BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          AB 2007 (Grove) - Virtual or Online Charter Schools: Attendance
          
          Amended: July 2, 2014           Policy Vote: Education 6-0
          Urgency: No                     Mandate: No
          Hearing Date: August 4, 2014                                 
          Consultant: Jacqueline Wong-Hernandez                       
          
          This bill may meet the criteria for referral to the Suspense  
          File. 
          
          Bill Summary: AB 2007 authorizes 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. This bill requires the California  
          Department of Education (CDE) to report to the Legislature, the  
          Department of Finance, and the Legislative Analyst's Office on  
          or before December 31, 2016, on the department's assessment of  
          the need for this allowance.

          Fiscal Impact: 
              ADA: Unknown, but likely minor costs/savings (Prop 98  
              General Fund) to allow students to remain enrolled in their  
              virtual or online charter schools of attendance for the  
              remainder or a school year in which they move out of the  
              geographic service boundaries of that school. 
              CDE "report": Likely minor costs to the CDE to report on  
              its assessment of the need for this new authority. The CDE  
              estimates incurring additional workload worth about $30,000  
              to complete the report. 

          Background:  Charter schools can be classroom-based or  
          nonclassroom-based. 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% of its instructional  
          time at the school site (for classroom instruction) and  
          attendance must be required at the school site for at least 80%  
          of the minimum instructional time required to be offered.  








          AB 2007 (Grove)
          Page 1


          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% 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% of the  
               overall school budget, and at least 25% 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 or  
               counties served.

          Proposed Law: This bill, until January 1, 2018, authorizes a  
          virtual or online charter school to claim independent study ADA  








          AB 2007 (Grove)
          Page 2


          for a pupil who is enrolled in a virtual or online charter  
          school and moves to a residence outside of the geographic  
          boundaries in which the virtual or online charter school is  
          authorized to operate for the duration of the virtual or online  
          charter school course or courses or until the end of the school  
          year, whichever occurs first.

          This bill would also require the CDE to report to the  
          Legislature, the Department of Finance, and the Legislative  
          Analyst's Office on or before December 31, 2016, on the  
          department's assessment of the need for a virtual or online  
          charter school to claim the independent study average daily  
          attendance of pupils enrolled in a virtual or online charter  
          school that have moved outside of the geographic boundaries in  
          which the virtual or online charter school is authorized for the  
          duration of the courses in which the pupils are enrolled.

          Staff Comments: This bill would authorize a virtual or online  
          charter school to continue to serve a pupil, and claim  
          independent study ADA for him or her, who is currently enrolled  
          in a virtual or online charter school and moves to a residence  
          outside of the geographic boundaries in which the virtual or  
          online charter school is authorized to operate. The potential  
          costs of allowing the pupil to stay enrolled in the virtual or  
          online school, for (at a maximum) the remainder of the school  
          year, depends both on what the pupil and the school would do  
          absent this legislation, as well as the prevalence of this  
          situation among the approximately 118,000 students (based on  
          ADA) estimated to be participating in nonclassroom-based  
          charters. Staff notes that this would only apply to the subset  
          of those students enrolled in virtual or online charter schools.

          If the pupil, absent the ability to continue in his or her  
          online or virtual school after moving, would otherwise either  
          fail to tell the school that he or she had moved or would  
          arrange to delay moving (e.g. stay with friends or relatives in  
          the service area) until the end of the school year, there would  
          be no change to ADA. The degree to which attendance area is  
          currently enforced after initial enrollment, is unclear. It is  
          likely that, when practical, students simply do not report that  
          they have moved until it becomes necessary (e.g. they are  
          enrolling in other schools or cannot attend a scheduled meeting  
          in person).









          AB 2007 (Grove)
          Page 3


          If the pupil, absent the ability to continue in his or her  
          school, would otherwise enroll in a different school, this bill  
          is unlikely to result in costs; it may result in savings, if the  
          pupil would otherwise have enrolled in a traditional school. If  
          the pupil would have dropped out of school, or had a significant  
          gap in time before re-enrolling (e.g. if he or she was  
          considering other online or virtual school enrollment options),  
          there would be foregone ADA savings to the extent that the  
          student instead remained in his or her original school instead. 

          The degree to which the CDE could collect and analyze data on  
          this topic, in order to make a meaningful assessment in 12  
          months is unclear. The CDE has indicated that staff would  
          identify virtual and online charter schools and survey them  
          regarding the need for ADA for a pupil who moves to a residence  
          outside of the geographic boundaries, and how those funds would  
          be used. Any report produced is likely to be brief and  
          anecdotal, and have minor costs.