Amended in Senate April 30, 2014

Senate Bill No. 1143

Introduced by Senator Liu

February 20, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

SB 1143, as amended, 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 begin delete and schoolsite-based blended learning courses end delete begin insert to pupils enrolled in kindergarten and grades 1 to 12, inclusive, end insert 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 begin delete provide, for purposes of the Charter Schools Act of 1992, that classroom-based instruction shall include courses described above. The bill would end delete specify the computation of average daily attendance for begin delete such courses, and end delete begin insert the courses described above. The bill end insert would prohibit school districts, charter schools, and county offices of education from having to sign and date pupil work products when assessing begin delete its end delete begin insert their end insert time value begin insert of pupil work products end insert 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:

begin delete

SECTION 1.  

Section 47612.5 of the Education Code is
amended to read:

47612.5.  

(a) Notwithstanding any other 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 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 state board
shall adopt regulations that apply this article to charter schools.
To the extent that these regulations concern the qualifications of
instructional personnel, the state board 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 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 state board. The determination for
funding shall be subject to any conditions or limitations the state
board may prescribe. The state board 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 state board 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 state board reviewed when initially determining
funding would not require material revision, as that term is defined
in regulations adopted by the state board. A charter school that has
achieved a rank of 6 or greater on the Academic Performance Index
for the two years immediately before 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 state board
reviewed when initially determining funding would not require
material revision, as that term is defined in regulations adopted by
the state board. Notwithstanding any law, the state board may
require a charter school to provide updated information at any time
it determines that a review of that information is necessary. The
state board may terminate a determination for funding if updated
or additional information requested by the state board is not made
available to the state 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 law, and as a condition of
apportionment, “classroom-based instruction” in a charter school,
for 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 (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.

(2) For purposes of this part, “nonclassroom instruction” or
“nonclassroom-based instruction” means instruction that does not
meet the requirements specified in paragraph (1). The state board
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 law, neither the state board, nor
the Superintendent may waive the requirements of paragraph (1)
of subdivision (a).

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 51745.6 of the Education Code is
amended to read:

51745.6.  

(a) (1) The ratio of average daily attendance for
independent study begin delete or schoolsite-based blended learning end delete pupils 18
years of age or less to school district full-time equivalent
certificated employees responsible for independent begin delete study or
schoolsite-based blended learning, end delete begin insert study, end insert by grade span, calculated
as specified 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 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. The ratio
of average daily attendance for independent study begin delete or
schoolsite-based blended learning end delete pupils 18 years of age or less
to county office of education full-time equivalent certificated
employees responsible for independent begin delete study or schoolsite-based
blended learning, end delete begin insert study, end insert 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 largest average daily attendance of pupils in that 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. The
computation of the ratios shall be performed annually by the
reporting agency at the time of, and in connection with, the second
principal apportionment report to the Superintendent.

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

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

(B) Grades 4 to 6, inclusive.

(C) Grades 7 to 8, inclusive.

(D) Grades 9 to 12, inclusive.

(b) Only those units of average daily attendance for independent
study begin delete or schoolsite-based blended learning end delete that reflect a
pupil-teacher ratio that does not exceed the applicable grade span
ratios described in subdivision (a) shall be eligible for
apportionment pursuant to begin insert Section 2575, for county offices of
education, and end insert Section 42238.05, for school begin delete districts, and Section
2575, for county offices of education. end delete begin insert districts. end insert 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 applicable grade span ratios described in subdivision (a),
except that those additional units shall not be funded pursuant to
Section begin delete 42238.05 or Section 2575. end delete begin insert 2575 or 42238.05, as
applicable. 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.

(d) The applicable pupils-to-certificated-employee grade span
ratios described in subdivision (a) may, in a charter school, be
calculated by using a fixed pupils-to-certificated-employee ratio
of 25 to 1, or by being a ratio of less than 25 pupils per certificated
employee. All charter school pupils, regardless of age, shall be
included in the applicable pupil-to-certificated-employee grade
span ratio calculations.

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

Section 51747.5 of the Education Code is amended to
read:

51747.5.  

(a) The independent study by each pupil shall be
coordinated, evaluated, and, notwithstanding subdivision (a) of
Section 46300, shall be under the general supervision of an
employee of the school district, charter school, 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 districts, charter schools, and county offices of
education may claim apportionment credit for independent study
only to the extent of the time value of pupil work products, as
personally judged in each instance by a certificated teacher.

(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.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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 begin delete grades 9 end delete
begin insert kindergarten and grades 1 end insert 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 begin delete 51749.7. end delete begin insert 51749.6. end insert

(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 schoolday
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 schoolday, 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 schoolday, 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 schoolday, add the sum of subparagraphs (A) and
(B).

(2) If subparagraph (C) of paragraph (1) meets applicable
minimum schoolday requirements for each schoolday, credit each
schoolday 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 schoolday 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.

begin delete

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.

end delete

begin delete SEC. 6. end delete
begin insert SEC. 4. end insert   

Section begin delete 51749.7 end delete begin insert 51749.6 end insert is added to the Education
Code, to read:

begin delete 51749.7. end delete
begin insert 51749.6. end insert   

(a) Before enrolling a pupil in a course authorized
by Section begin delete 51749.5 or 51749.6, end delete begin insert 51749.5, end insert 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 begin delete 51749.5 or 51749.6, end delete
begin insert 51749.5, end insert 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 begin delete 51749.5 or
51749.6, end delete begin insert 51749.5, end insert 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 begin delete 51749.5 or 51749.6. end delete begin insert 51749.5. end insert

(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 begin delete student end delete begin insert pupil end insert 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,
email, or other electronic means.