BILL ANALYSIS Ó AB 1426 Page 1 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. AB 1426 Page 2 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. AB 1426 Page 3 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 AB 1426 Page 4 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 AB 1426 Page 5 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." AB 1426 Page 6 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 AB 1426 Page 7 Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087