Amended in Assembly April 29, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

AB 342, as amended, Blumenfield. Online instruction and independent study.

(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.

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.

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. begin delete These provisions become inoperative on July 1, 2019, and are repealed on January 1, 2020. end delete

This bill would make these provisions applicable to technology-based synchronous instruction, as defined, rather than synchronous, online instruction. begin delete 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 delete

begin delete

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 delete

(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.

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

(3) Existing law 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 establish a different 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 through a locally bargained agreement.

(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.

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 begin delete , end delete policies requiring periodic contact begin insert , as defined, end insert 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 begin delete different end delete begin insert additional end insert 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.

begin delete

(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 delete begin delete

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 delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 46300.8 of the Education Code is
amended to read:

46300.8.  

(a) Commencing with the 2014-15 school year,
attendance of pupils in grades 9 to 12, inclusive, under the
begin insert immediate end insert supervision and control of a certificated employee of
the school begin delete district, end delete begin insert district or end insert county office of begin delete education, or charter
school end delete begin insert education end insert who is delivering technology-based synchronous
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 technology-based synchronous
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 begin delete district, end delete begin insert district or end insert county office of begin delete education, or
charter school end delete begin insert education end insert elects to offer technology-based
synchronous instruction pursuant to this paragraph, the school
begin delete district, end delete begin insert district or end insert county office of begin delete education, or charter school end delete
begin insert education 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 technology-based synchronous
instruction course. If a pupil chooses to enroll in a
technology-based synchronous instruction course and does not
have access to the necessary equipment, the school begin delete district, end delete begin insert district
or end insert county office of begin delete education, or charter school end delete begin insert education end insert shall
provide, for each pupil who chooses to enroll in a technology-based
synchronous instruction course, access to the computer hardware
or software necessary to participate in the technology-based
synchronous instruction course.

(5) The ratio of average daily attendance for technology-based
pupils who are 18 years of age or younger to school district
full-time equivalent certificated employees responsible for
technology-based synchronous 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 technology-based
pupils who are 18 years of age or younger to county office of
education full-time equivalent certificated employees who provide
technology-based synchronous 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 address all of the
following:

(1) How school begin delete districts, end delete begin insert districts or end insert county offices of begin delete education,
or charter schools end delete begin insert education end insert include pupil attendance in
technology-based synchronous instruction 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 technology-based pupils
to be reported and assigned to the school in which the pupil is
enrolled for regular classroom courses, and to any school begin delete district, end delete
begin insert district or end insert county office of begin delete education, or charter school end delete begin insert education end insert
within which that school’s testing results are aggregated. Testing
results may be disaggregated for the purpose of comparing
technology-based pupils’ testing results to the results of those
pupils enrolled begin delete for end delete begin insert in end insert regular classroom courses.

(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 begin delete district, end delete begin insert district or end insert county office of begin delete education,
or charter school end delete begin insert education end insert to provide technology-based
synchronous instruction.

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

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

begin insert

(f) 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 insert

begin delete

SEC. 2.  

Section 46300.9 is added to the Education Code, to
read:

46300.9.  

(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 delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 51745 of the Education Code is amended to
read:

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 by prior year average daily attendance reported to the
department, 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 SEC. 4. end delete
begin insert SEC. 3. 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 established through a
locally bargained agreement. 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 district or unified school district with
the largest average daily attendance of pupils in that county, unless
a different ratio is established through a locally bargained
agreement. 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 begin delete Section end delete 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
pupils-to-certificated-employee ratio calculations.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

Section 51747 of the Education Code is amended to
read:

51747.  

(a) A school district, county office of education, or
charter school 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,
that begin delete require, end delete begin insert include, end insert at a minimum, all of the following:

begin insert

(1) 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 insert begin delete

(1)

end delete

begin insert (2) end insert  (A)  begin delete Periodic end delete begin insert (i) end insert begin insert   end insert begin insert A requirement of periodic end insert contact between
the certificated employee providing instruction and the pupil to
assess whether satisfactory educational progress is made.

begin insert

(ii) For purposes of this section, “periodic contact” means
communication that occurs at least twice per month and consists
of either in-person interaction or interaction through electronic
means, including, but not necessarily limited to, the use of
real-time, Internet-based collaborative software that combines
audio, video, file sharing, and other forms of interaction.

end insert

(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 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. 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.

(D) For purposes of this section, “satisfactory educational
progress” includes meeting measures such as applicable statewide
accountability measures and assessments, the completion of
assignments, begin insert locally approved or state-approved formative
assessments, end insert 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.

begin delete

(2)

end delete

begin insert (3) end insert  A begin insert requirement of a end insert current written agreement for each
independent study pupil that is maintained on file 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 not limited to, all of the following:

begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin delete

(A)

end delete

begin insert (D) end insert  A statement of the policies adopted pursuant to paragraph
begin delete (1) end delete begin insert (2) end insert 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.

begin delete

(B)

end delete

begin insert (E) end insert  The duration of the independent study begin delete agreement. end delete begin insert agreement,
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 insert

begin delete

(C)

end delete

begin insert (F) 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

(D)

end delete

begin insert (G) 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

(E)

end delete

begin insert (H) end insert  The signatures, affixed before the commencement of
independent study, 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 independent study.
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) Independent study may commence upon receipt of an
electronic copy of the agreement specified in paragraph begin delete (2) end delete begin insert (3) end insert 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, email, 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 independent study pupils.

begin delete

SEC. 6.  

Section 51747.3 of the Education Code is amended to
read:

51747.3.  

(a) (1) Notwithstanding any other 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 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 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.

(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.

(b) Notwithstanding paragraph (1) of subdivision (d) of Section
47605 or any other 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 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 state board, by the Superintendent, or under any provision of
Part 26.8 (commencing with Section 47600).

end delete