BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 2007
AUTHOR: Grove
AMENDED: May 1, 2014
FISCAL COMM: Yes HEARING DATE: June 25, 2014
URGENCY: No CONSULTANT:Lenin Del Castillo
SUBJECT : Virtual or online charter schools.
SUMMARY
This bill would authorize virtual or online charter schools
to claim average daily attendance (ADA) for pupils enrolled
in the school's independent study program who move outside
of the geographic boundaries in which the charter school is
authorized to operate.
BACKGROUND
Under existing law, the Charter Schools Act of 1992
provides for the establishment of charter schools in
California for the purpose, among other things, to improve
student learning and expand learning experiences for pupils
who are identified as academically low achieving. A
charter school may be authorized by a school district, a
county board of education, or the State Board of Education,
as specified. Some charter schools are new while others
are conversions from existing schools. Except where
specifically noted otherwise, California law exempts
charter schools from many of the statutes and regulations
that apply to schools and school districts.
A charter school that does not meet the requirements to be
a classroom-based instruction school is considered to be
nonclassroom-based and must have a funding determination
approved by the State Board of Education. Classroom-based
instruction occurs only when pupils are under the immediate
supervision and control of a certificated teacher. The
charter school must offer at least 80 percent of its
instructional time at the school site (for classroom
instruction) and attendance must be required at the school
site for at least 80 percent of the minimum instructional
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time required to be offered. Charter schools can only
claim ADA for pupils who are residents of the county in
which the charter school is authorized, or who are
residents of a county immediately adjacent to that county.
Existing law defines a virtual or online charter school as
one in which at least 80 percent of teaching and student
interaction occurs via the Internet. In order for a
virtual or online charter school to be funded, it must
demonstrate the following:
1)The school has met its overall and subgroup Academic
Performance Index growth targets;
2)Instructional expenditures are at least 85 percent of the
overall school budget and at least 25 percent is spent on
technology that directly benefits students and teachers
and results in improved student achievement;
3)Computer-based instruction and assessment is provided to
each pupil and includes the use of an online
instructional management program, as specified;
4)Teachers are provided with specified technology tools and
print media;
5)All pupils are provided an individualized learning plan
that is based on initial testing and that is monitored
either remotely or in person by the teacher to evaluate
pupil progress;
6)All pupils are provided access to a computer, Internet
service, printer, monitor, and standards-aligned
materials;
7)All pupils eligible for special education supports and
services receive those supports and services in
accordance with their individualized education plan; and
8)Charter school admission practices will not favor high
performing pupils or recruit a pupil population that is
of a higher socioeconomic group or lower racial or ethnic
representation than the general population of the county
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or counties served.
ANALYSIS
This bill:
1) Authorizes virtual or online charter schools to
claim average daily attendance (ADA) for pupils
enrolled in the school's independent study program who
move to a residence located outside of the geographic
boundaries in which the charter school is authorized
to operate.
2) Provides that the virtual or online charter school
would be limited to claiming ADA for only the duration
of the course or courses the student is enrolled in
within the school year in which the student moves
outside of the geographic boundaries of the charter
school.
3) Defines a virtual or online charter school as a
charter school in which at least 80 percent of
teaching and pupil interaction occurs via the
Internet.
STAFF COMMENTS
1) Need for the bill . According to the author's office,
"approximately 43 percent of virtual schools identify
special education or at-risk children and youth as
their target student populations. These include
students in the juvenile justice system and students
who are at risk of dropping out." Additionally, the
author's office indicates that virtual charter schools
are an increasingly popular option among
non-traditional students, including athletes, actors,
and high-mobility students, such as children from
military families. By allowing students that are
enrolled in a virtual charter school to remain in that
school if they are forced to move to another county in
the state, the bill will allow a child to have
continuity and continue to thrive in the school where
they are already a student.
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2) Hinders the ability to provide oversight or student
services ? Schools are primarily funded on the basis
of average daily attendance (ADA) which is also
referred to as "seat time." It serves as the proxy
for the funds needed for teachers, administrators, and
other school employees to provide instruction,
instructional support, ancillary services, etc.
Currently, a virtual or online charter school is
prohibited from receiving ADA for the instruction of
pupils who do not reside in the county where the
charter school is chartered or in a county adjacent to
that in which it is authorized. By allowing a charter
school to receive ADA for students that have moved to
a different county, albeit on a limited basis, this
bill not only raises potential oversight difficulties
for the charter authorizer, but also raises questions
regarding the school's ability to provide
instructional services for its students. Instruction
for virtual charter schools may not necessarily take
place via the Internet 100 percent of the time.
Students may still meet face-to-face with their
teachers or other instructional staff in a classroom
setting for testing purposes and to receive tutoring
and counseling services. This would be difficult to
do if a student were to live in a county across the
state as the bill would allow. Further, if a special
education student's Individualized Education Plan
includes certain requirements, such as accommodations
or modifications when taking an assessment, it is
unclear how this would be possible if the student
lived potentially 500 miles or even 200 miles away.
One could argue that this bill could minimize the need
for a student to change schools when he or she moves
and ensure the continuity of the student's education,
particularly for students that would enroll in a
traditional brick and mortar school. This could help
avoid potential social issues that may arise such as
difficulties with developing new peer relationships
and behavioral problems.
3) Related legislation . AB 377 (Grove) from 2013 would
have authorized a virtual or online charter school to
claim independent study ADA for pupils who are
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residents of any other county in the state. This bill
failed passage in the Assembly Education Committee.
SUPPORT
K-12, Inc.
OPPOSITION
None on file.