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. 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. 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. AB 1426 Page 4 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 is less expensive to provide. Under existing law, nonclassroom-based charter schools that offer independent study must seek a determination of funding from the State Board of Education. In making its determination, the SBE is required to consider the amount of the school's total budget spent on certifications employees' salaries and benefits and on schoolsites, and the teacher-to-pupil ratio in the school. Committee amendments. Under this bill, up to 40% of total instruction in a blended learning program may be offered via independent study. Existing law already provides for a methodology for determining the appropriate level of funding for independent study programs. Staff recommends the bill be amended to strike its current contents and instead: Provide that the independent study portion of a blended learning program shall be subject to the existing funding determination process for independent study, for specified charter schools that offer no less than 60% and no more than 80% of the minimum required minutes of instruction as a classroom-based program; Require the SBE to adopt criteria for the determination of funding for blended learning charter schools that include facilities costs; and Provide that a blended learning charter school shall be deemed a classroom-based school for purposes of eligibility for specified facilities funding. AB 1426 Page 5 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." 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 AB 1426 Page 6 Opposition California Federation of Teachers California Teachers Association Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087