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.
This bill would make these provisions applicable to technology-based synchronous instruction, as defined, rather than synchronous, online instruction.
(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 billbegin insert, commencing July 1, 2014,end insert would 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 billbegin insert, commencing July 1, 2014,end insert 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 abegin delete locallyend deletebegin insert local collectivelyend insert 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 billbegin insert, commencing July 1, 2014,end insert would require a school district or county office of education to adopt different policies to be eligible to receive apportionments for independent study pupils, including
policies requiring periodic contact, as defined, between the certificated employee providing instruction and the pupil to assess whether satisfactory educational progress, asbegin delete defined,end deletebegin insert described,end insert is made. The bill would require the written agreement for each independent study pupil that is maintained on file to include additional information, including a copy of the governing board of the school district’s, county board of education’s, or governing body of a charter school’s independent study authorization, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 46300.8 of the Education Code is
2amended to read:
(a) Commencing with the 2014-15 school year,
4attendance of pupils in grades 9 to 12, inclusive, under the
5immediate supervision and control of a certificated employee of
6the school district or county office of education who is delivering
7technology-based synchronous instruction shall be included in
8computing average daily attendance, provided that all of the
9following occur:
10(1) The certificated employee providing the instruction confirms
11pupil attendance through visual recognition during the class period.
12A pupil logon, without any other pupil identification, is not
13sufficient to confirm pupil attendance.
P4 1(2) The class has regularly scheduled starting and ending times,
2and the pupil is scheduled to
attend the entire class period. Average
3daily attendance shall be counted only for attendance in classes
4held at the regularly scheduled time.
5(3) An individual with exceptional needs, as defined in Section
656026, may participate in technology-based synchronous
7instruction only if his or her individualized education program
8developed pursuant to Article 3 (commencing with Section 56340)
9of Chapter 4 of Part 30 specifically provides for that participation.
10(4) If a school district or county office of education elects to
11offer technology-based synchronous instruction pursuant to this
12paragraph, the school district or county office of education shall
13not deny enrollment to a pupil based solely on the pupil’s lack of
14access to the computer hardware or software necessary to
15participate in the technology-based synchronous instruction course.
16If a pupil chooses to enroll in a
technology-based synchronous
17instruction course and does not have access to the necessary
18equipment, the school district or county office of education shall
19provide, for each pupil who chooses to enroll in a technology-based
20synchronous instruction course, access to the computer hardware
21or software necessary to participate in the technology-based
22synchronous instruction course.
23(5) The ratio of average daily attendance for technology-based
24pupils who are 18 years of age or younger to school district
25full-time equivalent certificated employees responsible for
26technology-based synchronous instruction, calculated as specified
27by the department, shall not exceed the equivalent ratio of pupils
28to full-time certificated employees for all other educational
29programs operated by the school district, unless a higher or lower
30ratio is negotiated in a collective bargaining agreement.
31(6) The
ratio of average daily attendance for technology-based
32pupils who are 18 years of age or younger to county office of
33education full-time equivalent certificated employees who provide
34technology-based synchronous instruction, to be calculated in a
35manner prescribed by the department, shall not exceed the
36equivalent ratio of pupils to full-time certificated employees for
37all other educational programs operated by the high school or
38unified school district with the greatest average daily attendance
39of pupils in that county, unless a higher or lower ratio is provided
40for in a collective bargaining agreement. The computation of the
P5 1ratios specified in paragraph (5) and this paragraph shall be
2performed annually by the reporting agency at the time of, and in
3connection with, the second principal apportionment report to the
4Superintendent.
5(b) The Superintendent shall establish rules and regulations for
6purposes of implementing this section thatbegin insert,
at a minimum,end insert
address
7all of the following:
8(1) How school districts or county offices of education include
9pupil attendance in technology-based synchronous instruction
10courses in the calculation of average daily attendance pursuant to
11Section 46300.
12(2) How to ensure a pupil meets minimum instructional time
13requirements pursuant to the following:
14(A) Section 46141 and Section 46201, 46201.5, or 46202, as
15applicable, for pupils enrolled in a noncharter school in a school
16district or county office of education.
17(B) Section 46170, for pupils enrolled in a continuation school.
18(C) Section 46180, for pupils enrolled in an opportunity school.
19(3) Require statewide testing results for technology-based pupils
20to be reported and assigned to the school in which the pupil is
21enrolled for regular classroom courses, and to any school district
22or county office of education within which that school’s testing
23results are aggregated. Testing results may be disaggregated for
24the purpose of comparing technology-based pupils’ testing results
25to the results of those pupils enrolled in regular classroom courses.
26(4) Require attendance accounted for pursuant to this section
27to be subject to the audit conducted pursuant to Section 41020.
28(c) The Superintendent may provide guidance regarding the
29ability of a school district or county office of education to provide
30technology-based synchronous instruction.
31(d) A technology-based synchronous instruction course
shall
32be approved by the governing board of the school district or county
33office of education, shall be as rigorous as a classroom-based
34course, and shall meet or exceed all relevant state content standards.
35(e) For purposes of this section, “technology-based synchronous
36instruction” means a class or course in which the pupil and the
37certificated employee who is providing instruction are online at
38the same time through the use of electronic means, including, but
39not necessarily limited to, the use of real-time, Internet-based
P6 1collaborative software that combines audio, video, file sharing,
2and other forms of interaction.
3(f) This section shall become inoperative on July 1, 2019, and,
4as of January 1, 2020, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2020, deletes or
6extends the dates on which it becomes inoperative
and is repealed.
Section 51745 of the Education Code is amended to
8read:
(a) Commencing with the 1990-91 school year, the
10governing board of a school district or a county office of education
11may offer independent study to meet the educational needs of
12pupils in accordance with the requirements of this article.
13Educational opportunities offered through independent study may
14include, but shall not be limited to, the following:
15(1) Special assignments extending the content of regular courses
16of instruction.
17(2) Individualized study in a particular area of interest or in a
18subject not currently available in the regular school curriculum.
19(3) Individualized alternative education designed to teach the
20knowledge and
skills of the core curriculum. Independent study
21shall not be provided as an alternative curriculum.
22(4) Continuing and special study during travel.
23(5) Volunteer community service activities and leadership
24opportunities that support and strengthen pupil achievement.
25(b) Not more than 10 percent of the pupils participating in an
26opportunity school or program, or a continuation high school,
27calculated by prior year average daily attendance reported to the
28department, shall be eligible for apportionment credit for
29independent study pursuant to this article. A pupil who is pregnant
30or is a parent who is the primary caregiver for one or more of his
31or her children shall not be counted within the 10-percent cap.
32(c) An individual with exceptional needs, as
defined in Section
3356026, shall not participate in independent study, unless his or her
34individualized education program developed pursuant to Article
353 (commencing with Section 56340) of Chapter 4 of Part 30
36specifically provides for that participation.
37(d) A temporarily disabled pupil shall not receive individual
38instruction pursuant to Section 48206.3 through independent study.
P7 1(e) No course included among the courses required for high
2school graduation under Section 51225.3 shall be offered
3exclusively through independent study.
Section 51745.6 of the Education Code is amended to
5read:
(a) The ratio of average daily attendance for
7independent study pupils 18 years of age or less to school district
8full-time equivalent certificated employees responsible for
9independent study, calculated as specified by the department, shall
10not exceed the equivalent ratio of pupils to full-time certificated
11employees for all other educational programs operated by the
12school district, unless a different ratio is established through a
13locally bargained agreement. The ratio of average daily attendance
14for independent study pupils 18 years of age or less to county office
15of education full-time equivalent certificated employees responsible
16for independent study, to be calculated in a manner prescribed by
17the department, shall not exceed the equivalent ratio of pupils to
18full-time
certificated employees for all other educational programs
19operated by the high school district or unified school district with
20the largest average daily attendance of pupils in that county, unless
21a different ratio is established through a locally bargained
22agreement. The computation of those ratios shall be performed
23annually by the reporting agency at the time of, and in connection
24with, the second principal apportionment report to the
25Superintendent.
26(b) Only those units of average daily attendance for independent
27study that reflect a pupil-teacher ratio that does not exceed the
28ratio described in subdivision (a) shall be eligible for apportionment
29pursuant to Section 42238.5, for school districts, and Section 2558,
30for county offices of education. This section shall not prevent a
31school district or county office of education from serving additional
32units of average daily attendance greater than the ratio described
33in subdivision (a), except
that those additional units shall not be
34funded pursuant to Section 2558 or 42238.5.
35(c) The calculations performed for purposes of this section shall
36not include either of the following:
37(1) The average daily attendance generated by special education
38pupils enrolled in special day classes on a full-time basis, or the
39teachers of those classes.
P8 1(2) The average daily attendance or teachers in necessary small
2schools that are eligible to receive funding pursuant to Article 4
3(commencing with Section 42280) of Chapter 7 of Part 24 of
4Division 3.
5(d) The
pupil-teacher ratio described in subdivision (a) in a
6unified school district participating in the class size reduction
7program pursuant to Chapter 6.10 (commencing with Section
852120) may, at the school district’s option, be calculated separately
9for kindergarten and grades 1 to 6, inclusive, and for grades 7 to
1012, inclusive.
11(e) The pupils-to-certificated-employee ratio described in
12subdivision (a) may, in a charter school, be calculated by using a
13fixed pupils-to-certificated-employee ratio of 25 to one, or by being
14a ratio of less than 25 pupils per certificated employee. All charter
15school pupils, regardless of age, shall be included in
16pupils-to-certificated-employee ratio calculations.
Section 51747 of the Education Code is amended to
18read:
(a) A school district or county office of education shall
20not be eligible to receive apportionments for independent study
21by pupils, regardless of age, unless it has adopted written policies,
22and has implemented those policies, pursuant to rules and
23regulations adopted by the Superintendent, that include, at a
24minimum, all of the following:
25(1) The maximum length of time, by grade level and type of
26program, that may elapse between the time an independent study
27assignment is made and the date by which the pupil must complete
28the assigned work.
29(2) (A) (i) A requirement of periodic contact between the
30certificated employee providing instruction and the pupil to assess
31whether satisfactory educational progress is made.
32(ii) For purposes of this section, “periodic contact” means
33communication that occurs at least twice per month and consists
34of either in-person interaction or interaction through electronic
35means, including, but not necessarily limited to, the use of
36real-time, Internet-based collaborative software that combines
37audio, video, file sharing, and other forms of interaction.
38(B) If satisfactory educational progress is not made, a certificated
39employee shall notify the pupil and the pupil’s parent or guardian.
P9 1(C) If satisfactory educational progress is not made, an
2evaluation shall be conducted to determine whether it is in the best
3interests of the pupil to remain in independent study, or whether
4he or she should return to the regular school program. A written
5record of the findings of an evaluation made pursuant to this
6subdivision shall be treated as a mandatory interim pupil record.
7The record shall be maintained for a period of three years from
8the date of the evaluation and, if the pupil transfers to another
9California public school, the record shall be
forwarded to that
10school. A pupil shall not continue to participate in independent
11study without evidence of satisfactory educational progress unless
12independent study is determined by the district or county
13superintendent, or charter administrator or designee, to be in the
14best interest of the pupil.
15(D) For purposes of this section, “satisfactory educational
16progress” includes meeting measures such as applicable statewide
17accountability measures and assessments, the completion of
18assignments, locally approved or state-approved formative
19assessments, required laboratories or online workgroups, or other
20indicators that the pupil is working on assignments and learning
21required concepts, as determined by the supervising certificated
22employee.
23(3) A requirement of a current written agreement for each
24independent study pupil that is maintained on file in a paper or
25electronic copy.
The written agreement shall include a copy of the
26
independent study authorization of the governing board of a school
27district or county board of education, or governing body of a charter
28school, as applicable, and shall include, but is not limited to, all
29of the following:
30(A) The manner, time, frequency, and place for submitting a
31pupil’s assignments and for reporting his or her progress.
32(B) The objectives and methods of study for the pupil’s work,
33and the methods used to evaluate that work.
34(C) The specific resources, including materials and personnel,
35that will be made available to the pupil.
36(D) A statement of the policies adopted pursuant to paragraph
37(2) and as determined by
each
school district, county office of
38education, or charter school that specifies periodic contact between
39pupils and certificated employees and identifies the accountability
40measures and assessments that will be used to determine
P10 1satisfactory educational progress. In all cases, the authorization
2for independent study shall include the learning objectives required
3to achieve satisfactory educational progress.
4(E) The duration of the independent study agreement, including
5the beginning and ending dates for the pupil’s participation in
6independent study under the agreement. No independent study
7agreement shall be valid for any period longer than one semester,
8or one-half year for a school on a year-round calendar.
9(F) A statement of the number of course credits or, for the
10elementary grades, other measures of academic accomplishment
11appropriate to
the agreement, to be earned by the pupil upon
12completion.
13(G) The inclusion of a statement in each independent study
14agreement that independent study is an optional educational
15alternative in which no pupil may be required to participate. In the
16case of a pupil who is referred or assigned to any school, class, or
17program pursuant to Section 48915 or 48917, the agreement also
18shall include the statement that instruction may be provided to the
19pupil through independent study only if the pupil is offered the
20alternative of classroom instruction.
21(H) The signatures, affixed before the commencement of
22independent study, of the pupil, the pupil’s parent, legal guardian,
23or caregiver if the pupil is less than 18 years of age, and the
24certificated employee who has been designated as having
25responsibility for the general supervision of independent study.
26For purposes of this paragraph
“caregiver” means a person who
27has met the requirements of Part 1.5 (commencing with Section
286550) of Division 11 of the Family Code.
29(b) Independent study may commence upon receipt of an
30electronic copy of the agreement specified in paragraph (3) of
31subdivision (a).
32(c) For purposes of this section, an “electronic copy” includes
33a computer or electronic stored image of an original document,
34including, but not limited to, portable document format (PDF),
35JPEG, or other digital image file type, which may be sent via fax
36machine, email, or other electronic means.
37(d) As a condition of apportionment, school districts, county
38
offices of education, or charter schools shall retain written or
39electronic documentation that demonstrates satisfactory educational
40progress for independent study pupils.
begin insertSection 51745 of the end insertbegin insertEducation
Codeend insertbegin insert is amended to
2read:end insert
(a) Commencing with the 1990-91 school year, the
4governing board of a school district or a county office of education
5may offer independent study to meet the educational needs of
6pupils in accordance with the requirements of this article.
7Educational opportunities offered through independent study may
8include, but shall not be limited to, the following:
9(1) Special assignments extending the content of regular courses
10of instruction.
11(2) Individualized study in a particular area of interest or in a
12subject not currently available in the regular school curriculum.
13(3) Individualized alternative education designed to teach the
14knowledge and
skills of the core curriculum. Independent study
15shall not be provided as an alternative curriculum.
16(4) Continuing and special study during travel.
17(5) Volunteer community service activities and leadership
18opportunities that support and strengthen pupil achievement.
19(b) Not more than 10 percent of the pupils participating in an
20opportunity school or program, or a continuation high school,
21calculated as specified by the department, shall be eligible for
22apportionment credit for independent study pursuant to this article.
23A pupil who is pregnant or is a parent who is the primary caregiver
24for one or more of his or her children shall not be counted within
25thebegin delete 10 percentend deletebegin insert
10-percentend insert cap.
26(c) An individual with exceptional needs, as defined in Section
2756026, shall not participate in independent study, unless his or her
28individualized education program developed pursuant to Article
293 (commencing with Section 56340) of Chapter 4 of Part 30
30specifically provides for that participation.
31(d) A temporarily disabled pupil shall not receive individual
32instruction pursuant to Section 48206.3 through independent study.
33(e) No course included among the courses required for high
34school graduation under Section 51225.3 shall be offered
35exclusively through independent study.
36(f) This section shall
become inoperative on July 1, 2014, and,
37as of January 1, 2015, is repealed, unless a later enacted statute,
38that becomes operative on or before January 1, 2015, deletes or
39extends the dates on which it becomes inoperative and is repealed.
begin insertSection 51745 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert
begin insert(a) Commencing with the 1990-91 school year, the
2governing board of a school district or a county office of education
3may offer independent study to meet the educational needs of pupils
4in accordance with the requirements of this article. Educational
5opportunities offered through independent study may include, but
6shall not be limited to, the following:
7(1) Special assignments extending the content of regular courses
8of instruction.
9(2) Individualized study in a particular area of interest or in a
10subject not currently available in the regular school curriculum.
11(3) Individualized alternative education designed to
teach the
12knowledge and skills of the core curriculum. Independent study
13shall not be provided as an alternative curriculum.
14(4) Continuing and special study during travel.
15(5) Volunteer community service activities and leadership
16opportunities that support and strengthen pupil achievement.
17(b) Not more than 10 percent of the pupils participating in an
18opportunity school or program, or a continuation high school,
19calculated using prior year average daily attendance reported to
20the department, shall be eligible for apportionment credit for
21independent study pursuant to this article. A pupil who is pregnant
22or is a parent who is the primary caregiver for one or more of his
23or her children shall not be counted within the 10-percent cap.
24(c) An individual
with exceptional needs, as defined in Section
2556026, shall not participate in independent study, unless his or
26her individualized education program developed pursuant to
27Article 3 (commencing with Section 56340) of Chapter 4 of Part
2830 specifically provides for that participation.
29(d) A temporarily disabled pupil shall not receive individual
30instruction pursuant to Section 48206.3 through independent study.
31(e) No course included among the courses required for high
32school graduation under Section 51225.3 shall be offered
33exclusively through independent study.
34(f) This section shall become operative on July 1, 2014.
begin insertSection 51745.6 of the end insertbegin insertEducation
Codeend insertbegin insert is amended to
36read:end insert
(a) The ratio of average daily attendance for
38independent study pupils 18 years of age or less to school district
39full-time equivalent certificated employees responsible for
40independent study, calculated as specified by thebegin delete State Department begin insert department,end insert shall not exceed the equivalent ratio of
P13 1of Education,end delete
2pupils to full-time certificated employees for all other educational
3programs operated by the school district. The ratio of average daily
4attendance for independent study pupils 18 years of age or less to
5county office of education full-time equivalent certificated
6employees responsible for
independent study, to be calculated in
7a manner prescribed by thebegin delete State Department of Education,end delete
8begin insert department,end insert shall not exceed the equivalent ratio of pupils to
9full-time certificated employees for all other educational programs
10operated by the high school or unified school district with the
11largest average daily attendance of pupils in that county. The
12computation of those ratios shall be performed annually by the
13reporting agency at the time of, and in connection with, the second
14principal apportionment report to the Superintendentbegin delete of Public .
15Instructionend delete
16(b) Only those units of average daily attendance for independent
17study that reflect a pupil-teacher ratio that does not
exceed the
18ratio described in subdivision (a) shall be eligible for apportionment
19pursuant to Section 42238.5, for school districts, and Section 2558,
20for county offices of education.begin delete Nothing in thisend deletebegin insert Thisend insert section shall
21begin insert notend insert prevent a school district or county office of education from
22serving additional units of average daily attendance greater than
23the ratio described in subdivision (a), except that those additional
24units shall not be funded pursuant to Sectionbegin insert 2558 orend insert 42238.5begin delete or .
25Section 2558end delete
26(c) The calculations performed for purposes of this section shall
27not include either of the following:
28(1) The average daily attendance generated by special education
29pupils enrolled in special day classes on a full-time basis, or the
30teachers of those classes.
31(2) The average daily attendance or teachers in necessary small
32schools that are eligible to receive funding pursuant to Article 4
33(commencing with Section 42280) of Chapter 7 of Part 24begin insert of
34Division 3end insert.
35(d) The pupil-teacher ratio described in subdivision (a) in a
36unified school district participating in the class size reduction
37program pursuant to Chapter 6.10 (commencing with Section
3852120)
may, at the school district’s option, be calculated separately
39for kindergarten and grades 1 to 6, inclusive, and for grades 7 to
4012, inclusive.
P14 1(e) The pupils-to-certificated-employee ratio described in
2subdivision (a) may, in a charter school, be calculated by using a
3fixed pupils-to-certificated-employee ratio of 25 tobegin delete one,end deletebegin insert 1,end insert or by
4being a ratio of less than 25 pupils per certificated employee. All
5charter school pupils, regardless of age, shall be included in
6begin delete pupil-to-certificated-employeeend deletebegin insert pupils-to-certificated-employeeend insert
7 ratio calculations.
8(f) This section shall become inoperative on July 1, 2014, and,
9as of January 1, 2015, is repealed, unless a later enacted statute,
10that becomes operative on or before January 1, 2015, deletes or
11extends the dates on which it becomes inoperative and is repealed.
begin insertSection 51745.6 is added to the
end insertbegin insertEducation Codeend insertbegin insert, to
13read:end insert
(a) The ratio of average daily attendance for
15independent study pupils 18 years of age or less to school district
16full-time equivalent certificated employees responsible for
17independent study, calculated as specified by the department, shall
18not exceed the equivalent ratio of pupils to full-time certificated
19employees for all other educational programs operated by the
20school district, unless a different ratio is established through a
21local collectively bargained agreement. The ratio of average daily
22attendance for independent study pupils 18 years of age or less to
23county office of education full-time equivalent certificated
24employees responsible for independent study, to be calculated in
25a manner prescribed by the department, shall not exceed the
26equivalent ratio of pupils to full-time certificated
employees for
27all other educational programs operated by the high school district
28or unified school district with the largest average daily attendance
29of pupils in that county, unless a different ratio is established
30through a local collectively bargained agreement. The computation
31of those ratios shall be performed annually by the reporting agency
32at the time of, and in connection with, the second principal
33apportionment report to the Superintendent.
34(b) Only those units of average daily attendance for independent
35study that reflect a pupil-teacher ratio that does not exceed the
36ratio described in subdivision (a) shall be eligible for
37apportionment pursuant to Section 42238.5, for school districts,
38and Section 2558, for county offices of education. This section
39shall not prevent a school district or county office of education
40from serving additional units of average daily attendance greater
P15 1than the ratio described in subdivision (a), except
that those
2additional units shall not be funded pursuant to Section 2558 or
342238.5.
4(c) The calculations performed for purposes of this section shall
5not include either of the following:
6(1) The average daily attendance generated by special education
7pupils enrolled in special day classes on a full-time basis, or the
8teachers of those classes.
9(2) The average daily attendance or teachers in necessary small
10schools that are eligible to receive funding pursuant to Article 4
11(commencing with Section 42280) of Chapter 7 of Part 24 of
12Division 3.
13(d) The pupil-teacher ratio described in subdivision (a) in a
14unified school district participating in the class size reduction
15program pursuant to Chapter 6.10 (commencing with Section
1652120) may, at the school
district’s option, be calculated separately
17for kindergarten and grades 1 to 6, inclusive, and for grades 7 to
1812, inclusive.
19(e) The pupils-to-certificated-employee ratio described in
20subdivision (a) may, in a charter school, be calculated by using a
21fixed pupils-to-certificated-employee ratio of 25 to 1, or by being
22a ratio of less than 25 pupils per certificated employee. All charter
23school pupils, regardless of age, shall be included in
24pupils-to-certificated-employee ratio calculations.
25(f) This section shall become operative on July 1, 2014.
begin insertSection 51747 of the end insertbegin insertEducation
Codeend insertbegin insert is amended to
27read:end insert
A school district or county office of education shall not
29be eligible to receive apportionments for independent study by
30pupils, regardless of age, unless it has adopted written policies,
31and has implemented those policies, pursuant to rules and
32regulations adopted by thebegin delete Superintendent of Public Instruction,end delete
33begin insert Superintendent,end insert that include, but are not limited to, all of the
34following:
35(a) The maximum length of time, by grade level and type of
36program, that may elapse between the time an independent study
37assignment is made and the date by which the pupil must
complete
38the assigned work.
39(b) The number of missed assignments that will be allowed
40before an evaluation is conducted to determine whether it is in the
P16 1best interests of the pupil to remain in independent study, or
2whether he or she should return to the regular school program. A
3written record of the findings ofbegin delete anyend deletebegin insert anend insert evaluation made pursuant
4to this subdivision shall be treated as a mandatory interim pupil
5record. The record shall be maintained for a period of three years
6from the date of the evaluation and, if the pupil transfers to another
7California public school, the record shall be forwarded to that
8school.
9(c) A requirement that a current written agreement for each
10independent study
pupil shall be maintained on file including, but
11not limited to, all of the following:
12(1) The manner, time, frequency, and place for submitting a
13pupil’s assignments and for reporting his or her progress.
14(2) The objectives and methods of study for the pupil’s work,
15and the methodsbegin delete utilizedend deletebegin insert usedend insert to evaluate that work.
16(3) The specific resources, including materials and personnel,
17that will be made available to the pupil.
18(4) A statement of the policies adopted pursuant to subdivisions
19(a) and (b) regarding the maximum length of time allowed between
20the assignment
and the completion of a pupil’s assigned work, and
21the number of missed assignments allowedbegin delete prior toend deletebegin insert beforeend insert an
22evaluation of whether or not the pupil should be allowed to
23continue in independent study.
24(5) The duration of the independent study agreement, including
25the beginning and ending dates for the pupil’s participation in
26independent study under the agreement. No independent study
27agreement shall be valid for any period longer than one semester,
28or one-half year for a school on a year-round calendar.
29(6) A statement of the number of course credits or, for the
30elementary grades, other measures of academic accomplishment
31appropriate to the agreement, to be earned by the pupil upon
32
completion.
33(7) The inclusion of a statement in each independent study
34agreement that independent study is an optional educational
35alternative in which no pupil may be required to participate. In the
36case of a pupil who is referred or assigned to any school, class, or
37program pursuant to Section 48915 or 48917, the agreement also
38shall include the statement that instruction may be provided to the
39 pupil through independent study only if the pupil is offered the
40alternative of classroom instruction.
P17 1(8) Each written agreement shall be signed,begin delete prior toend deletebegin insert beforeend insert the
2commencement of independent study, by the pupil, the pupil’s
3parent, legal guardian, or caregiver, if the pupil is less than 18
4years
of age, the certificated employee who has been designated
5as having responsibility for the general supervision of independent
6study, and all persons who have direct responsibility for providing
7assistance to the pupil. For purposes of this paragraph “caregiver”
8means a person who has met the requirements of Part 1.5
9(commencing with Section 6550)begin insert of Division 11end insert of the Family
10Code.
11(d) This section shall become inoperative on July 1, 2014, and,
12as of January 1, 2015, is repealed, unless a later enacted statute,
13that becomes operative on or before January 1, 2015, deletes or
14extends the dates on which it becomes inoperative and is repealed.
begin insertSection 51747 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert
begin insert(a) A school district or county office of education shall
17not be eligible to receive apportionments for independent study
18by pupils, regardless of age, unless it has adopted written policies,
19and has implemented those policies, pursuant to rules and
20regulations adopted by the Superintendent, that include, at a
21minimum, all of the following:
22(1) The maximum length of time, by grade level and type of
23program, that may elapse between the time an independent study
24assignment is made and the date by which the pupil must complete
25the assigned work.
26(2) (A) (i) A requirement of periodic contact between the
27certificated employee providing
instruction and the pupil to assess
28whether satisfactory educational progress is made.
29(ii) For purposes of this section, “periodic contact” means
30communication that occurs at least twice per month, with those
31two communications occurring at least five days apart each month,
32and consists of either in-person interaction or interaction through
33electronic means, including, but not necessarily limited to, the use
34of real-time, Internet-based collaborative software that combines
35audio, video, file sharing, and other forms of interaction. If a
36school district or county office of education chooses to interact
37through electronic means and the pupil that chooses to enroll in
38independent study does not have access to the necessary computer
39hardware or software, the school district or county office of
40education shall provide, for each pupil who chooses to enroll in
P18 1independent study, access to the computer hardware or software
2necessary to participate in
independent study.
3(B) If satisfactory educational progress is not made, the
4certificated employee shall notify the pupil and the pupil’s parent
5or guardian.
6(C) If satisfactory educational progress is not made, an
7evaluation shall be conducted to determine whether it is in the best
8interests of the pupil to remain in independent study, or whether
9he or she should return to the regular school program. A written
10record of the findings of an evaluation made pursuant to this
11subdivision shall be treated as a mandatory interim pupil record.
12The record shall be maintained for a period of three years from
13the date of the evaluation and, if the pupil transfers to another
14California public school, the record shall be forwarded to that
15school. A pupil shall not continue to participate in independent
16study without evidence of satisfactory educational progress unless
17independent study is
determined by the district or county
18superintendent, or charter administrator or designee, to be in the
19best interest of the pupil.
20(D) For purposes of this section, “satisfactory educational
21progress” includes increases in pupil achievement, measured as
22described in paragraph (4) of subdivision (d) of Section 52060,
23the completion of assignments, locally approved or state-approved
24formative assessments, required laboratories or online workgroups,
25or other indicators that the pupil is working on assignments and
26learning required concepts, as determined by the supervising
27certificated employee.
28(3) A requirement of a current written agreement for each
29independent study pupil that is maintained on file in a paper or
30electronic copy. The written agreement shall include a copy of the
31independent study authorization of the governing board of a school
32district, county board of
education, or governing body of a charter
33school, as applicable, and shall include, but is not limited to, all
34of the following:
35(A) The manner, time, frequency, and place for submitting a
36pupil’s assignments and for reporting his or her progress.
37(B) The objectives and methods of study for the pupil’s work,
38and the methods used to evaluate that work.
39(C) The specific resources, including materials and personnel,
40that will be made available to the pupil.
P19 1(D) A statement of the policies adopted pursuant to paragraph
2(2) and as determined by each school district, county office of
3education, or charter school that specifies the minimum required
4periodic contact between pupils and certificated employees and
5identifies the accountability measures and
assessments that will
6be used to determine satisfactory educational progress. In all
7cases, the authorization for independent study shall include the
8learning objectives required to achieve satisfactory educational
9progress.
10(E) The duration of the independent study agreement, including
11the beginning and ending dates for the pupil’s participation in
12independent study under the agreement. No independent study
13agreement shall be valid for any period longer than one semester,
14or one-half year for a school on a year-round calendar.
15(F) A statement of the number of course credits or, for the
16elementary grades, other measures of academic accomplishment
17appropriate to the agreement, to be earned by the pupil upon
18completion.
19(G) The inclusion of a statement in each independent study
20agreement that independent study is an
optional educational
21alternative in which no pupil may be required to participate. In
22the case of a pupil who is referred or assigned to any school, class,
23or program pursuant to Section 48915 or 48917, the agreement
24also shall include the statement that instruction may be provided
25to the pupil through independent study only if the pupil is offered
26the alternative of classroom instruction.
27(H) The signatures, affixed before the commencement of
28independent study, of the pupil, the pupil’s parent, legal guardian,
29or caregiver if the pupil is less than 18 years of age, and the
30certificated employee who has been designated as having
31responsibility for the general supervision of independent study.
32For purposes of this paragraph “caregiver” means a person who
33has met the requirements of Part 1.5 (commencing with Section
346550) of Division 11 of the Family Code.
35(b) Independent study may
commence upon receipt of an
36electronic copy of the agreement specified in paragraph (3) of
37subdivision (a).
38(c) For purposes of this section, an “electronic copy” includes
39a computer or electronic stored image of an original document,
40including, but not limited to, portable document format (PDF),
P20 1JPEG, or other digital image file type, which may be sent via fax
2machine, e-mail, or other electronic means.
3(d) As a condition of apportionment, school districts, county
4offices of education, or charter schools shall retain written or
5electronic documentation that demonstrates satisfactory
6educational progress for independent study pupils.
7(e) The Superintendent shall develop and adopt regulations
8related to the electronic copies, documents, or signatures described
9in this section.
10(f) This section shall become operative on July 1, 2014.
O
95