BILL NUMBER: AB 1907 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2010
AMENDED IN ASSEMBLY MARCH 16, 2010
INTRODUCED BY Assembly Member Cook
FEBRUARY 16, 2010
An act to amend Section 47612.5 of the Education Code,
relating to An act to add and repeal Section 47612.8
of the Education Code, relating to charter schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 1907, as amended, Cook. Charter schools: instruction.
Existing law defines nonclassroom-based instruction to include,
but not to be limited to, independent study, home study, work study,
and distance and computer-based education. Existing law requires a
charter school that provides independent study to comply with
specified provisions relating to independent study.
This bill would specify that a charter school offering real-time
synchronized nonclassroom-based instruction is not required , as
a condition of funding, to comply with specified provisions
relating to independent study except to the extent that the
charter school provides independent study if the
charter school satisfies certain requirements relating to
the manner in which the real-time synchronized nonclassroom-based
instruction is provided .
This bill would make these provisions inoperative on July 1, 2016,
and would repeal it as of January 1, 2017.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
AB 1907, as amended, Cook. Charter schools: instruction.
Existing law defines nonclassroom-based instruction to include,
but not to be limited to, independent study, home study, work study,
and distance and computer-based education. Existing law requires a
charter school that provides independent study to comply with
specified provisions relating to independent study.
This bill would specify that a charter school offering real-time
synchronized nonclassroom-based instruction is not required , as
a condition of funding, to comply with specified provisions
relating to independent study except to the extent that the
charter school provides independent study if the
charter school satisfies certain requirements relating to
the manner in which the real-time synchronized nonclassroom-based
instruction is provided .
This bill would make these provisions inoperative on July 1, 2016,
and would repeal it as of January 1, 2017.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 47612.8 is added to the
Education Code , to read:
47612.8. (a) Commencing with the 2011-12 fiscal year, nothing in
Section 47612.5 or any other provision of law shall be interpreted to
require, as a condition of funding, a charter school offering
real-time synchronized nonclassroom-based instruction to comply with
Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28
and any implementing regulations adopted thereunder, if it satisfies
all of the following:
(1) All online instruction is synchronous, delivered in real time.
(2) All teachers providing instruction are highly qualified,
holding the appropriate subject matter credential in the courses they
teach.
(3) The ratio of full-time equivalent certificated teachers
teaching through online instruction to pupils engaged in that
instruction is substantially equivalent to the ratio of teachers to
pupils in traditional in-classroom study of the same subject matter.
(4) The subject matter content is the same for the online course
as for the corresponding traditional in-classroom course approved by
the chartering authority.
(5) All pupils are required to attend classes during normal school
hours and to log in to classes according to a bell schedule provided
by the charter school.
(6) Regular pupil attendance is required and documented consistent
with the charter school's policies. Teachers use technology and
other means to ensure that pupils are attending the online classroom
environment throughout the period of instruction by means such as
live audio discussion, real-time text messaging, or web-video
cameras.
(7) Average daily attendance is calculated, maintained, and
reported for each period based on actual pupil attendance and
participation in the online classroom environment.
(8) All pupils voluntarily elect to participate in the online
course. The parent or guardian of the pupil shall provide written
consent before the pupil may participate in an online course.
(9) Charter school pupils are engaged in educational activities
required of those pupils.
(10) The charter school is accredited by the Western Association
of Schools and Colleges (WASC).
(11) The charter school develops and implements policies
addressing all of the following factors:
(A) Test integrity.
(B) Evaluation of the online courses, including a comparison to
traditional in-classroom courses.
(C) A procedure for obtaining informed consent from both the
parent and pupil regarding course enrollment.
(D) The teacher selection process.
(E) Criteria regarding pupil priority for online courses.
(F) Equity and access in terms of hardware or computer
laboratories.
(G) Teacher training for online teaching.
(H) Teacher evaluation procedures.
(I) Protocols for verifying actual attendance and participation by
pupils engaged in synchronous learning.
(J) Pupil computer skills necessary to take an online course.
(K) The provision of onsite support for online pupils.
(12) The charter school maintains records verifying the time that
a pupil spends online in assigned classes, and the time the teacher
spends online providing instruction.
(13) The charter school requires all pupils for whom average daily
attendance apportionment is claimed to be enrolled in the charter
school for at least 80 percent of the minimum instructional time
required to be offered pursuant to paragraph (1) of subdivision (a)
of Section 47612.5.
(b) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SECTION 1. Section 47612.5 of the Education
Code is amended to read:
47612.5. (a) Notwithstanding any other provision of law and as a
condition of apportionment, a charter school shall do all of the
following:
(1) For each fiscal year, offer, at a minimum, the following
number of minutes of instruction:
(A) To pupils in kindergarten, 36,000 minutes.
(B) To pupils in grades 1 to 3, inclusive, 50,400 minutes.
(C) To pupils in grades 4 to 8, inclusive, 54,000 minutes.
(D) To pupils in grades 9 to 12, inclusive, 64,800 minutes.
(2) Maintain written contemporaneous records that document all
pupil attendance and make these records available for audit and
inspection.
(3) Certify that its pupils have participated in the state testing
programs specified in Chapter 5 (commencing with Section 60600) of
Part 33 in the same manner as other pupils attending public schools
as a condition of apportionment of state funding.
(b) (1) Notwithstanding any other provision of law and except to
the extent inconsistent with this section and Section 47634.2, a
charter school that provides independent study shall comply with
Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28
and implementing regulations adopted thereunder. The state board
shall adopt regulations that apply this article to charter schools.
To the extent that these regulations concern the qualifications of
instructional personnel, the state board shall be guided by
subdivision ( l ) of Section 47605.
(2) Commencing with the 2005-06 fiscal year, nothing in this
subdivision or in any other provision of law shall be interpreted to
require a charter school offering real-time synchronized
nonclassroom-based instruction to comply with Article 5.5 (commencing
with Section 51745) of Chapter 5 of Part 28 and implementing
regulations adopted thereunder, except to the extent that the charter
school provides independent study.
(c) A reduction in apportionment made pursuant to subdivision (a)
shall be proportional to the magnitude of the exception that causes
the reduction. For purposes of paragraph (1) of subdivision (a), for
each charter school that fails to offer pupils the minimum number of
minutes of instruction specified in that paragraph, the
Superintendent shall withhold from the charter school's apportionment
for average daily attendance of the affected pupils, by grade level,
the sum of that apportionment multiplied by the percentage of the
minimum number of minutes of instruction at each grade level that the
charter school failed to offer.
(d) (1) Notwithstanding any other provision of law and except as
provided in paragraph (1) of subdivision (e), a charter school that
has an approved charter may receive funding for nonclassroom-based
instruction only if a determination for funding is made pursuant to
Section 47634.2 by the state board. The determination for funding
shall be subject to any conditions or limitations the state board may
prescribe. The state board shall adopt regulations on or before
February 1, 2002, that define and establish general rules governing
nonclassroom-based instruction that apply to all charter schools and
to the process for determining funding of nonclassroom-based
instruction by charter schools offering nonclassroom-based
instruction other than the nonclassroom-based instruction allowed by
paragraph (1) of subdivision (e). Nonclassroom-based instruction
includes, but is not limited to, independent study, home study, work
study, and distance and computer-based education. In prescribing any
conditions or limitations relating to the qualifications of
instructional personnel, the state board shall be guided by
subdivision (l) of Section 47605.
(2) Except as provided in paragraph (2) of subdivision (b) of
Section 47634.2, a charter school that receives a determination
pursuant to subdivision (b) of Section 47634.2 is not required to
reapply annually for a funding determination of its
nonclassroom-based instruction program if an update of the
information the state board reviewed when initially determining
funding would not require material revision, as that term is defined
in regulations adopted by the board. A charter school that has
achieved a rank of 6 or greater on the Academic Performance Index for
the two years immediately prior to receiving a funding determination
pursuant to subdivision (b) of Section 47634.2 shall receive a
five-year determination and is not required to annually reapply for a
funding determination of its nonclassroom-based instruction program
if an update of the information the state board reviewed when
initially determining funding would not require material revision, as
that term is defined in regulations adopted by the board.
Notwithstanding any provision of law, the state board may require a
charter school to provide updated information at any time it
determines that a review of that information is necessary. The state
board may terminate a determination for funding if updated or
additional information requested by the board is not made available
to the board by the charter school within a reasonable amount of time
or if the information otherwise supports termination. A
determination for funding pursuant to Section 47634.2 may not exceed
five years.
(3) A charter school that offers nonclassroom-based instruction in
excess of the amount authorized by paragraph (1) of subdivision (e)
is subject to the determination for funding requirement of Section
47634.2 to receive funding each time its charter is renewed or
materially revised pursuant to Section 47607. A charter school that
materially revises its charter to offer nonclassroom-based
instruction in excess of the amount authorized by paragraph (1) of
subdivision (e) is subject to the determination for funding
requirement of Section 47634.2.
(e) (1) Notwithstanding any other provision of law, and as a
condition of apportionment, "classroom-based instruction" in a
charter school, for the purposes of this part, 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 in accordance with subdivision ( l ) of
Section 47605. For purposes of calculating average daily attendance
for classroom-based instruction apportionments, at least 80 percent
of the instructional time offered by the charter school shall be at
the schoolsite, and the charter school shall require the attendance
of all pupils for whom a classroom-based apportionment is claimed at
the schoolsite for at least 80 percent of the minimum instructional
time required to be offered pursuant to paragraph (1) of subdivision
(a) of Section 47612.5.
(2) For the purposes of this part, "nonclassroom instruction" or
"nonclassroom-based instruction" means instruction that does not meet
the requirements specified in paragraph (1). The state board may
adopt regulations pursuant to paragraph (1) of subdivision (d)
specifying other conditions or limitations on what constitutes
nonclassroom-based instruction, as it deems appropriate and
consistent with this part.
(3) For purposes of this part, a schoolsite is a facility that is
used principally for classroom instruction.
(4) Notwithstanding any other provision of law, neither the state
board, nor the Superintendent may waive the requirements of paragraph
(1) of subdivision (a).
SECTION 1. Section 47612.8 is added to the
Education Code , to read:
47612.8. (a) Commencing with the 2011-12 fiscal year, nothing in
Section 47612.5 or any other provision of law shall be interpreted to
require, as a condition of funding, a charter school offering
real-time synchronized nonclassroom-based instruction to comply with
Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28
and any implementing regulations adopted thereunder, if it satisfies
all of the following:
(1) All online instruction is synchronous, delivered in real time.
(2) All teachers providing instruction are highly qualified,
holding the appropriate subject matter credential in the courses they
teach.
(3) The ratio of full-time equivalent certificated teachers
teaching through online instruction to pupils engaged in that
instruction is substantially equivalent to the ratio of teachers to
pupils in traditional in-classroom study of the same subject matter.
(4) The subject matter content is the same for the online course
as for the corresponding traditional in-classroom course approved by
the chartering authority.
(5) All pupils are required to attend classes during normal school
hours and to log in to classes according to a bell schedule provided
by the charter school.
(6) Regular pupil attendance is required and documented consistent
with the charter school's policies. Teachers use technology and
other means to ensure that pupils are attending the online classroom
environment throughout the period of instruction by means such as
live audio discussion, real-time text messaging, or web-video
cameras.
(7) Average daily attendance is calculated, maintained, and
reported for each period based on actual pupil attendance and
participation in the online classroom environment.
(8) All pupils voluntarily elect to participate in the online
course. The parent or guardian of the pupil shall provide written
consent before the pupil may participate in an online course.
(9) Charter school pupils are engaged in educational activities
required of those pupils.
(10) The charter school is accredited by the Western Association
of Schools and Colleges (WASC).
(11) The charter school develops and implements policies
addressing all of the following factors:
(A) Test integrity.
(B) Evaluation of the online courses, including a comparison to
traditional in-classroom courses.
(C) A procedure for obtaining informed consent from both the
parent and pupil regarding course enrollment.
(D) The teacher selection process.
(E) Criteria regarding pupil priority for online courses.
(F) Equity and access in terms of hardware or computer
laboratories.
(G) Teacher training for online teaching.
(H) Teacher evaluation procedures.
(I) Protocols for verifying actual attendance and participation by
pupils engaged in synchronous learning.
(J) Pupil computer skills necessary to take an online course.
(K) The provision of onsite support for online pupils.
(12) The charter school maintains records verifying the time that
a pupil spends online in assigned classes, and the time the teacher
spends online providing instruction.
(13) The charter school requires all pupils for whom average daily
attendance apportionment is claimed to be enrolled in the charter
school for at least 80 percent of the minimum instructional time
required to be offered pursuant to paragraph (1) of subdivision (a)
of Section 47612.5.
(b) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SECTION 1. Section 47612.5 of the Education
Code is amended to read:
47612.5. (a) Notwithstanding any other provision of law and as a
condition of apportionment, a charter school shall do all of the
following:
(1) For each fiscal year, offer, at a minimum, the following
number of minutes of instruction:
(A) To pupils in kindergarten, 36,000 minutes.
(B) To pupils in grades 1 to 3, inclusive, 50,400 minutes.
(C) To pupils in grades 4 to 8, inclusive, 54,000 minutes.
(D) To pupils in grades 9 to 12, inclusive, 64,800 minutes.
(2) Maintain written contemporaneous records that document all
pupil attendance and make these records available for audit and
inspection.
(3) Certify that its pupils have participated in the state testing
programs specified in Chapter 5 (commencing with Section 60600) of
Part 33 in the same manner as other pupils attending public schools
as a condition of apportionment of state funding.
(b) (1) Notwithstanding any other provision of law and except to
the extent inconsistent with this section and Section 47634.2, a
charter school that provides independent study shall comply with
Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28
and implementing regulations adopted thereunder. The state board
shall adopt regulations that apply this article to charter schools.
To the extent that these regulations concern the qualifications of
instructional personnel, the state board shall be guided by
subdivision (l) of Section 47605.
(2) Commencing with the 2005-06 fiscal year, nothing in this
subdivision or in any other provision of law shall be interpreted to
require a charter school offering real-time synchronized
nonclassroom-based instruction to comply with Article 5.5 (commencing
with Section 51745) of Chapter 5 of Part 28 and implementing
regulations adopted thereunder, except to the extent that the charter
school provides independent study.
(c) A reduction in apportionment made pursuant to subdivision (a)
shall be proportional to the magnitude of the exception that causes
the reduction. For purposes of paragraph (1) of subdivision (a), for
each charter school that fails to offer pupils the minimum number of
minutes of instruction specified in that paragraph, the
Superintendent shall withhold from the charter school's apportionment
for average daily attendance of the affected pupils, by grade level,
the sum of that apportionment multiplied by the percentage of the
minimum number of minutes of instruction at each grade level that the
charter school failed to offer.
(d) (1) Notwithstanding any other provision of law and except as
provided in paragraph (1) of subdivision (e), a charter school that
has an approved charter may receive funding for nonclassroom-based
instruction only if a determination for funding is made pursuant to
Section 47634.2 by the state board. The determination for funding
shall be subject to any conditions or limitations the state board may
prescribe. The state board shall adopt regulations on or before
February 1, 2002, that define and establish general rules governing
nonclassroom-based instruction that apply to all charter schools and
to the process for determining funding of nonclassroom-based
instruction by charter schools offering nonclassroom-based
instruction other than the nonclassroom-based instruction allowed by
paragraph (1) of subdivision (e). Nonclassroom-based instruction
includes, but is not limited to, independent study, home study, work
study, and distance and computer-based education. In prescribing any
conditions or limitations relating to the qualifications of
instructional personnel, the state board shall be guided by
subdivision (l) of Section 47605.
(2) Except as provided in paragraph (2) of subdivision (b) of
Section 47634.2, a charter school that receives a determination
pursuant to subdivision (b) of Section 47634.2 is not required to
reapply annually for a funding determination of its
nonclassroom-based instruction program if an update of the
information the state board reviewed when initially determining
funding would not require material revision, as that term is defined
in regulations adopted by the board. A charter school that has
achieved a rank of 6 or greater on the Academic Performance Index for
the two years immediately prior to receiving a funding determination
pursuant to subdivision (b) of Section 47634.2 shall receive a
five-year determination and is not required to annually reapply for a
funding determination of its nonclassroom-based instruction program
if an update of the information the state board reviewed when
initially determining funding would not require material revision, as
that term is defined in regulations adopted by the board.
Notwithstanding any provision of law, the state board may require a
charter school to provide updated information at any time it
determines that a review of that information is necessary. The state
board may terminate a determination for funding if updated or
additional information requested by the board is not made available
to the board by the charter school within a reasonable amount of time
or if the information otherwise supports termination. A
determination for funding pursuant to Section 47634.2 may not exceed
five years.
(3) A charter school that offers nonclassroom-based instruction in
excess of the amount authorized by paragraph (1) of subdivision (e)
is subject to the determination for funding requirement of Section
47634.2 to receive funding each time its charter is renewed or
materially revised pursuant to Section 47607. A charter school that
materially revises its charter to offer nonclassroom-based
instruction in excess of the amount authorized by paragraph (1) of
subdivision (e) is subject to the determination for funding
requirement of Section 47634.2.
(e) (1) Notwithstanding any other provision of law, and as a
condition of apportionment, "classroom-based instruction" in a
charter school, for the purposes of this part, 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 in accordance with subdivision (l) of Section 47605.
For purposes of calculating average daily attendance for
classroom-based instruction apportionments, at least 80 percent of
the instructional time offered by the charter school shall be at the
schoolsite, and the charter school shall require the attendance of
all pupils for whom a classroom-based apportionment is claimed at the
schoolsite for at least 80 percent of the minimum instructional time
required to be offered pursuant to paragraph (1) of subdivision (a)
of Section 47612.5.
(2) For the purposes of this part, "nonclassroom instruction" or
"nonclassroom-based instruction" means instruction that does not meet
the requirements specified in paragraph (1). The state board may
adopt regulations pursuant to paragraph (1) of subdivision (d)
specifying other conditions or limitations on what constitutes
nonclassroom-based instruction, as it deems appropriate and
consistent with this part.
(3) For purposes of this part, a schoolsite is a facility that is
used principally for classroom instruction.
(4) Notwithstanding any other provision of law, neither the state
board, nor the Superintendent may waive the requirements of paragraph
(1) of subdivision (a).