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