Amended in Assembly May 7, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2178, as amended, Levine. Pupil instruction: Blended Learning Pilot Program.

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(1) Existing

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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 establish, commencing with the 2015-16 school year and continuing through the 2017-18 school year, the Blended Learning Pilot Program begin insert , end insert 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 begin delete the emerging educational delivery model known as end delete blended learning, as begin delete specified. end delete begin insert defined. The bill would authorize school districts, county offices of education, charter schools, or charter school management organizations to apply to the state board to participate in the pilot program, would require the state board to select 20 to 30 schools to participate in the program based on specified application criteria, and would authorize the state board to solicit and receive grants from private entities for purposes of funding the administration of the pilot program. The bill would require the Superintendent of Public Instruction to contract with an educational research organization to study the pilot program, and to submit the results of the study to the state board no later than September 28, 2017. The bill would require the state board, no later than December 31, 2018, to submit a report to the Legislature on the results of the pilot program, as specified. end insert

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(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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

The Legislature finds and declares all of the
following:

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

(b) 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.

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

(d) 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.

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

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

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SEC. 2.  

Section 33052.5 of the Education Code is amended to
read:

33052.5.  

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

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begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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

 

Chapter  8.7. Blended Learning Pilot Program

 

52280.  

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.

52281.  

(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.

52282.  

(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 begin delete include end delete begin insert apply on behalf of end insert more than one begin delete school if
each school in a single application shares a common educational
model and administrative structure. end delete begin insert school. end insert

(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)  begin delete Evidence end delete begin insert If the applicant is currently operating a blended
learning program, evidence end insert 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 begin delete promising end delete 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 begin delete each school included in the
application. end delete begin insert the school. end insert

(8) A description of specific statutes for which the applicant
begin delete requests end delete begin insert is requesting end insert a waiver in accordance with begin delete Section 52284
and end delete 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.

52283.  

The state board shall select begin delete up to 20 applicants end delete begin insert no fewer
than 20 and no more than 30 schools end insert 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.

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(e) If the applicant is a charter school or charter school
management organization, recommendations of the charter
school’s chartering authority.

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(f) The degree to which the proposal establishes clear
expectations for sufficient pupil contact with, and access to,
certificated teachers.

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52284.  

(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. begin insert An approved waiver shall apply
only to the school selected to participate in the pilot program, and
only for the duration of the pilot program. end insert

(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.

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(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.

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(d)

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begin insert (c) end insert  A charter school begin delete participating end delete begin insert or charter school management
organization applying for participation end insert in the pilot program shall
begin delete notify its authorizing entity of its participation in the pilot program end delete
begin insert submit a copy of its application to the governing board of its
chartering authority for its review and recommendations, end insert and shall
provide the begin delete authorizing entity end delete begin insert chartering authority end insert 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 begin insert charter end insert school’s
charter.

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(d) Notwithstanding any waiver approved by the state board, a
school shall maintain an average teacher-to-pupil ratio in each
year participating in the pilot program that is no less than the
teacher-to-pupil ratio at the school in the 2013-14 school year.

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52285.  

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.

52286.  

(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.

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(b) The Superintendent shall contract with an educational
research organization to study the pilot program to determine its
effect on pupil achievement, to make recommendations regarding
whether or not state policy should further enable blended learning
programs, and to identify statutory changes, if any, that may be
needed to improve blended learning programs. The Superintendent
shall report the results of the study to the state board no later than
September 28, 2017.

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(b)

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begin insert (c) end insert  (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.

52287.  

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.