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.


          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.









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          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.









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          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












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          Opposition


          California Federation of Teachers


          California Teachers Association




          Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087