Senate Bill No. 1143

Introduced by Senator Liu

February 20, 2014

An act to amend Sections 47612.5, 51745.6 and 51747.5 of, and to add Sections 51749.5, 51749.6, and 51749.7 to, the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

SB 1143, as introduced, Liu. Pupil instruction: independent study.

(1) Existing law authorizes the governing board of a school district or a county office of education to offer independent study to meet the educational needs of pupils in accordance with prescribed criteria.

This bill would, notwithstanding any other law, and commencing with the 2015-16 school year, authorize a school district, county office of education, or charter school to offer independent study courses and schoolsite-based blended learning courses in accordance with prescribed conditions, including, among others, that the courses be taught under the general supervision of certificated employees who hold the appropriate subject matter credential, that courses are annually certified, by school district, charter school, or county office of education governing board or body resolution, to be of the same rigor and educational quality as equivalent classroom-based courses, and that certificated employees and each pupil shall communicate in-person, by telephone, or by any other live visual or audio connection at least once per week to assess whether each pupil is making satisfactory educational progress. The bill would also require that a signed learning agreement, as specified, be completed and on file. The bill would prohibit pupils from being required to enroll in the courses.

(2) Existing law requires the ratio of average daily attendance for independent study pupils 18 years of age or less to full-time equivalent certificated employees responsible for independent study to not exceed a specified ratio. Existing law authorizes school districts and county offices of education to claim apportionment credit for independent study only to the extent of the time value of pupil work product, as personally judged in each instance by a certificated teacher.

This bill would provide, for purposes of the Charter Schools Act of 1992, that classroom-based instruction shall include courses described above. The bill would specify the computation of average daily attendance for such courses, and would prohibit school districts, charter schools, and county offices of education from having to sign and date pupil work products when assessing its time value for apportionment purposes. The bill would also revise the pupil-to-teacher ratios by grade span, as specified.

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 47612.5 of the Education Code is
amended to read:

47612.5.  

(a) Notwithstanding any other begin delete provision of end delete law and
as a condition of apportionment, a charter school shall do all of
the following:

(1) For each fiscal year, offer, at a minimum, the following
number of minutes of instruction:

(A) To pupils in kindergarten, 36,000 minutes.

(B) To pupils in grades 1 to 3, inclusive, 50,400 minutes.

(C) To pupils in grades 4 to 8, inclusive, 54,000 minutes.

(D) To pupils in grades 9 to 12, inclusive, 64,800 minutes.

(2) Maintain written contemporaneous records that document
all pupil attendance and make these records available for audit and
inspection.

(3) Certify that its pupils have participated in the state testing
programs specified in Chapter 5 (commencing with Section 60600)
of Part 33 in the same manner as other pupils attending public
schools as a condition of apportionment of state funding.

(b) Notwithstanding any other begin delete provision of end delete law and except to
the extent inconsistent with this section and Section 47634.2, a
charter school that provides independent study shall comply with
Article 5.5 (commencing with Section 51745) of Chapter 5 of Part
28 and implementing regulations adopted thereunder. The begin delete State
Board of Education end delete begin insert state board end insert shall adopt regulations that apply
this article to charter schools. To the extent that these regulations
concern the qualifications of instructional personnel, the begin delete State
Board of Education end delete begin insert state board end insert shall be guided by subdivision (l)
of Section 47605.

(c) A reduction in apportionment made pursuant to subdivision
(a) shall be proportional to the magnitude of the exception that
causes the reduction. For purposes of paragraph (1) of subdivision
(a), for each charter school that fails to offer pupils the minimum
number of minutes of instruction specified in that paragraph, the
Superintendent shall withhold from the charter school’s
apportionment for average daily attendance of the affected pupils,
by grade level, the sum of that apportionment multiplied by the
percentage of the minimum number of minutes of instruction at
each grade level that the charter school failed to offer.

(d) (1) Notwithstanding any other begin delete provision of end delete law and except
as provided in paragraph (1) of subdivision (e), a charter school
that has an approved charter may receive funding for
nonclassroom-based instruction only if a determination for funding
is made pursuant to Section 47634.2 by the begin delete State Board of
Education. end delete begin insert state board. end insert The determination for funding shall be
subject to any conditions or limitations the begin delete State Board of
Education end delete begin insert state board end insert may prescribe. The begin delete State Board of Education end delete
begin insert state board end insert shall adopt regulations on or before February 1, 2002,
that define and establish general rules governing
nonclassroom-based instruction that apply to all charter schools
and to the process for determining funding of nonclassroom-based
instruction by charter schools offering nonclassroom-based
instruction other than the nonclassroom-based instruction allowed
by paragraph (1) of subdivision (e). Nonclassroom-based
instruction includes, but is not limited to, independent study, home
study, work study, and distance and computer-based education. In
prescribing any conditions or limitations relating to the
qualifications of instructional personnel, the begin delete State Board of
Education end delete begin insert state board end insert shall be guided by subdivision (l) of Section
47605.

(2) Except as provided in paragraph (2) of subdivision (b) of
Section 47634.2, a charter school that receives a determination
pursuant to subdivision (b) of Section 47634.2 is not required to
reapply annually for a funding determination of its
nonclassroom-based instruction program if an update of the
information the begin delete State Board of Education end delete begin insert state board end insert reviewed
when initially determining funding would not require material
revision, as that term is defined in regulations adopted by the begin insert state end insert
board. A charter school that has achieved a rank of 6 or greater on
the Academic Performance Index for the two years immediately
begin delete prior to end delete begin insert before end insert receiving a funding determination pursuant to
subdivision (b) of Section 47634.2 shall receive a five-year
determination and is not required to annually reapply for a funding
determination of its nonclassroom-based instruction program if an
update of the information the begin delete State Board of Education end delete begin insert state board end insert
reviewed when initially determining funding would not require
material revision, as that term is defined in regulations adopted by
the begin insert state end insert board. Notwithstanding any begin delete provision of end delete law, the begin delete State
Board of Education end delete begin insert state board end insert may require a charter school to
provide updated information at any time it determines that a review
of that information is necessary. The begin delete State Board of Education end delete
begin insert state board end insert may terminate a determination for funding if updated
or additional information requested by the begin insert state end insert board is not made
available to the begin insert state end insert board by the charter school within a
reasonable amount of time or if the information otherwise supports
termination. A determination for funding pursuant to Section
47634.2 may not exceed five years.

(3) A charter school that offers nonclassroom-based instruction
in excess of the amount authorized by paragraph (1) of subdivision
(e) is subject to the determination for funding requirement of
Section 47634.2 to receive funding each time its charter is renewed
or materially revised pursuant to Section 47607. A charter school
that materially revises its charter to offer nonclassroom-based
instruction in excess of the amount authorized by paragraph (1)
of subdivision (e) is subject to the determination for funding
requirement of Section 47634.2.

(e) (1) Notwithstanding any other begin delete provision of end delete law, and as a
condition of apportionment, “classroom-based instruction” in a
charter school, for begin delete the end delete purposes of this part, occurs only when
charter school pupils are engaged in educational activities required
of those pupils and are under the immediate supervision and control
of an employee of the charter school who possesses a valid teaching
certification in accordance with subdivision (l) of Section 47605.
For purposes of calculating average daily attendance for
classroom-based instruction apportionments, at least 80 percent
of the instructional time offered by the charter school shall be at
the schoolsite, and the charter school shall require the attendance
of all pupils for whom a classroom-based apportionment is claimed
at the schoolsite for at least 80 percent of the minimum
instructional time required to be offered pursuant to paragraph (1)
of subdivision begin delete (a) of Section 47612.5. end delete begin insert (a). For purposes of this
part, “classroom-based instruction” includes independent study
courses and schoolsite-based courses authorized pursuant to
Sections 51749.5 and 51749.6, respectively. end insert

(2) For begin delete the end delete purposes of this part, “nonclassroom instruction” or
“nonclassroom-based instruction” means instruction that does not
meet the requirements specified in paragraph (1). The begin delete State Board
of Education end delete begin insert state board end insert may adopt regulations pursuant to
paragraph (1) of subdivision (d) specifying other conditions or
limitations on what constitutes nonclassroom-based instruction,
as it deems appropriate and consistent with this part.

(3) For purposes of this part, a schoolsite is a facility that is used
principally for classroom instruction.

(4) Notwithstanding any other begin delete provision of end delete law, neither the begin delete State
Board of Education, end delete begin insert state board, end insert nor the Superintendent may waive
the requirements of paragraph (1) of subdivision (a).

SEC. 2.  

Section 51745.6 of the Education Code is amended to
read:

51745.6.  

(a)  begin insert (1) end insert begin insert   end insert The ratio of average daily attendance for
independent study begin insert or schoolsite-based blended learning end insert pupils 18
years of age or less to school district full-time equivalent
certificated employees responsible for independent begin delete study, end delete begin insert study
or schoolsite-based blended learning, by grade span, end insert calculated
as specified by the begin delete State Department of Education, end delete begin insert department, end insert
shall not exceed the equivalent ratio of pupils to full-time
certificated employees for all other educational programs operated
by the school begin delete district. end delete begin insert district for the applicable grade span, unless
a new higher or lower grade span ratio for all other educational
programs offered within the respective grade span is negotiated
in a collective bargaining agreement or a memorandum of
understanding is entered into that indicates an existing collective
bargaining agreement contains an alternative grade span ratio
for the applicable grade span. end insert The ratio of average daily attendance
for independent study begin insert or schoolsite-based blended learning end insert pupils
18 years of age or less to county office of education full-time
equivalent certificated employees responsible for independent
begin delete study, end delete begin insert study or schoolsite-based blended learning, end insert to be calculated
in a manner prescribed by the begin delete State Department of Education, end delete
begin insert department, end insert 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
largest average daily attendance of pupils in that begin delete county. end delete begin insert county
for the applicable grade span, unless a new higher or lower grade
span ratio for all other educational programs offered within the
respective grade span is negotiated in a collective bargaining
agreement or a memorandum of understanding is entered into that
indicates an existing collective bargaining agreement contains an
alternative grade span ratio for the applicable grade span. end insert The
computation of begin delete those end delete begin insert the end insert ratios shall be performed annually by the
reporting agency at the time of, and in connection with, the second
principal apportionment report to the begin delete Superintendent of Public
Instruction. end delete begin insert Superintendent. end insert

begin insert

(2) For purposes of this section, the following grade spans shall
apply:

end insert begin insert

(A) Kindergarten and grades 1 to 3, inclusive.

end insert begin insert

(B) Grades 4 to 6, inclusive.

end insert begin insert

(C) Grades 7 to 8, inclusive.

end insert begin insert

(D) Grades 9 to 12, inclusive.

end insert

(b) Only those units of average daily attendance for independent
study begin insert or schoolsite-based blended learning end insert that reflect a
pupil-teacher ratio that does not exceed the begin delete ratio end delete begin insert applicable grade
span ratios end insert described in subdivision (a) shall be eligible for
apportionment pursuant to Section begin delete 42238.5, end delete begin insert 42238.05, end insert for school
districts, and Section begin delete 2558, end delete begin insert 2575, end insert for county offices of education.
Nothing in this section shall prevent a school district or county
office of education from serving additional units of average daily
attendance greater than the begin delete ratio end delete begin insert applicable grade span ratios end insert
described in subdivision (a), except that those additional units shall
not be funded pursuant to Section begin delete 42238.5 end delete begin insert 42238.05 end insert or Section
begin delete 2558. end delete begin insert 2575. end insert

(c) The calculations performed for purposes of this section shall
not include either of the following:

(1) The average daily attendance generated by special education
pupils enrolled in special day classes on a full-time basis, or the
teachers of those classes.

(2) The average daily attendance or teachers in necessary small
schools that are eligible to receive funding pursuant to Article 4
(commencing with Section 42280) of Chapter 7 of Part 24.

begin delete

(d) The pupil-teacher ratio described in subdivision (a) in a
unified school district participating in the class size reduction
program pursuant to Chapter 6.10 (commencing with Section
52120) may, at the school district’s option, be calculated separately
for kindergarten and grades 1 to 6, inclusive, and for grades 7 to
12, inclusive.

end delete begin delete

(e)

end delete

begin insert (d) end insert  The begin insert applicable end insert pupils-to-certificated-employee begin delete ratio end delete begin insert grade
span ratios end insert described in subdivision (a) may, in a charter school,
be calculated by using a fixed pupils-to-certificated-employee ratio
of 25 to one, or by being a ratio of less than 25 pupils per
certificated employee. All charter school pupils, regardless of age,
shall be included in begin insert the applicable end insert pupil-to-certificated-employee
begin insert grade span end insert ratio calculations.

SEC. 3.  

Section 51747.5 of the Education Code is amended to
read:

51747.5.  

(a) The independent study by each pupil begin delete or student end delete
shall be coordinated, evaluated, and, notwithstanding subdivision
(a) of Section 46300, shall be under the general supervision of an
employee of the school begin delete district end delete begin insert district, charter school, end insert or county
office of education who possesses a valid certification document
pursuant to Section 44865 or an emergency credential pursuant to
Section 44300, registered as required by law.

(b) School begin delete districts end delete begin insert districts, charter schools, end insert and county offices
of education may claim apportionment credit for independent study
only to the extent of the time value of pupil begin delete or student end delete work
products, as personally judged in each instance by a certificated
teacher.

begin insert

(c) For purposes of this section, school districts, charter schools,
and county offices of education shall not be required to sign and
date pupil work products when assessing the time value of pupil
work products for apportionment purposes.

end insert

SEC. 4.  

Section 51749.5 is added to the Education Code, to
read:

51749.5.  

(a) Notwithstanding any other law, and commencing
with the 2015-16 school year, a school district, charter school, or
county office of education may, for pupils enrolled in grades 9 to
12, inclusive, provide independent study courses pursuant to the
following conditions:

(1) The governing board or body of a participating school
district, charter school, or county office of education adopts
policies, at a public hearing, that comply with the requirements of
this section and any applicable regulations adopted by the state
board.

(2) A signed learning agreement is completed and on file
pursuant to Section 51749.7.

(3) Courses are taught under the general supervision of
certificated employees who hold the appropriate subject matter
credential pursuant to Section 44300 or 44865, or subdivision (l)
of Section 47605, meet the requirements for highly qualified
teachers pursuant to the federal No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.), and are employed by the school
district, charter school, or county office of education at which the
pupil is enrolled, or by a school district, charter school, or county
office of education that has a memorandum of understanding to
provide the instruction in coordination with the school district,
charter school, or county office of education at which the pupil is
enrolled.

(4) (A) Courses are annually certified, by school district, charter
school, or county office of education governing board or body
resolution, to be of the same rigor and educational quality as
equivalent classroom-based courses, including all relevant local
and state content standards.

(B) This certification shall, at a minimum, include the duration,
number of equivalent daily instructional minutes for each school
day that a pupil is enrolled, number of equivalent total instructional
minutes, and number of course credits for each course. This
information shall be consistent with that of equivalent
classroom-based courses.

(5) Pupils enrolled in courses authorized by this section shall
meet the applicable age requirements established pursuant to
Sections 46300.1, 46300.4, 47612, and 47612.1.

(6) Pupils enrolled in courses authorized by this section shall
meet the applicable residency and enrollment requirements
established pursuant to Sections 46300.2, 47612, 48204, and
51747.3.

(7) (A) Certificated employees and each pupil shall
communicate in-person, by telephone, or by any other live visual
or audio connection at least once per week to assess whether each
pupil is making satisfactory educational progress.

(B) For purposes of this section, satisfactory educational
progress includes, but is not limited to, applicable statewide
accountability measures and assessments and the completion of
assignments, examinations, or other indicators that evidence that
the pupil is working on assignments, learning required concepts,
and progressing toward successful completion of the course, as
determined by certificated employees providing instruction.

(C) If satisfactory educational progress is not being made,
certificated employees providing instruction shall notify the pupil
and, if the pupil is less than 18 years of age, the pupil’s parent or
legal guardian, and conduct an evaluation to determine whether it
is in the best interest of the pupil to remain in the course or whether
he or she should return to a regular school program. A written
record of the findings of an evaluation made pursuant to this
subdivision shall be treated as a mandatory interim pupil record.
The record shall be maintained for a period of three years from
the date of the evaluation and, if the pupil transfers to another
California public school, the record shall be forwarded to that
school.

(D) Written or computer-based evidence of satisfactory
educational progress, as defined in subparagraph (B), shall be
retained for each course and pupil. At a minimum, this evidence
shall include a grade book or summary document that, for each
course, lists all assignments, examinations, and associated grades.

(8) Examinations given to pupils shall include a proctor or other
reliable method to ensure exam integrity.

(9) A pupil shall not be required to enroll in courses authorized
by this section.

(10) The pupil-to-certificated employee ratio limitations
established pursuant to Section 51745.6 are applicable to courses
authorized by this section.

(11) For each pupil, the combined equivalent daily instructional
minutes for enrolled courses authorized by this section and enrolled
courses authorized by all other laws and regulations shall meet the
applicable minimum instructional day requirements. Pupils enrolled
in courses authorized by this section shall be offered the minimum
annual total equivalent instructional minutes pursuant to Sections
46200 to 46208, inclusive, and Section 47612.5.

(b) For purposes of computing average daily attendance for
each pupil enrolled in one or more courses authorized by this
section, the following computations shall apply:

(1) (A) For each school day, add the combined equivalent daily
instructional minutes, as certified in paragraph (4) of subdivision
(a), for courses authorized by this section in which the pupil is
enrolled.

(B) For each school day, add the combined daily instructional
minutes of courses authorized by all other laws and regulations in
which the pupil is enrolled and for which the pupil meets applicable
attendance requirements.

(C) For each school day, add the sum of subparagraphs (A) and
(B).

(2) If subparagraph (C) of paragraph (1) meets applicable
minimum school day requirements for each school day, credit each
school day that the pupil is demonstrating satisfactory educational
progress pursuant to the requirements of this section, with up to
one school day of attendance.

(3) (A) Using credited school day attendance pursuant to
paragraph (2), calculate average daily attendance pursuant to
Section 41601 or 47612, whichever is applicable, for each pupil.

(B) The average daily attendance computed pursuant to this
subdivision shall not result in more than one unit of average daily
attendance per pupil.

(4) Notwithstanding any other law, average daily attendance
computed for pupils enrolled in courses authorized by this section
shall not be credited with average daily attendance other than what
is specified in this section.

SEC. 5.  

Section 51749.6 is added to the Education Code, to
read:

51749.6.  

(a) Notwithstanding any other law, and commencing
with the 2015-16 school year, a school district, charter school, or
county office of education may, for pupils enrolled in kindergarten
and grades 1 to 12, inclusive, provide schoolsite-based blended
learning courses pursuant to the following conditions:

(1) The governing board or body of a participating school
district, charter school, or county office of education adopts
policies, at a public hearing, that comply with the requirements of
this section and any applicable regulations adopted by the state
board.

(2) A signed learning agreement is completed and on file
pursuant to Section 51749.7.

(3) (A) Courses are taught under the general supervision of
certificated employees who hold the appropriate subject matter
credential pursuant to Section 44300 or 44865, or subdivision (l)
of Section 47605, meet the requirements for highly qualified
teachers pursuant to the federal No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.), and are employed by the school
district, charter school, or county office of education at which the
pupil is enrolled.

(B) Pupils must be at a physical schoolsite each day school is
in session and under the immediate supervision of a school district,
charter school, or county office of education paraprofessional, as
defined in Section 44392, in coordination with the certificated
employee teaching the course or under the immediate supervision
of the certificated employee teaching the course.

(4) (A) Courses are annually certified, through school district,
charter school, or county office of education governing board or
body resolution, to be of the same rigor and educational quality
as equivalent classroom-based courses including all relevant local
and state content standards.

(B) This certification shall, at a minimum, include the duration,
number of equivalent daily instructional minutes for each school
day that a pupil is enrolled, number of equivalent total instructional
minutes, and number of course credits for each course. This
information shall be consistent with that of equivalent
classroom-based courses.

(5) Pupils enrolled in courses authorized by this section shall
meet the applicable age requirements established pursuant to
Sections 46300.1, 46300.4, 47612, and 47612.1.

(6) Pupils enrolled in courses authorized by this section shall
meet the applicable residency and enrollment requirements
established pursuant to Sections 46300.2, 47612, 48204, and
51747.3.

(7) (A) Certificated employees and each pupil shall
communicate in-person, by telephone, or by any other live visual
or audio connection at least once per week to assess whether each
pupil is making satisfactory educational progress.

(B) For purposes of this section, satisfactory educational
progress includes, but is not limited to, applicable statewide
accountability measures and assessments and the completion of
assignments, examinations, or other indicators that evidence that
the pupil is working on assignments, learning required concepts,
and progressing toward successful completion of the course, as
determined by certificated employees providing instruction.

(C) If satisfactory educational progress is not being made,
certificated employees providing instruction shall notify the pupil
and, if the pupil is less than 18 years of age, the pupil’s parent or
legal guardian, and conduct an evaluation to determine whether it
is in the best interest of the pupil to remain in the course or whether
he or she should return to a regular school program. A written
record of the findings of any evaluation made pursuant to this
subdivision shall be treated as a mandatory interim pupil record.
The record shall be maintained for a period of three years from
the date of the evaluation and, if the pupil transfers to another
California public school, the record shall be forwarded to that
school.

(D) Written or computer-based evidence of satisfactory
educational progress, as defined in subparagraph (B), shall be
retained for each course and pupil. At a minimum, this evidence
shall include a grade book or summary document that, for each
course, lists all assignments, examinations, and associated grades.

(8) Examinations given to pupils shall include a proctor or other
reliable method to ensure exam integrity.

(9) A pupil shall not be required to enroll in the courses
authorized by this section.

(10) The pupil-to-certificated employee ratio limitations
established pursuant to Section 51745.6 are applicable to courses
authorized by this section.

(11) For each pupil, the combined equivalent daily instructional
minutes for enrolled courses authorized by this section and enrolled
courses authorized by all other laws and regulations shall meet
applicable minimum instructional day requirements. Pupils enrolled
in courses authorized by this section shall be offered the minimum
annual total equivalent instructional minutes pursuant to Sections
46200 to 46208, inclusive, and Section 47612.5.

(b) For purposes of computing average daily attendance for
each pupil enrolled in one or more courses authorized by this
section, the following computations shall apply:

(1) (A) For each school day, add the combined equivalent daily
instructional minutes, as certified in paragraph (4) of subdivision
(a), for courses authorized by this section in which the pupil is
enrolled, at a physical schoolsite, and under the immediate
supervision specified in subparagraph (B) of paragraph (3) of
subdivision (a).

(B) For each school day, add the combined daily instructional
minutes of courses authorized by any other law or regulation in
which the pupil is enrolled and for which the pupil meets the
applicable attendance requirements.

(C) For each school day, add the sum of subparagraphs (A) and
(B).

(2) If subparagraph (C) of paragraph (1) meets applicable
minimum school day requirements for each school day, credit each
school day that the pupil is demonstrating satisfactory educational
progress pursuant to the requirements of this section and attends
school at a physical schoolsite under the immediate supervision,
as specified in subparagraph (B) of paragraph (3) of subdivision
(a), with up to one school day of attendance.

(3) (A) Using credited school day attendance pursuant to
paragraph (2), calculate the average daily attendance pursuant to
Section 41601 or 47612, whichever is applicable, for each pupil.

(B) The average daily attendance computed pursuant to this
subdivision shall not result in more than one unit of average daily
attendance per pupil.

(4) Notwithstanding any other law, average daily attendance
computed for pupils enrolled in courses authorized by this section
shall not be credited with average daily attendance other than what
is specified in this section.

SEC. 6.  

Section 51749.7 is added to the Education Code, to
read:

51749.7.  

(a) Before enrolling a pupil in a course authorized
by Section 51749.5 or 51749.6, each school district, charter school,
or county office of education shall provide the pupil and, if the
pupil is less than 18 years of age, the pupil’s parent or legal
guardian, with a written learning agreement that includes all of
the following:

(1) A summary of the policies and procedures adopted by the
governing board or body of the school district, charter school, or
county office of education pursuant to Section 51749.5 or 51749.6,
as applicable.

(2) The duration of the enrolled course or courses, the duration
of the learning agreement, and the number of course credits for
each enrolled course consistent with the certifications adopted by
the governing board or body of the school district, charter school,
or county office of education pursuant to Section 51749.5 or
51749.6, as applicable. The duration of a learning agreement shall
not exceed a school year or span multiple school years.

(3) The learning objectives and expectations for each course,
including, but not limited to, a description of how satisfactory
educational progress is measured and when a pupil evaluation is
required to determine whether the pupil should remain in the course
or return to a regular school program.

(4) The specific resources, including materials and personnel,
that will be made available to the pupil.

(5) A statement that the pupil is not required to enroll in courses
authorized pursuant to Section 51749.5 or 51749.6.

(b) (1) The learning agreement shall be signed by the pupil and,
if the pupil is less than 18 years of age, the pupil’s parent or legal
guardian, and all certificated employees providing instruction
before instruction may commence.

(2) The signed learning agreement constitutes permission from
a pupil’s parent or legal guardian, if the student is less than 18
years of age, for the pupil to receive instruction through
independent study or schoolsite-based blended learning, as
applicable.

(3) A physical or electronic copy of the signed learning
agreement shall be retained by the school district, county office
of education, or charter school for at least three years.

(4) For purposes of this section, an electronic copy includes a
computer or electronic stored image of an original document,
including, but not limited to, portable document format, JPEG, or
other digital image file type, that may be sent via fax machine,
e-mail, or other electronic means.