Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 342

Introduced by Assembly Member Blumenfield

February 13, 2013

An act to amend begin delete Section end delete begin insert Sections 46300.8, 51745, end insert 51745.6 begin insert , 51747, and 51747.3 end insert of begin insert , and to add Section 46300.9 to, end insert the Education Code, relating to begin insert online instruction and end insert independent study.

LEGISLATIVE COUNSEL’S DIGEST

AB 342, as amended, Blumenfield. begin delete Independent study: pupil to certificated employee ratio. end delete begin insert Online instruction and independent study. end insert

begin insert

(1) Existing law establishes the public elementary and secondary school system in this state, and further establishes a funding system pursuant to which the state apportions funds to local educational agencies based on, among other factors, the average daily attendance of pupils at the schools operated by those agencies. Numerous statutes and regulations govern the calculation and reporting of average daily attendance.

end insert begin insert

Existing law, commencing with the 2014-15 school year, authorizes, for purposes of computing average daily attendance, the inclusion of pupils in grades 9 to 12, inclusive, under the immediate supervision and control of a certificated employee of the school district or county office of education who is delivering synchronous, online instruction, as defined, provided that this instruction meets specified criteria. Existing law requires, if a school district or county office of education elects to offer synchronous, online instruction, that the school district or county office of education provide all pupils who choose to enroll in a synchronous, online course access to the computer hardware or software necessary for the pupil to participate in the course.

end insert begin insert

Existing law requires the Superintendent of Public Instruction to establish rules and regulations for purposes of implementing these provisions, and requires those rules and regulations to, at a minimum, address specified matters. Existing law also authorizes the Superintendent to provide guidance regarding the ability of a school district or county office of education to provide synchronous, online instruction. These provisions become inoperative on July 1, 2019, and are repealed on January 1, 2020.

end insert begin insert

This bill would make these provisions applicable to technology-based synchronous instruction, as defined, rather than synchronous, online instruction. The bill would also make this provision expressly applicable to charter schools. The bill would delete the language that renders the bill inoperative on July 1, 2019, and repeals it on January 1, 2020, thereby extending the operation of this provision indefinitely.

end insert begin insert

The bill would add provisions relating to attendance, supervision of pupils, evaluation, and other requirements for technology-based asynchronous instruction, as defined, to be included in the calculation of average daily attendance.

end insert begin insert

(2) Existing law authorizes the governing board of a school district or a county office of education to offer independent study to meet the educational needs of pupils in accordance with prescribed criteria. Existing law requires that not more than 10% of the pupils participating in an opportunity school or program, or a continuation high school, calculated as specified by the State Department of Education, be eligible for apportionment credit for independent study.

end insert begin insert

This bill would instead require the calculation to be based on the prior year average daily attendance reported to the department.

end insert begin delete

Existing

end delete

begin insert (3) end insert begin insert   end insert begin insert Existing end insert law begin delete authorizes the governing board of a school district or a county office of education to offer independent study and end delete requires the ratio of average daily attendance for independent study pupils 18 years of age or less to full-time equivalent certificated employees responsible for independent study to not exceed a specified ratio.

This bill would authorize a school district or a county office of education to begin delete collectively bargain for a higher end delete begin insert establish a different end insert ratio of average daily attendance for independent study pupils 18 years of age or less to full-time equivalent certificated employees responsible for independent study begin insert through a locally bargained agreement end insert .

begin insert

(4) Existing law provides that a school district or county office of education is not eligible to receive apportionments for independent study pupils unless it has adopted and implemented certain policies, including, but not limited to, policies related to the maximum length of time that may elapse between the time an independent study assignment is made and the date by which the pupil must complete the assigned work, the number of missed assignments that will be allowed before an evaluation is conducted to determine whether it is in the best interests of the pupil to remain in independent study, the manner, time, frequency, and place for submitting a pupil’s assignments and for reporting his or her progress, and requiring a written agreement for each independent study pupil to be maintained on file.

end insert begin insert

This bill would extend these provisions to charter schools, and would require a school district, county office of education, or charter school to adopt different policies to be eligible to receive apportionments for independent study pupils, including, policies requiring periodic contact between the certificated employee providing instruction and the pupil to assess whether satisfactory educational progress, as defined, is made. The bill would require the written agreement for each independent study pupil that is maintained on file to include different information, and would authorize the written agreement to be maintained in a paper or electronic copy, as defined. The bill would authorize independent study to commence upon receipt of an electronic copy of the agreement.

end insert begin insert

(5) Existing law prohibits a local educational agency, including, but not limited to, a charter school, from claiming state funding for the independent study of a pupil if the local educational agency has provided any funds or other thing of value to the pupil or his or her parent or guardian that the local educational agency does not provide to pupils who attend regular classes or their parents or guardians.

end insert begin insert

This bill would provided that this prohibition does not apply to technology-based instruction courses for which the local educational agency provides computer equipment, software, or both, or other components necessary for pupils to participate in online instruction.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION end insert begin insert 1. end insert   

end insert

begin insert Section 46300.8 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

46300.8.  

(a) Commencing with the 2014-15 school year,
attendance of pupils in grades 9 to 12, inclusive, under the
begin delete immediate end delete supervision and control of a certificated employee of
the school district begin delete or end delete begin insert , end insert county office of education begin insert , or charter school end insert
who is delivering begin delete synchronous, online end delete begin insert technology-based
synchronous end insert instruction shall be included in computing average
daily attendance, provided that all of the following occur:

(1) The certificated employee providing the instruction confirms
pupil attendance through visual recognition during the class period.
A pupil logon, without any other pupil identification, is not
sufficient to confirm pupil attendance.

(2) The class has regularly scheduled starting and ending times,
and the pupil is scheduled to attend the entire class period. Average
daily attendance shall be counted only for attendance in classes
held at the regularly scheduled time.

(3) An individual with exceptional needs, as defined in Section
56026, may participate in begin delete synchronous, online end delete begin insert technology-based
synchronous end insert instruction only if his or her individualized education
program developed pursuant to Article 3 (commencing with Section
56340) of Chapter 4 of Part 30 specifically provides for that
participation.

(4) If a school district begin delete or end delete begin insert , end insert county office of education begin insert , or charter
school end insert elects to offer begin delete synchronous, online end delete begin insert technology-based
synchronous end insert instruction pursuant to this paragraph, the school
district begin delete or end delete begin insert , end insert county office of education begin insert , or charter school end insert shall not
deny enrollment to a pupil based solely on the pupil’s lack of access
to the computer hardware or software necessary to participate in
the begin delete synchronous, online end delete begin insert technology-based synchronous instruction end insert
course. If a pupil chooses to enroll in a begin delete synchronous, online end delete
begin insert technology-based synchronous instruction end insert course and does not
have access to the necessary equipment, the school district begin delete or end delete begin insert , end insert
county office of education begin insert , or charter school end insert shall provide, for
each pupil who chooses to enroll in a begin delete synchronous, online end delete
begin insert technology-based synchronous instruction end insert course, access to the
computer hardware or software necessary to participate in the
begin delete synchronous, online end delete begin insert technology-based synchronous instruction end insert
course.

(5) The ratio of average daily attendance for begin delete synchronous, online end delete
begin insert technology-based end insert pupils who are 18 years of age or younger to
school district full-time equivalent certificated employees
responsible for begin delete synchronous, online end delete begin insert technology-based end insert begin insert synchronous end insert
instruction, calculated as specified by the department, shall not
exceed the equivalent ratio of pupils to full-time certificated
employees for all other educational programs operated by the
school district, unless a higher or lower ratio is negotiated in a
collective bargaining agreement.

(6) The ratio of average daily attendance for begin delete synchronous, online end delete
begin insert technology-based end insert pupils who are 18 years of age or younger to
county office of education full-time equivalent certificated
employees who provide begin delete synchronous, online end delete begin insert technology-based
synchronous end insert instruction, to be calculated in a manner prescribed
by the department, shall not exceed the equivalent ratio of pupils
to full-time certificated employees for all other educational
programs operated by the high school or unified school district
with the greatest average daily attendance of pupils in that county,
unless a higher or lower ratio is provided for in a collective
bargaining agreement. The computation of the ratios specified in
paragraph (5) and this paragraph shall be performed annually by
the reporting agency at the time of, and in connection with, the
second principal apportionment report to the Superintendent.

(b) The Superintendent shall establish rules and regulations for
purposes of implementing this section that begin delete , at a minimum, end delete address
all of the following:

(1) How school districts begin delete and end delete begin insert , end insert county offices of education begin insert , or
charter schools end insert include pupil attendance in begin delete online end delete
begin insert technology-based synchronous instruction end insert courses in the
calculation of average daily attendance pursuant to Section 46300.

(2) How to ensure a pupil meets minimum instructional time
requirements pursuant to the following:

(A) Section 46141 and Section 46201, 46201.5, or 46202, as
applicable, for pupils enrolled in a noncharter school in a school
district or county office of education.

(B) Section 46170, for pupils enrolled in a continuation school.

(C) Section 46180, for pupils enrolled in an opportunity school.

(3) Require statewide testing results for begin delete online end delete begin insert technology-based end insert
pupils to be reported and assigned to the school in which the pupil
is enrolled for regular classroom courses, and to any school district
begin delete or end delete begin insert , end insert county office of education begin insert , or charter school end insert within which that
school’s testing results are aggregated. begin insert Testing results may be
disaggregated for the purpose of comparing technology-based
pupils’ testing results to the results of those pupils enrolled for
regular classroom courses. end insert

(4) Require attendance accounted for pursuant to this section
to be subject to the audit conducted pursuant to Section 41020.

(c) The Superintendent may provide guidance regarding the
ability of a school district begin delete or end delete begin insert , end insert county office of education begin insert , or charter
school end insert to provide begin delete synchronous, online end delete begin insert technology-based
synchronous end insert instruction.

begin insert

(d) A technology-based synchronous instruction course shall
be approved by the governing board of the school district or county
office of education, or by the governing body of the charter school,
shall be as rigorous as a classroom-based course, and shall meet
or exceed all relevant state content standards.

end insert begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  For purposes of this section, begin delete “synchronous, online end delete
begin insert “technology-based synchronous end insert instruction” means a class or
course in which the pupil and the certificated employee who is
providing instruction are online at the same time begin delete and end delete begin insert through the
use of electronic means, including, but not necessarily limited to,
the end insert use begin insert of end insert real-time, Internet-based collaborative software that
combines audio, video, file sharing, and other forms of interaction.

begin delete

(e) This section shall become inoperative on July 1, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 46300.9 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 46300.9. end insert   

(a) Commencing with the 2014-15 school year,
attendance of pupils in grades 9 to 12, inclusive, under the
supervision of a certificated employee of the school district, county
office of education, or charter school who is delivering
technology-based asynchronous instruction shall be included in
computing average daily attendance, provided that all of the
following occur:

(1) (A) Periodic contact between the certificated employee
providing instruction and the pupil to assess whether satisfactory
educational progress is made.

(B) If satisfactory educational progress is not made, a
certificated employee shall notify the pupil and the pupil’s parent
or guardian.

(C) If satisfactory educational progress is not made, an
evaluation shall be conducted to determine whether it is in the best
interests of the pupil to remain in technology-based asynchronous
instruction, or whether he or she should return to the regular
school program. A written record of the findings of any evaluation
made pursuant to this subdivision shall be treated as a mandatory
interim pupil record. The record shall be maintained for a period
of three years from the date of the evaluation and, if the pupil
transfers to another California public school, the record shall be
forwarded to that school. A pupil shall not continue to participate
in technology-based asynchronous instruction without evidence
of satisfactory educational progress unless technology-based
asynchronous instruction is determined by the district or county
superintendent, or charter administrator, to be in the best interest
of the pupil.

(D) For purposes of this section, “satisfactory educational
progress” includes meeting measures such as applicable statewide
accountability measures and assessments, the completion of
assignments, required laboratories or online workgroups, or other
indicators that the pupil is working on assignments and learning
required concepts, as determined by the supervising certificated
employee.

(2) A current written agreement for each pupil engaged in
technology-based asynchronous instruction is maintained on file
in a paper or electronic copy. The written agreement shall include
a copy of the governing board’s technology-based asynchronous
instruction authorization, and shall include, but is not limited to,
all of the following:

(A) A statement of the policies adopted pursuant to paragraph
(1) and as determined by each local educational agency that
specifies periodic contact between pupils and certificated
employees and identifies the accountability measures and
assessments that will be used to determine satisfactory educational
progress.

(B) The duration of the technology-based asynchronous
instruction written agreement.

(C) A statement of the number of course credits to be earned
by the pupil upon completion. In all cases, the authorization for
technology-based asynchronous instruction shall include the
learning objectives required to achieve satisfactory educational
progress.

(D) The inclusion of a statement in each technology-based
asynchronous instruction agreement that technology-based
asynchronous instruction is an optional educational alternative
in which no pupil may be required to participate. In the case of a
pupil who is referred or assigned to any school, class, or program
pursuant to Section 48915 or 48917, the agreement also shall
include the statement that instruction may be provided to the pupil
through technology-based asynchronous instruction only if the
pupil is offered the alternative of classroom instruction.

(E) The signatures, affixed before the commencement of
technology-based asynchronous instruction, of the pupil, the pupil’s
parent, legal guardian, or caregiver if the pupil is less than 18
years of age, and the certificated employee who has been
designated as having responsibility for the general supervision of
technology-based asynchronous instruction. For purposes of this
paragraph “caregiver” means a person who has met the
requirements of Part 1.5 (commencing with Section 6550) of
Division 11 of the Family Code.

(b) Technology-based asynchronous instruction may commence
upon receipt of an electronic copy of the agreement specified in
paragraph (2) of subdivision (a).

(c) For purposes of this section, an “electronic copy” includes
a computer or electronic stored image of an original document,
including, but not limited to, portable document format (PDF),
JPEG, or other digital image file type, which may be sent via fax
machine, e-mail, or other electronic means.

(d) As a condition of apportionment, local educational agencies
shall retain written or electronic documentation that demonstrates
satisfactory educational progress for pupils engaged in
technology-based asynchronous instruction.

(e) An individual with exceptional needs, as defined in Section
56026, may participate in technology-based asynchronous
instruction only if his or her individualized education program
developed pursuant to Article 3 (commencing with Section 56340)
of Chapter 4 of Part 30 specifically provides for that participation.

(f) If a school district, county office of education, or charter
school elects to offer technology-based asynchronous instruction
pursuant to this section, the school district, county office of
education, or charter school shall not deny enrollment to a pupil
based solely on the pupil’s lack of access to the computer hardware
or software necessary to participate in the technology-based
asynchronous instruction course. If a pupil chooses to enroll in a
technology-based asynchronous instruction course and does not
have access to the necessary equipment, the school district, county
office of education, or charter school shall provide, for each pupil
who chooses to enroll in a technology-based asynchronous
instruction course, access to the computer hardware or software
necessary to participate in the technology-based asynchronous
instruction course.

(g) A technology-based asynchronous instruction course shall
be approved by the governing board of the school district or county
office of education, or by the governing body of the charter school,
shall be as rigorous as a classroom-based course, and shall meet
or exceed all relevant state content standards.

(h) For purposes of this section, “technology-based
asynchronous instruction” means a class or course in which the
pupil and the certificated employee who is providing instruction
may be online at different times, allowing pupils and certificated
employees to participate according to their own schedules.
Communication and interaction may occur via electronic means,
including, but not limited to, real-time, Internet-based collaborative
software that combines audio, video, file sharing, and other forms
of interaction.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 51745 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

51745.  

(a) Commencing with the 1990-91 school year, the
governing board of a school district or a county office of education
may offer independent study to meet the educational needs of
pupils in accordance with the requirements of this article.
Educational opportunities offered through independent study may
include, but shall not be limited to, the following:

(1) Special assignments extending the content of regular courses
of instruction.

(2) Individualized study in a particular area of interest or in a
subject not currently available in the regular school curriculum.

(3) Individualized alternative education designed to teach the
knowledge and skills of the core curriculum. Independent study
shall not be provided as an alternative curriculum.

(4) Continuing and special study during travel.

(5) Volunteer community service activities and leadership
opportunities that support and strengthen pupil achievement.

(b) Not more than 10 percent of the pupils participating in an
opportunity school or program, or a continuation high school,
calculated begin delete as specified by the department end delete begin insert by prior year average
daily attendance reported to the department end insert , shall be eligible for
apportionment credit for independent study pursuant to this article.
A pupil who is pregnant or is a parent who is the primary caregiver
for one or more of his or her children shall not be counted within
the 10 percent cap.

(c) An individual with exceptional needs, as defined in Section
56026, shall not participate in independent study, unless his or her
individualized education program developed pursuant to Article
3 (commencing with Section 56340) of Chapter 4 of Part 30
specifically provides for that participation.

(d) A temporarily disabled pupil shall not receive individual
instruction pursuant to Section 48206.3 through independent study.

(e) No course included among the courses required for high
school graduation under Section 51225.3 shall be offered
exclusively through independent study.

begin delete SECTION 1. end delete
begin insert SEC. 4. end insert   

Section 51745.6 of the Education Code is amended to
read:

51745.6.  

(a) The ratio of average daily attendance for
independent study pupils 18 years of age or less to school district
full-time equivalent certificated employees responsible for
independent study, calculated as specified by the department, shall
not exceed the equivalent ratio of pupils to full-time certificated
employees for all other educational programs operated by the
school district, unless a different ratio is begin delete collectively bargained end delete
begin insert established through a locally bargained agreement end insert . The ratio of
average daily attendance for independent study pupils 18 years of
age or less to county office of education full-time equivalent
certificated employees responsible for independent study, to be
calculated in a manner prescribed by the department, shall not
exceed the equivalent ratio of pupils to full-time certificated
employees for all other educational programs operated by the high
school begin insert district end insert or unified school district with the largest average
daily attendance of pupils in that county, unless a different ratio
is begin delete collectively bargained end delete begin insert established through a locally bargained
agreement end insert . The computation of those ratios shall be performed
annually by the reporting agency at the time of, and in connection
with, the second principal apportionment report to the
Superintendent.

(b) Only those units of average daily attendance for independent
study that reflect a pupil-teacher ratio that does not exceed the
ratio described in subdivision (a) shall be eligible for apportionment
pursuant to Section 42238.5, for school districts, and Section 2558,
for county offices of education. This section shall not prevent a
school district or county office of education from serving additional
units of average daily attendance greater than the ratio described
in subdivision (a), except that those additional units shall not be
funded pursuant to Section 42238.5 or Section 2558.

(c) The calculations performed for purposes of this section shall
not include either of the following:

(1) The average daily attendance generated by special education
pupils enrolled in special day classes on a full-time basis, or the
teachers of those classes.

(2) The average daily attendance or teachers in necessary small
schools that are eligible to receive funding pursuant to Article 4
(commencing with Section 42280) of Chapter 7 of Part 24 of
Division 3.

(d) The pupil-teacher ratio described in subdivision (a) in a
unified school district participating in the class size reduction
program pursuant to Chapter 6.10 (commencing with Section
52120) may, at the school district’s option, be calculated separately
for kindergarten and grades 1 to 6, inclusive, and for grades 7 to
12, inclusive.

(e) The pupils-to-certificated-employee ratio described in
subdivision (a) may, in a charter school, be calculated by using a
fixed pupils-to-certificated-employee ratio of 25 to one, or by being
a ratio of less than 25 pupils per certificated employee. All charter
school pupils, regardless of age, shall be included in
begin delete pupil-to-certificated-employee end delete begin insert pupils-to-certificated-employee end insert
ratio calculations.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 51747 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

51747.  

begin insert (a) end insert begin insert   end insert A school district begin delete or end delete begin insert , end insert county office of education begin insert ,
or charter school end insert shall not be eligible to receive apportionments
for independent study by pupils, regardless of age, unless it has
adopted written policies, and has implemented those policies,
pursuant to rules and regulations adopted by the Superintendent
begin delete of Public Instruction end delete , that begin delete include, but are not limited to end delete begin insert require,
at a minimum end insert , all of the following:

begin delete

(a) The maximum length of time, by grade level and type of
program, that may elapse between the time an independent study
assignment is made and the date by which the pupil must complete
the assigned work.

end delete begin insert

(1) (A) Periodic contact between the certificated employee
providing instruction and the pupil to assess whether satisfactory
educational progress is made.

end insert begin insert

(B) If satisfactory educational progress is not made, a
certificated employee shall notify the pupil and the pupil’s parent
or guardian.

end insert begin delete

(b) The number of missed assignments that will be allowed
before an

end delete

begin insert (C) end insert begin insert   end insert begin insert If satisfactory educational progress is not made, an end insert
evaluation begin delete is end delete begin insert shall be end insert conducted to determine whether it is in the
best interests of the pupil to remain in independent study, or
whether he or she should return to the regular school program. A
written record of the findings of any evaluation made pursuant to
this subdivision shall be treated as a mandatory interim pupil
record. The record shall be maintained for a period of three years
from the date of the evaluation and, if the pupil transfers to another
California public school, the record shall be forwarded to that
school. begin insert A pupil shall not continue to participate in independent
study without evidence of satisfactory educational progress unless
independent study is determined by the district or county
superintendent, or charter administrator or designee, to be in the
best interest of the pupil. end insert

begin insert

(D) For purposes of this section, “satisfactory educational
progress” includes meeting measures such as applicable statewide
accountability measures and assessments, the completion of
assignments, required laboratories or online workgroups, or other
indicators that the pupil is working on assignments and learning
required concepts, as determined by the supervising certificated
employee.

end insert begin delete

(c)

end delete

begin insert (2) end insert  A begin delete requirement that a end delete current written agreement for each
independent study pupil begin delete shall be end delete begin insert that is end insert maintained on file
begin delete including, but end delete begin insert in a paper or electronic copy. The written agreement
shall include a copy of the governing board’s independent study
authorization, and shall include, but is end insert not limited to, all of the
following:

begin delete

(1) The manner, time, frequency, and place for submitting a
pupil’s assignments and for reporting his or her progress.

(2) The objectives and methods of study for the pupil’s work,
and the methods utilized to evaluate that work.

(3) The specific resources, including materials and personnel,
that will be made available to the pupil.

end delete begin delete

(4)

end delete

begin insert (A) end insert  A statement of the policies adopted pursuant to begin delete subdivisions
(a) and (b)regarding the maximum length of time allowed between
the assignment and the completion of a pupil’s assigned work, and
the number of missed assignments allowed prior to an evaluation
of whether or not the pupil should be allowed to continue in
independent study. end delete begin insert paragraph (1) and as determined by each local
educational agency that specifies periodic contact between pupils
and certificated employees and identifies the accountability
measures and assessments that will be used to determine
satisfactory educational progress. In all cases, the authorization
for independent study shall include the learning objectives required
to achieve satisfactory educational progress. end insert

begin delete

(5)

end delete

begin insert (B) end insert  The duration of the independent study agreement begin delete , including
the beginning and ending dates for the pupil’s participation in
independent study under the agreement. No independent study
agreement shall be valid for any period longer than one semester,
or one-half year for a school on a year-round calendar end delete .

begin delete

(6)

end delete

begin insert (C) end insert  A statement of the number of course credits or, for the
elementary grades, other measures of academic accomplishment
appropriate to the agreement, to be earned by the pupil upon
completion.

begin delete

(7)

end delete

begin insert (D) end insert  The inclusion of a statement in each independent study
agreement that independent study is an optional educational
alternative in which no pupil may be required to participate. In the
case of a pupil who is referred or assigned to any school, class, or
program pursuant to Section 48915 or 48917, the agreement also
shall include the statement that instruction may be provided to the
pupil through independent study only if the pupil is offered the
alternative of classroom instruction.

begin delete

(8) Each written agreement shall be signed, prior to

end delete

begin insert (E) end insert begin insert   end insert begin insert The signatures, affixed before end insert the commencement of
independent study, begin delete by end delete begin insert of end insert the pupil, the pupil’s parent, legal
guardian, or begin delete caregiver, end delete begin insert caregiver end insert if the pupil is less than 18 years
of age, begin insert and end insert the certificated employee who has been designated as
having responsibility for the general supervision of independent
study begin delete , and all persons who have direct responsibility for providing
assistance to the pupil end delete . For purposes of this paragraph “caregiver”
means a person who has met the requirements of Part 1.5
(commencing with Section 6550) of begin insert Division 11 of end insert the Family
Code.

begin insert (b) end insert begin insert   end insert begin insert Independent study may commence upon receipt of an
electronic copy of the agreement specified in paragraph (2) of
subdivision (a). end insert

begin insert

(c) For purposes of this section, an “electronic copy” includes
a computer or electronic stored image of an original document,
including, but not limited to, portable document format (PDF),
JPEG, or other digital image file type, which may be sent via fax
machine, e-mail, or other electronic means.

end insert begin insert

(d) As a condition of apportionment, local educational agencies
shall retain written or electronic documentation that demonstrates
satisfactory educational progress for independent study pupils.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 51747.3 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

51747.3.  

(a)  begin insert (1) end insert begin insert   end insert Notwithstanding any other begin delete provision of end delete law,
a local educational agency, including, but not limited to, a charter
school, may not claim state funding for the independent study of
a pupil, whether characterized as home study or otherwise, if the
begin insert local educational end insert agency has provided any funds or other thing of
value to the pupil or his or her parent or guardian that the begin insert local
educational end insert agency does not provide to pupils who attend regular
classes or to their parents or guardians. A charter school may not
claim state funding for the independent study of a pupil, whether
characterized as home study or otherwise, if the charter school has
provided any funds or other thing of value to the pupil or his or
her parent or guardian that a school district could not legally
provide to a similarly situated pupil of the school district, or to his
or her parent or guardian.

begin insert

(2) Paragraph (1) does not apply to technology-based
instruction courses for which the local educational agency provides
computer equipment, software, or both, or other components
necessary for pupils to participate in online instruction.

end insert

(b) Notwithstanding paragraph (1) of subdivision (d) of Section
47605 or any other begin delete provision of end delete law, community school and
independent study average daily attendance shall be claimed by
school districts, county superintendents of schools, and charter
schools only for pupils who are residents of the county in which
the apportionment claim is reported, or who are residents of a
county immediately adjacent to the county in which the
apportionment claim is reported.

(c) The Superintendent begin delete of Public Instruction end delete shall not apportion
funds for reported average daily attendance, through full-time
independent study, of pupils who are enrolled in school pursuant
to subdivision (b) of Section 48204.

(d) In conformity with Provisions 25 and 28 of Section 2.00 of
the Budget Act of 1992, this section is applicable to average daily
attendance reported for apportionment purposes beginning July 1,
1992. The provisions of this section are not subject to waiver by
the begin delete State Board of Education end delete begin insert state board end insert , by the begin delete State end delete
Superintendent begin delete of Public Instruction end delete , or under any provision of
Part 26.8 (commencing with Section 47600).