BILL ANALYSIS �
AB 342
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Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 342 (Blumenfield) - As Amended: April 29, 2013
SUMMARY : Allows school districts and county offices of
education (COEs) to claim pupil attendance for funding purposes
for pupils receiving technology-based, asynchronous instruction
and makes changes to statutory requirements governing
independent study. Specifically, this bill :
1)Changes Education Code terminology from "synchronous, online
instruction" to "technology-based synchronous instruction."
2)Authorizes the disaggregation of pupil test results to allow
the comparison of the results of online instruction vs.
regular classroom instruction.
3)Requires technology-based, synchronous instruction to:
a) Be approved by the governing board of the local
education agency (LEA-school districts and county offices
of education);
b) Be as rigorous as a classroom-based course; and
c) Meet or exceed all relevant state standards.
4)Establishes a sunset date of July 1, 2019 for provisions
authorizing and governing technology-based synchronous
instruction.
5)Requires an LEA's independent study policy to require periodic
contact between the certificated employee providing
instruction and the pupil to assess whether satisfactory
education progress, as defined, is made; and a notification of
the pupil and pupil's parent or guardian if satisfactory
progress in not made.
6)Defines "periodic contact" to mean 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 on interaction.
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7)Provides that a pupil shall not be allowed to continue in
independent study without evidence of satisfactory educational
progress unless independent study is determined to be in his
or her best interest and requires a pupil's parent or guardian
to be notified if satisfactory progress is not made.
8)Defines "satisfactory educational progress" to include meeting
measures such as applicable statewide accountability measures
and assessments, the completion of assignments, local or state
approved formative assessments, required laboratories or
online workgroups, or other indicators that the pupil is
working on assignments and learning required concepts.
9)Provides that independent study agreements may be stored
electronically.
EXISTING LAW
1)Defines "synchronous online instruction" as a class or course
in which the pupil and the certificated employee who is
providing instruction are online at the same time and use
real-time, Internet-based collaborative software that combines
audio, video, file sharing, and other forms of interaction.
2)Authorizes, commencing with the 2014-15 fiscal year, a school
district or county office of education (COE) to claim
attendance for pupils in grades 9 to 12, inclusive, who are
engaged in synchronous online instruction toward apportionment
ADA, provided all of the following conditions are met:
a) The certificated employee providing instruction confirms
pupil attendance through visual recognition or periodic
voice responses during the class period;
b) The class has a regularly scheduled starting and ending
time, and the pupil is scheduled to attend the entire class
period;
c) An individual with exceptional needs, as specified, may
participate in synchronous online instruction only if his
or her individualized education program, as specified,
provides for that participation;
d) A school district or COE offering synchronous online
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instruction 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
course; and if a pupil does not have access to the
necessary equipment, the school district or COE shall
provide such access; and
e) The ratio of teachers to pupils shall not exceed the
equivalent ratio for all other educational programs by the
school district or COE, as specified, unless a higher or
lower ratio is negotiated in a collective bargaining
agreement.
3)Requires the Superintendent of Public Instruction (SPI) to
establish rules and regulations that, at a minimum, address
all of the following:
a) How to include pupil attendance in online courses in the
calculation of ADA;
b) How to ensure a pupil meets minimum instructional time
requirements;
c) Require statewide testing results for online pupils to
be reported and assigned to the school in which the pupils
is enrolled for regular classroom courses and to any school
district or COE within which the school's testing results
are aggregated; and
d) Require online instruction attendance accounting to be
subject to annual audits.
4)Authorizes school districts and COEs to offer independent
study and to generate apportionment ADA for pupils engaged in
independent study, subject to the following:
a) Not more than 10 percent of pupils in an opportunity
school or program or a continuation high school may be
eligible for apportionment credit for independent study;
b) Special needs pupils may participate in independent
study only if it is specifically provided for in their
individualized education plans;
c) Instruction provided to a temporarily disabled pupil
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shall not be provided through independent study;
d) Courses required for high school graduation shall not be
offered exclusively through independent study;
e) Pupils enrolled in independent study shall have access
to all existing services and resources of the school in
which he or she is enrolled and that are available to all
other pupils in the school; and
f) The governing board of the school district has adopted
and implemented written policies, as specified, that govern
independent study and the written agreement that is
required for each independent study pupil.
5)Prohibits LEAs from providing independent study pupils with
funds or any other thing of value that it does not provide to
pupils who attend regular classes.
6)Provides that school districts and COEs can claim
apportionment credit for independent study only to the extent
of the time value of pupil work products as personally judged
in each instance by a certificated teacher.
FISCAL EFFECT : Unknown
COMMENTS : This bill changes Education Code terminology from
"synchronous, online instruction" to "technology-based
synchronous instruction." According to the author, the latter
term is broader and allows for technology-based instruction that
is not necessarily online. The bill also makes the following
changes to independent study:
1)Requires periodic contact, as defined, between the
certificated employee and the pupil to monitor progress.
2)Requires a pupil to make satisfactory progress, as defined, in
order to remain in independent study.
3)Allows independent study agreements and other required
documents to be maintained electronically.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 342
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San Diego County Office of Education
Small School Districts' Association
Opposition
None received
Analysis Prepared by : Rick Pratt / ED. / (916) 319-2087