Amended in Assembly June 10, 2014

Amended in Senate April 30, 2014

Senate Bill No. 1143

Introduced by Senator Liu

February 20, 2014

An act to amend Sections 51745.6, begin insert 51747, end insert and 51747.5 of, and to add Sections 51749.5 and 51749.6 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. begin insert Existing law requires a written agreement, not to exceed one semester or end insert begin insert 1⁄2 end insert begin insert year for a school on a year-round calendar, to be signed by prescribed individuals, for each independent study pupil to be maintained on file. end insert

This bill begin insert would instead require that the signed written agreement not exceed one school year, and would allow the signed written agreement to be maintained on file electronically. The bill end insert 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 to pupils enrolled in kindergarten and grades 1 to 12, inclusive, 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 begin delete at least once per week end delete begin insert no less than twice per calendar month end insert 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 begin insert independent study end insert 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 specify the computation of average daily attendance for the begin insert independent study end insert courses described above. The bill would prohibit school districts, charter schools, and county offices of education from having to sign and date pupil work products when assessing their time value of pupil work products 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 51745.6 of the Education Code is
amended to read:

51745.6.  

(a) (1) The ratio of average daily attendance for
independent study pupils 18 years of age or less to school district
full-time equivalent certificated employees responsible for
independent study, begin delete by end delete begin insert for the applicable end insert 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 pupils 18 years
of age or less to county office of education full-time equivalent
certificated employees responsible for independent study, begin insert for the
applicable grade span, 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 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 Section 2575, for county
offices of education, and Section 42238.05, for school districts.
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 2575 or 42238.05, as applicable. begin insert If a
school district, charter school, or county office of education has
a memorandum of understanding to provide instruction in
coordination with the school district, charter school, or county
office of education at which a pupil is enrolled, then the applicable
grade span ratios that shall apply for purposes of this paragraph
are the ratios for the local educational agency providing the
independent study program to the pupil pursuant to Section
51749.5. 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 insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 51747 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

51747.  

A school district or county office of education shall not
be eligible to receive apportionments for independent study by
pupils, regardless of age, unless it has adopted written policies,
and has implemented those policies, pursuant to rules and
regulations adopted by the begin delete Superintendent of Public Instruction, end delete
begin insert Superintendent, end insert that include, but are not limited to, all of the
following:

(a) The maximum length of time, by grade level and type of
program, that may elapse between the time an independent study
assignment is made and the date by which the pupil must complete
the assigned work.

(b) The number of missed assignments that will be allowed
before an evaluation is conducted to determine whether it is in the
best interests of the pupil to remain in independent study, or
whether he or she should return to the 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.

(c) A requirement that a current written agreement for each
independent study pupil shall be maintained on file begin insert , end insert including, but
not limited to, all of the following:

(1) The manner, time, frequency, and place for submitting a
pupil’s assignments and for reporting his or her progress.

(2) The objectives and methods of study for the pupil’s work,
and the methods utilized to evaluate that work.

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

(4) A statement of the policies adopted pursuant to subdivisions
(a) and (b) regarding the maximum length of time allowed between
the assignment and the completion of a pupil’s assigned work, and
the number of missed assignments allowed begin delete prior to end delete begin insert before end insert an
evaluation of whether or not the pupil should be allowed to
continue in independent study.

(5) The duration of the independent study agreement, including
the beginning and ending dates for the pupil’s participation in
independent study under the agreement. No independent study
agreement shall be valid for any period longer than one begin delete semester,
or one-half year for a school on a year-round calendar. end delete begin insert school year. end insert

(6) A statement of the number of course credits or, for the
elementary grades, other measures of academic accomplishment
appropriate to the agreement, to be earned by the pupil upon
completion.

(7) The inclusion of a statement in each independent study
agreement that independent study is an optional educational
alternative in which no pupil may be required to participate. In the
case of a pupil who is referred or assigned to any school, class, or
program pursuant to Section 48915 or 48917, the agreement also
shall include the statement that instruction may be provided to the
pupil through independent study only if the pupil is offered the
alternative of classroom instruction.

(8)  begin insert (A) end insert begin insert   end insert Each written agreement shall be signed, begin delete prior to end delete begin insert before end insert
the commencement of independent study, by the pupil, the pupil’s
parent, legal guardian, or caregiver, if the pupil is less than 18
years of age, the certificated employee who has been designated
as having responsibility for the general supervision of independent
study, and all persons who have direct responsibility for providing
assistance to the pupil. For purposes of this paragraph “caregiver”
means a person who has met the requirements of Part 1.5
(commencing with Section 6550) of the Family Code.

begin insert

(B) A signed written agreement may be maintained on file
electronically.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. 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. 3. end delete
begin insert SEC. 4. 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 kindergarten
and grades 1 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 begin delete hearing, end delete begin insert meeting, end insert 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 51749.6.

(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, begin delete including end delete begin insert and shall be aligned
to end insert 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 begin delete at least once per week end delete begin insert no less than twice per
calendar month end insert 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 begin delete and assessments end delete 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 begin delete return to end delete begin insert be referred to an alternative program,
which may include, but is not limited to, end insert 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.

begin delete

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

end delete begin insert

(8) A proctor shall administer examinations.

end insert begin insert

(9) (A) Statewide testing results for pupils enrolled in any
course authorized pursuant to this section shall be reported and
assigned to the school or charter school at which the pupil is
enrolled, and to any school district, charter school, or county office
of education within which that school’s or charter school’s testing
results are aggregated.

end insert begin insert

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

end insert begin delete

(9)

end delete

begin insert (10) end insert  A pupil shall not be required to enroll in courses authorized
by this section.

begin delete

(10)

end delete

begin insert (11) end insert  The pupil-to-certificated-employee ratio limitations
established pursuant to Section 51745.6 are applicable to courses
authorized by this section.

begin delete

(11)

end delete

begin insert (12) end insert  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
begin delete applicable end delete minimum instructional day begin delete requirements. end delete begin insert requirements
applicable to the local educational agency. end insert 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. 4. end delete
begin insert SEC. 5. end insert   

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

51749.6.  

(a) Before enrolling a pupil in a course authorized
by Section 51749.5, 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, 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, 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 begin delete return to end delete begin insert be referred to an alternative program, which may
include, but is not limited to, end insert 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.

(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 pupil 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 begin delete years. end delete begin insert years and
as appropriate for auditing purposes. end insert

(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.