Amended in Assembly August 4, 2014

Amended in Assembly July 1, 2014

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 51749.5 and 51749.6 of the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law, notwithstanding any other law, and commencing with the 2015-16 school year, authorizes a school district, charter school, or county office of education to provide independent study courses for pupils enrolled in kindergarten and grades 1 to 12, inclusive, in accordance with prescribed conditions. begin insert Existing law provides for the computation of the average daily attendance for pupils enrolled in courses offered pursuant to these provisions. end insert Existing law requires the Superintendent of Public Instruction to conduct an evaluation, as provided, of independent study courses offered pursuant to these provisions and to report the findings to the Legislature and the Director of Finance no later than September 1, 2019.

This begin insert bill would revise the computation of the average daily attendance for those independent study courses by providing that if more than 10% of the total average daily attendance of a school district, charter school, or county office of education is claimed pursuant to those courses, then the average daily attendance for pupils enrolled in the courses that is in excess of 10% of the school district’s, charter school’s, or county office of education’s total average daily attendance shall be reduced, as specified. The end insert bill would delay the report date to no later than September 15, 2019. The bill also would make nonsubstantive changes.

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 51749.5 of the Education Code is
amended 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 meeting, 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, and shall be aligned to 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 no less than twice per calendar month 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 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 be referred to an alternative program, which may
include, but is not limited 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) A proctor shall administer examinations.

(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.

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

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

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

(12) 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
minimum instructional day requirements applicable to the local
educational agency. 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.

(13) Courses required for high school graduation or for
admission to the University of California or California State
University shall not be offered exclusively through independent
study.

(14) A pupil participating in independent study shall not be
assessed a fee prohibited by Section 49011.

(15) A pupil shall not be prohibited from participating in
independent study solely on the basis that he or she does not have
the materials, equipment, or Internet access that are necessary to
participate in the independent study course.

(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, and all other
requirements in this section have been met, 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 insert

(5) If more than 10 percent of the total average daily attendance
of a school district, charter school, or county office of education
is claimed pursuant to this section, then the amount of average
daily attendance for all pupils enrolled by that school district,
charter school, or county office of education in courses authorized
pursuant to this section that is in excess of 10 percent of the total
average daily attendance for the school district, charter school,
or county office of education shall be reduced by either (A) the
statewide average rate of absence for elementary school districts
for kindergarten and grades 1 to 8, inclusive, or (B) the statewide
average rate of absence for high school districts for grades 9 to
12, inclusive, as applicable, as calculated by the department for
the prior fiscal year, with the resultant figures and ranges rounded
to the nearest 10th.

end insert

(c) For purposes of this section, “equivalent total instructional
minutes” means the same number of minutes as required for an
equivalent classroom-based course.

begin insert

(d) Nothing in this section shall be deemed to prohibit the right
to collectively bargain any subject within the scope of
representation pursuant to Section 3543.2 of the Government Code.

end insert begin delete

(d)

end delete

begin insert (e) end insert  (1) The Superintendent shall conduct an evaluation of
independent study courses offered pursuant to this section and
report the findings to the Legislature and the Director of Finance
no later than September 15, 2019. The report shall, at a minimum,
compare the academic performance of pupils in independent study
with demographically similar pupils enrolled in equivalent
classroom-based courses.

(2) The requirement for submitting a report imposed under
paragraph (1) is inoperative on September 15, 2023, pursuant to
Section 10231.5 of the Government Code.

(3) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government
Code.

SEC. 2.  

Section 51749.6 of the Education Code is amended 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.

(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. 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 be referred to an alternative program, which may include, but
is not limited 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.

(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.

(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 and as
appropriate for auditing purposes.

(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.