Amended in Senate May 7, 2013

Amended in Senate April 15, 2013

Amended in Senate April 1, 2013

Senate Bill No. 714

Introduced by Senator Block

February 22, 2013

An act to add begin insert and repeal end insert Sections 46308 and 46309 begin delete to end delete begin insert of end insert the Education Code, relating to schools.

LEGISLATIVE COUNSEL’S DIGEST

SB 714, as amended, Block. Schools: average daily attendance: online instruction.

Existing law establishes the public elementary and secondary school system in this state, and further establishes a funding system pursuant to which the state apportions funds to local educational agencies based on, among other factors, the average daily attendance of pupils at the schools operated by those agencies. Existing law authorizes, commencing with the 2014-15 school year, for purposes of computing average daily attendance, the inclusion of pupils in grades 9 to 12, inclusive, under the immediate supervision and control of a certificated employee of the school district or county office of education who is delivering synchronous, online instruction, as defined, provided that this instruction meets specified criteria.

This bill, separate from the authority related to online instruction described above begin insert , subject to the adoption by the Superintendent of Public Instruction of implementing rules and regulations on or before January 1, 2015, end insert and commencing with the begin delete 2014-15 end delete begin insert 2015-16 end insert fiscal year, would authorize school districts, county offices of education, and charter schools that offer high-quality online education courses, as defined, to claim begin delete attendance toward average daily attendance end delete begin insert up to 10% of the total average daily attendance of pupils enrolled in grades 9 to 12, inclusive, end insert on the basis of a pupil’s satisfactory pupil progress toward obtaining a high school diploma by earning course credit through attendance in online educational learning programs, as defined. begin delete The bill would require the Superintendent of Public Instruction to adopt emergency regulations, on or before June 30, 2014, authorizing a school district, county office of education, or charter school to receive state apportionments for pupils enrolled in an online course or courses. end delete The bill would cap, as specified, the number of pupils a school district, county office of education, or charter school may enroll in an online course or courses begin delete , but would authorize an increase in that cap if the enrolled pupils are achieving or exceeding satisfactory pupil progress end delete . The bill would also require a school district, county office of education, or charter school that did not offer an online course or courses in the begin delete 2013-14 end delete begin insert 2014-15 end insert school year but chooses to enroll pupils in an online course or courses, to offer the course or courses at the beginning of the school year and to submit semiannual reports to the State Department of Education comparing the course credits earned by pupils enrolled in an online course or courses to the course credits earned by pupils enrolled in classroom-based courses.

The bill would authorize a school district, county office of education, or charter school that operates an online educational learning program to receive state apportionments begin insert for up to 10% of the total average daily attendance of pupils enrolled in grades 9 to 12, inclusive, end insert for 3 consecutive years and for an additional 3 years if semiannual reports are submitted, as described above, and the enrolled pupils are achieving satisfactory pupil progress. The bill would require a school district, county office of education, or charter school that enrolls pupils in an online course or courses to develop and adopt policies that evaluate if a pupil is achieving satisfactory pupil progress and if a pupil should be allowed to continue to enroll in the online educational learning program. The bill would require a participating school district, county office of education, or charter school to submit pupil records for review by the department that compare the course completion rate of pupils participating in the online educational learning program to the overall course completion rate for pupils enrolled in grades 9 to 12, inclusive, if the pupils participating in the online educational learning program are earning less than 75% of the course credits earned by pupils enrolled in classroom-based courses. The bill would require the department to develop a process authorizing a school district, county office of education, or charter school to reduce the state apportionment it receives for the online educational learning program if projected pupil enrollment or satisfactory pupil progress is not being achieved. The bill would authorize the department to reduce or eliminate the apportionments a school district, county office of education, or charter school receives for pupils participating in the online educational learning program if the participating pupils have not achieved satisfactory pupil progress or the semiannual reports are not submitted. The bill would authorize a school district, county office of education, or charter school to appeal a decision of the department to reduce or eliminate the state apportionments received for pupils participating in the online educational learning program.

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.  

Section 46308 is added to the Education Code,
to read:

46308.  

(a)  begin delete Commencing end delete begin insert Subject to subdivision (k) and
commencing end insert with the begin delete 2014-15 end delete begin insert 2015-16 end insert fiscal year, a school
district, county office of education, or charter school may claim begin insert ,
for up to 10 percent of the total average daily attendance of pupils
enrolled in grades 9 to 12, inclusive, in the school district, county
office of education, or charter school, end insert state apportionments
pursuant to Section 46309, on the basis of a pupil’s satisfactory
pupil progress toward obtaining a high school diploma by earning
course credit through attendance in online educational learning
programs. Online educational learning programs may include one
online course, multiple online courses, or a combination of online
coursework and classroom-based coursework. Online educational
learning programs shall be separate from online courses offered
pursuant to Section 46300.8. Pupils shall be eligible to participate
in online educational learning programs if all of the following
apply:

(1) The pupil is enrolled in grade 9, 10, 11, or 12.

(2) The pupil is a California resident.

(3) The pupil is enrolled in classes that include courses in a
classroom-based setting, courses that are offered through an online
program, or both.

(4) The pupil is not enrolled in a community day school or
juvenile court school.

(5) The pupil meets minimum instructional time requirements
pursuant to:

(A) Section 46141 and Section 46201, 46201.5, or 46202, as
applicable, for pupils enrolled in a noncharter school in a school
district or county office of education.

(B) Section 46170, for pupils enrolled in a continuation school.

(C) Section 46180, for pupils enrolled in an opportunity school.

(D) Subdivision (e) of Section 47612.5, for pupils enrolled in
a charter school.

(6) Each online course in which the pupil is enrolled is a
high-quality online course.

(b) For the purposes of this section, a “high-quality online
course” is defined as an online course that meets all of the
following requirements:

(1) The online course is approved by the governing board of
the school district or county office of education, or by the
governing body of the charter school.

(2) The online course is certified to meet the requirements of
this subdivision, through board resolution, by the governing board
of the school district or county office of education, or by the
governing body of the charter school.

(3) The online course is certified by the governing board of the
school district or county office of education, or by the governing
body of the charter school, as being as rigorous as a
classroom-based course and meeting or exceeding all relevant state
content standards.

(4) (A) A teacher teaching an online course or courses operated
pursuant to this section shall be accessible to each pupil enrolled
in the online course or courses to respond to pupil queries, assign
tasks, and dispense information. begin insert A teacher teaching an online
course shall provide timely feedback on communications for pupils
within 24 hours and timely feedback for assessing pupils’ work
within 72 hours for minor assignments and within one week for
major assignments, including, but not limited to, midterm and final
examinations, major projects, and compositions. end insert A teacher teaching
an online course shall employ begin delete at least one end delete begin insert all end insert of the following:

(i) Periodic proctored examinations.

(ii) Direct teacher-pupil meetings, in person, no less than twice
per calendar month.

(iii) A visual connection, including, but not limited to, an
Internet Web camera.

begin delete

(iv) Timely feedback on communications for pupils within 24
hours and timely feedback for assessing pupils’ work within 72
hours for minor assignments and within one week for major
assignments, including, but not limited to, midterm and final
examinations, major projects, and compositions.

end delete begin delete

(B)

end delete

begin insert (5) end insert  Specific minimum standards for teacher-pupil contact begin delete may end delete
begin insert shall end insert be determined through a collective bargaining agreement.

begin delete

(5)

end delete

begin insert (6) end insert  (A) The ratio of pupils enrolled in the online course who
are 18 years of age or younger to school district full-time equivalent
certificated employees who provide online instruction, to be
calculated in a manner prescribed by the department, shall not
exceed the equivalent ratio of pupils to full-time certificated
employees for all other educational programs operated by the
school district, unless a higher or lower ratio is negotiated in a
collective bargaining agreement.

(B) The ratio of pupils enrolled in the online course who are 18
years of age or younger to county office of education full-time
equivalent certificated employees who provide online instruction,
to be calculated in a manner prescribed by the department, shall
not exceed the equivalent ratio of pupils to full-time certificated
employees for all other educational programs operated by the high
school or unified school district with the greatest average daily
attendance of pupils in that county, unless a higher or lower ratio
is negotiated in a collective bargaining agreement.

begin delete

(C) The Superintendent may adopt rules and regulations for
purposes of implementing this paragraph.

end delete begin insert

(C) The computation of the ratios in subparagraphs (A) and (B)
shall be performed annually by the reporting agency at the time
of, and in connection with, the second principal apportionment
report to the Superintendent.

end insert begin delete

(6)

end delete

begin insert (7) end insert  When a classroom-based course of the same course title
exists within the school district, county office of education, or
charter school, the subject matter content of the online course shall
meet or exceed the content standards applied to the
classroom-based course.

begin delete

(7)

end delete

begin insert (8) end insert  The teacher of the online course holds the appropriate subject
matter credential and meets the requirements for a highly qualified
teacher pursuant to the federal No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.).

begin delete

(8)

end delete

begin insert (9) end insert  (A) Statewide testing results for pupils enrolled in an online
course or courses are reported and assigned to the school in which
the pupil is enrolled for classroom-based courses, and to any school
district or county office of education within which that school’s
testing results are aggregated.

(B) Statewide testing results for pupils enrolled in an online
course or courses may be disaggregated for purposes of comparing
the testing results of those pupils to the testing results of pupils
enrolled in classroom-based courses.

begin delete

(9)

end delete

begin insert (10) end insert  The online course is offered by a high school, continuation
school, county office of education, or charter school offering
instruction in any of grades 9 to 12, inclusive.

begin delete

(10)

end delete

begin insert (11) end insert  No pupil is assigned to the online course unless the pupil
voluntarily elects to participate in the online course and the parent
or guardian of the pupil provides written consent before the pupil
participates in the online course.

begin delete

(11)

end delete

begin insert (12) end insert  No pupil voluntarily electing to participate in the online
course is denied access because the pupil lacks the computer
hardware or software necessary to participate in the online course.

begin delete

(12)

end delete

begin insert (13) end insert  No pupil is charged for his or her participation in the online
course.

begin delete

(13)

end delete

begin insert (14) end insert  A pupil enrolled in the online course shall take
examinations by proctor, or other reliable methods used to ensure
test integrity, and there is a clear record of pupil work, using the
same method of documentation and assessment as used in a
classroom-based course.

(c) Nothing in this section shall affect a state board
determination made pursuant to Section 47612.5.

(d)  begin delete Satisfactory pupil progress, as defined in paragraph (4) of
subdivision (e), and compliance with the requirements of
subdivision (e), end delete begin insert Compliance with this section end insert shall be subject to
the audit conducted pursuant to Section 41020.

(e) (1) Each high-quality online course shall be deemed to be
an offering of 60 minutes for purposes of calculating instructional
time.

(2) A pupil shall not receive course credit for the same
high-quality online course more than once.

(3) A pupil enrolled in a high-quality online course shall be
credited with a day of attendance for each schoolday the pupil is
enrolled in the high-quality online course and in accordance with
paragraph (5) of subdivision (a).

(4) “Satisfactory pupil progress” means a pupil has earned at
least 60 course credits in a school year.

(f) To remain eligible for claiming and generating
apportionments, a pupil over 19 years of age enrolled in an online
course or courses shall be continuously enrolled in public school
and achieve satisfactory pupil progress, as defined in paragraph
(4) of subdivision (e), toward award of a high school diploma.

begin delete

(g) The Superintendent, on or before June 30, 2014, shall adopt
emergency regulations authorizing a school district, county office
of education, or charter school to receive state apportionments for
pupils enrolled in an online course or courses beginning in the
2014-15 fiscal year.

end delete begin delete

(h)

end delete

begin insert (g) end insert  To receive state apportionments, a school district, county
office of education, or charter school offering an online course or
courses meeting the requirements of subdivision (b) shall not be
required to meet the requirements of Article 5.5 (commencing with
Section 51745) of Chapter 5 of Part 28.

begin delete

(i)

end delete

begin insert (h) end insert  (1) A participating school district, county office of
education, or charter school shall receive state apportionments begin insert ,
for up to 10 percent of the total average daily attendance for pupils
enrolled in grades 9 to 12, inclusive, in the school district, county
office of education, or charter school, end insert for pupils enrolled in a
high-quality online course or courses begin insert , as defined in subdivision
(b), end insert based on the number of pupils enrolled in an online course or
courses in the begin delete 2013-14 end delete begin insert 2014-15 end insert school year, or the percentage of
pupils authorized to enroll in an online course or courses pursuant
to paragraph (2), whichever is greater.

(2) A participating school district, county office of education,
or charter school that did not offer an online course or courses in
the begin delete 2013-14 end delete begin insert 2014-15 end insert school year shall receive state
begin delete apportionments end delete begin insert apportionments, end insert for up to 10 percent of the total
average daily attendance of pupils enrolled in grades 9 to 12,
inclusive, begin insert of the school district, county office of education, or
charter school, end insert if all of the following conditions are met:

(A) A participating school district, county office of education,
or charter school satisfies the requirements of subdivisions (a) and
(b).

(B) A participating school district, county office of education,
or charter school offers the online course or courses at the
beginning of the school year and demonstrates that at least the
same number of pupils that the school district, county office of
education, or charter school is eligible to receive state
apportionments for under an online educational learning program
are actually enrolled in the online course or courses.

(C) The participating school district, county office of education,
or charter school submits a semiannual report to the department
comparing the course credits earned by pupils enrolled in an online
course or courses to course credits earned by pupils enrolled in
classroom-based courses.

begin delete

(j)

end delete

begin insert (i) end insert  For purposes of this section, “online educational learning
program” means a program of study that may include any
combination of courses where the teacher and the pupil are online
at the same time or are online at different times and do not interact
simultaneously. A pupil may enroll in online courses,
classroom-based courses, or a combination of both, during a
schoolday to complete the pupil’s established program of study
that satisfies the requirement of achieving satisfactory pupil
progress toward obtaining a high school diploma by earning course
credits.

begin delete

(k)

end delete

begin insert (j) end insert  No provision of this section shall be waived unless the waiver
is specifically authorized in statute.

begin insert

(k) The Superintendent, on or before January 1, 2015, shall
adopt rules and regulations implementing this section.

end insert begin insert

(l) This section shall become inoperative on June 30, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 2.  

Section 46309 is added to the Education Code, to read:

46309.  

(a)  begin delete A end delete begin insert Subject to subdivision (g), a end insert school district,
county office of education, or charter school that operates an online
educational learning program is eligible to receive state
apportionments begin insert for up to 10 percent of the total average daily
attendance of pupils enrolled in grades 9 to 12, inclusive, of the
school district, county office of education, or charter school end insert ,
pursuant to Section 46308, for three consecutive years. A school
district, county office of education, or charter school is eligible to
receive state apportionments for an additional three years if the
school district, county office of education, or charter school submits
the semiannual reports described in subparagraph (C) of paragraph
(2) of subdivision begin delete (i) end delete begin insert (h) end insert of Section 46308, and the pupils enrolled
in the online course or courses are achieving satisfactory pupil
progress, as defined in paragraph (4) of subdivision (e) of Section
46308.

begin delete

(b) A participating school district, county office of education,
or charter school may increase the number of pupils participating
in the online educational learning program by up to 100 percent
of the number of pupils participating in the first year if the pupils
participating in the online educational learning program achieve
or exceed satisfactory pupil progress, as defined in paragraph (4)
of subdivision (e) of Section 46308. The department shall make
this determination.

(c)

end delete

begin insert (b) end insert  A participating school district, county office of education,
or charter school shall develop and adopt policies that evaluate if
a pupil is achieving satisfactory pupil progress, as defined in
paragraph (4) of subdivision (e) of Section 46308, and if a pupil
should be allowed to continue to participate in the online
educational learning program.

begin delete

(d)

end delete

begin insert (c) end insert  If, in any year of participation, the pupils participating in an
online educational learning program offered by a school district,
county office of education, or charter school are earning less than
75 percent of the course credits earned by pupils enrolled in
classroom-based courses, the participating school district, county
office of education, or charter school shall submit pupil records
for review by the department that compare the course completion
rate of pupils participating in the online educational learning
program to the overall course completion rate for pupils enrolled
in grades 9 to 12, inclusive, in the participating school district,
county office of education, or charter school.

begin delete

(e)

end delete

begin insert (d) end insert  The department shall develop a process authorizing a school
district, county office of education, or charter school, to voluntarily
reduce the state apportionments received for the online educational
learning program if projected pupil enrollment is not achieved, or
the pupils are not achieving satisfactory pupil progress, as defined
in paragraph (4) of subdivision (e) of Section 46308.

begin delete

(f)

end delete

begin insert (e) end insert  The department may reduce or eliminate the state
apportionments a participating school district, county office of
education, or charter school receives for pupils participating in an
online educational learning program if the pupils have not achieved
satisfactory pupil progress, as defined in paragraph (4) of
subdivision (e) of Section 46308, for three consecutive years or
the school district, county office of education, or charter school
does not comply with the semiannual reporting requirements
described in subparagraph (C) of paragraph (2) of subdivision begin delete (i) end delete
begin insert (h) end insert of Section 46308. The department shall review the pupil
records of pupils participating in the online educational learning
program to make this determination. If the department decides to
eliminate the state apportionments a participating school district,
county office of education, or charter school receives for pupils
participating in an online educational learning program, the state
apportionments shall be eliminated in the year following the year
the department decides to eliminate the state apportionments. A
participating school district, county office of education, or charter
school may appeal to the state board the decision of the department
to reduce or eliminate the state apportionments a participating
school district, county office of education, or charter school
receives for pupils participating in an online educational learning
program.

begin insert

(f) Compliance with this section shall be subject to the audit
conducted pursuant to Section 41020.

end insert begin insert

(g) The Superintendent, on or before January 1, 2015, shall
adopt rules and regulations implementing this section.

end insert begin insert

(h) This section shall become inoperative on June 30, 2019,
and, as of January 1, 2020, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2020,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end insert