qualify." The 80% threshold is a "safeguard" to ensure a
minimum level of classroom-based instruction in a blended
learning program. Charter schools already have the option of
going below the 80% threshold and getting nonclassroom-based
funding.
REGISTERED SUPPORT / OPPOSITION:
Support
California Charter Schools Association Advocates
EdVoice
Students First
Opposition
California Federation of Teachers
California Teachers Association
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Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087