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.
AB 1426
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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.
AB 1426
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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
AB 1426
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Opposition
California Federation of Teachers
California Teachers Association
Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087