Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2178

Introduced by Assembly Member Levine

February 20, 2014

An act begin insert to amend Section 33052.5 of, and to add and repeal Chapter 8.7 (commencing with Section 52280) of Part 28 of Division 4 of Title 2 of, the Education Code, end insert relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

AB 2178, as amended, Levine. Pupil instruction: begin delete blending learning programs. end delete begin insert Blended Learning Pilot Program. end insert

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law establishes an adopted course of study for pupils in grades 1 to 6, inclusive, and in grades 7 to 12, inclusive.

This bill would begin delete express the intent of the Legislature to enact legislation that would encourage greater innovation and expansion of blended learning models by removing barriers to innovation and accommodating new structures of operations that recognize the unique circumstances and challenges of effective blended learning programs. The bill also would make various findings and declarations end delete begin insert establish, commencing with the 2015-16 school year and continuing through the 2017-18 school year, the Blended Learning Pilot Program to be administered by the State Board of Education for the purpose of exploring various models of innovation and documenting best and promising practices in the emerging educational delivery model known as blended learning, as specified end insert .

begin insert

(2) Existing law authorizes the governing board of a school district or a county office of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, to request the state board to waive all or part of any section of the Education Code or any regulation of the state board that implements a provision of the Education Code that may be waived, except as specified.

end insert begin insert

This bill additionally would authorize a charter school to request the state board to waive all or part of any section of the Education Code or any regulation of the state board that implements a provision of the Education Code that may be waived, except as specified.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

SECTION 1.  

begin delete (a) end delete begin delete   end delete The Legislature finds and declares all of the
following:

begin delete

(1)

end delete

begin insert (a) end insert  Significant educational innovations are occurring throughout
the state in the emerging area of blended learning.

begin delete

(2)

end delete

begin insert (b) end insert  School districts, county offices of education, and charter
schools are offering a blended approach that integrates more
effective in-person instructional strategies with access to
technology-enabled learning opportunities inside and outside of
traditional classrooms.

begin delete

(3)

end delete

begin insert (c) end insert  Early results are showing that a blended learning
environment can improve pupil achievement, particularly for those
pupils with the greatest needs.

begin delete

(4)

end delete

begin insert (d) end insert  These programs, however, are not well-supported by the
existing statutory and regulatory structure that was designed for
programs to operate either as fully traditional seat-time or fully
independent study.

begin delete

(5)

end delete

begin insert (e) end insert  Constraints placed on blended learning programs limit their
ability to further innovate and better serve the highest-need pupils.

begin delete

(6)

end delete

begin insert (f) end insert  Changes are needed to ensure both school districts and charter
schools may expand innovation of blended learning models.

begin delete

(b) It is the intent of the Legislature to enact legislation that
would encourage greater innovation and expansion of blended
learning models by removing barriers to innovation and
accommodating new structures of operations that recognize the
unique circumstances and challenges of effective blended learning
programs.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 33052.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

33052.5.  

For purposes of this article, “school district” shall
include county offices of education begin insert and charter schools end insert .

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Chapter 8.7 (commencing with Section 52280) is added
to Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 8.7. end insert Blended Learning Pilot Program

 

begin insert 52280. end insert   

For purposes of this chapter, the following terms have
the following meanings:

(a) “Blended learning” means a formal education program in
which a pupil learns at least in part through online delivery of
content and instruction with some element of pupil control over
time, place, and pace and at least in part at a supervised location
away from home.

(b) “Pilot program” means the Blended Learning Pilot Program
established pursuant to this chapter.

begin insert 52281. end insert   

(a) The Blended Learning Pilot Program is hereby
established and shall be administered by the state board to explore
various models of innovation and document best and promising
practices in the emerging educational delivery model known as
blended learning.

(b) Commencing with the 2015-16 school year, the pilot
program shall operate for three school years. The state board shall
establish an application process and timeline to ensure pilot
program participants are selected and applicable waivers are
approved before the commencement of the 2015-16 school year.

(c) The state board may solicit and receive grants from private
not-for-profit foundations and organizations for purposes of
funding the administration of the pilot program.

begin insert 52282. end insert   

(a) A school district, county office of education, charter
school, or charter school management organization may apply to
the state board to participate in the pilot program. A single
applicant may include more than one school if each school in a
single application shares a common educational model and
administrative structure.

(b) Each application shall be submitted to the state board in
writing and, at a minimum, shall include all of the following:

(1) A written proposal describing the blended learning program
offered by the applicant and the specific pupil population served
by the applicant.

(2) Evidence of the applicant’s track record of success in
operating a blended learning program.

(3) Evidence of the applicant’s track record of success in serving
the target pupil population, and particularly in closing the
achievement gap for high-need pupils, including English learners,
pupils living in poverty, foster youth, and other pupil subgroups
identified as underperforming.

(4) The applicant’s plan for documenting and reporting to the
state board on its promising practices and pupil outcomes during
the term of the pilot program, including specific educational goals
and outcomes that align with the applicant’s local control and
accountability plan, adopted pursuant to Article 4.5 (commencing
with Section 52060) of Chapter 6.1.

(5) A description of any partnerships the applicant has
developed with individuals and organizations outside of the
applicant organization, including, but not limited to, blended
learning policy and research entities, academic institutions,
educational technology experts, community organizations, and
local employers.

(6) Evidence of support for the application by individuals and
organizations outside of the applicant organization, including, but
not limited to, blended learning policy and research entities,
academic institutions, educational technology experts, community
organizations, and local employers.

(7) The name and address of each school included in the
application.

(8) A description of specific statutes for which the applicant
requests a waiver in accordance with Section 52284 and Article
3 (commencing with Section 33050) of Chapter 1 of Part 20 of
Division 2, if any. The waiver request shall include a description
of the educational benefit to be achieved as a result of the waiver
and any alternative conditions, procedures, or requirements that
may be applied as an alternative to the statutes proposed to be
waived.

begin insert 52283. end insert   

The state board shall select up to 20 applicants to
participate in the pilot program. In evaluating and selecting pilot
program participants, the state board shall consider all of the
application criteria listed in Section 52282 and all of the following:

(a) The overall viability of the applicant’s blended learning
model and the applicant’s likelihood to successfully achieve desired
outcomes for the pupils enrolled in the pilot program.

(b) The degree to which the applicant can demonstrate early
success with employing innovation in the field of blended learning.

(c) The degree of rigor and reasonableness of the goals and
outcomes the applicant has defined for the pilot program.

(d) The degree to which the total selected participant pool
reflects a range of blended learning models and structures of
service delivery.

begin insert 52284. end insert   

(a) The state board may amend a waiver request
submitted by an applicant pursuant to Section 52282, consider
alternative waivers, or impose additional terms on an applicant
as a condition of a waiver receipt at the state board’s discretion.
Nothing in this chapter shall require the state board to approve a
waiver requested by an applicant.

(b) An applicant for the pilot program shall be deemed a school
district for the purposes of requesting and receiving waivers
authorized pursuant to Article 3 (commencing with Section 33050)
of Chapter 1 of Part 20 of Division 2. Applicants for the pilot
program may request, and the state board may approve, waivers
subject to any alternative oversight or conditions determined by
the state board. An approved waiver shall further the intent of the
pilot program to offer greater flexibility to further innovation and
pupil achievement in blended learning programs and may include,
but not be limited to, waivers that achieve any of the following:

(1) Recognize and offer flexibility on existing operational
barriers that constrain innovation in blended learning programs.

(2) Allow alternative class structures and instructional delivery
models.

(3) Support structures that promote individualized instruction
in a blended learning online and schoolsite environment.

(c) A charter school participating in the pilot program shall be
exempt from the funding determination process and
classroom-based instruction criteria established in subdivisions
(d) and (e) of Section 47612.5, Section 47634.2, and any
implementing regulations.

(d) A charter school participating in the pilot program shall
notify its authorizing entity of its participation in the pilot program
and shall provide the authorizing entity a copy of any waiver that
is approved as a result of participation. Participation in the pilot
program and approval of an associated waiver shall not be
considered a material revision to the school’s charter.

begin insert 52285. end insert   

The state board may terminate the participation of a
participant in the pilot program, and any associated waivers, for
good cause, as determined by the state board at a public meeting
at any time.

begin insert 52286. end insert   

(a) At the end of each school year, a school
participating in the pilot program shall submit a report to the state
board on its progress and outcomes in accordance with format
and content requirements and timeline as determined by the state
board.

(b) (1) No later than December 31, 2018, the state board shall
submit a report to the Legislature on the results of the pilot
program, including recommendations on whether to continue any
of the waivers for the schools that participated in the pilot program
and whether any other changes in the law are supported as a result
of the outcomes achieved in the participating schools.

(2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government
Code.

begin insert 52287. end insert   

This chapter shall remain in effect only until January
1, 2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.

end insert