BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  SB 1143
          Author:   Liu (D)
          Amended:  4/30/14
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  7-0, 4/24/14
          AYES:  Liu, Wyland, Block, Galgiani, Hancock, Huff, Monning
          NO VOTE RECORDED:  Correa, Hueso

          SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/14
          AYES:  De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Pupil instruction:  independent study

           SOURCE  :     Author


           DIGEST  :    This bill makes various changes to independent study  
          (IS), including authorizing a school district, county office of  
          education (COE), or charter school to offer IS courses to pupils  
          enrolled in kindergarten through 12th grade (K-12), in  
          accordance with prescribed conditions.  This bill specifies the  
          computation of average daily attendance (ADA) for IS courses,  
          and prohibits local educational agencies (LEAs) from having to  
          sign and date pupil work products when assessing their time  
          value of pupil work products for apportionment purposes.  This  
          bill also revises the pupil-to-teacher ratios by grade span, as  
          specified.

           ANALYSIS  :    Existing law provides for IS, which is provided as  
          an alternative instructional strategy.  IS students work  
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          independently, according to a written agreement and under the  
          general supervision of a credentialed teacher or teachers.   
          While IS students follow the district-adopted curriculum and  
          meet the district graduation requirements, IS offers flexibility  
          to meet individual student needs, interests, and styles of  
          learning.  Because students in IS work closely with their  
          teachers, in one-on-one meetings or small group instruction, IS  
          can be a highly personalized form of instruction.  In all cases,  
          students are supervised by a certificated teacher who assigns  
          and evaluates student work on a periodic basis.  Since IS  
          students do not attend school on a daily basis, funding for IS  
          programs is based on students' academic work products.  For each  
          assignment, the supervising teacher equates a students' work to  
          an equivalent amount of seat time.  An IS program can claim full  
          per-pupil funding if the seat-time equivalent of the students'  
          work is the same as the time the students would have spent in a  
          classroom setting. 

          Under existing law, the Charter Schools Act of 1992 provides for  
          the establishment of charter schools in California for the  
          purpose, among other things, to improve student learning and  
          expand learning experiences for pupils who are identified as  
          academically low achieving.  A charter school that does not meet  
          the requirements to be a classroom-based instruction is  
          considered to be nonclassroom-based instruction and must have a  
          funding determination approved by the State Board of Education.   
          Classroom-based instruction occurs only when pupils are under  
          the immediate supervision and control of a certificated teacher.  
           The charter school must offer at least 80% of its instructional  
          time at the school site (principally for classroom instruction)  
          and attendance must be required at the school site for at least  
          80% of the minimum instructional time required to be offered. 

          This bill makes various changes to IS, including authorizing a  
          school district, COE, or charter school to offer IS courses to  
          pupils enrolled in K-12, in accordance with prescribed  
          conditions.  More specifically, this bill:

          1.Specifies that only those units of ADA that reflect a  
            pupil-teacher ratio that does not exceed the applicable grade  
            span ratio, shall be eligible for state apportionment funding.  
             For charter schools, the applicable ratio of  
            pupils-to-teacher shall be a fixed 25:1, or a ratio of less  
            than that.

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          2.Eliminates the requirement that all student assignments be  
            signed and dated by a supervising teacher.  The underlying  
            requirements for teachers to evaluate student assignments,  
            keep a record of all work assigned, and maintain  
            representative samples of student work would remain in place.

          3.Authorizes school districts, county offices of education, and  
            charter schools to offer a new course based IS option  
            beginning with the 2015-16 school year for pupils enrolled in  
            grades 9 to 12, pursuant to the following conditions:

             A.   The local governing board adopts policies, at a public  
               hearing, that comply with the requirements of this bill, as  
               specified.

             B.   A signed learning agreement is completed, as specified.

             C.   Courses are taught under the general supervision of  
               certificated employees, as specified; and are employed by  
               the school district, COE, or charter school or by a LEA  
               that has a memorandum of understanding to provide the  
               instruction, as specified.

             D.   Courses are annually certified by the local governing  
               board, as specified, to be of the same rigor and  
               educational quality as equivalent classroom-based courses,  
               including all relevant local and state content standards. 

               This certification, at a minimum, must 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.

             E.   Pupils enrolled in courses authorized by this bill must  
               meet applicable residency, enrollment and age requirements,  
               as specified.

             F.   Requires at least once per week pupil/teacher  
               communication, as specified, assessing whether each pupil  
               is making satisfactory educational progress.  Satisfactory  
               educational progress includes, but is not limited to,  

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               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.  In addition, this bill prescribes a  
               process if satisfactory educational progress is not being  
               made, as specified.

             G.   Examinations given to pupils must include a proctor or  
               other reliable method to ensure exam integrity.

             H.   Pupil shall not be required to enroll in a course based  
               IS. 

             I.   Pupil-to-certificated employee ratio limitations  
               identified in #1 above apply.

             J.   For each pupil, the combined equivalent daily  
               instructional minutes for enrolled courses authorized by  
               this bill and enrolled courses authorized by all other laws  
               and regulations must meet the applicable minimum  
               instructional day requirements.  Pupils enrolled in courses  
               authorized by this bill shall be offered the minimum annual  
               total equivalent instructional minutes, as specified.

             AA.  Specifies the computation of ADA for each pupil enrolled  
               in one or more courses authorized by this bill, shall be  
               computed based on daily instructional minutes, as  
               specified.

          4.The learning agreement must be signed by the pupil and pupil's  
            parent or legal guardian, as applicable, and all certificated  
            employees providing instruction before instruction may  
            commence.

          5.A physical or electronic copy of the signed learning agreement  
            must be retained by the school district, COE or charter school  
            for at least three years.

          6.Defines an electronic copy to include a computer or electronic  
            stored image of an original document, including, but not  
            limited to, PDF (portable document format), JPEG (joint  

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            photographic experts group), or other digital image file type,  
            that may be sent via fax machine, e-mail, or other electronic  
            means.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

           ADA:  Potentially significant state costs (General Fund), to  
            the extent that the increased flexibility allows LEAs to  
            increase ADA through definitional flexibility, increased IS  
            program offerings, and/or increased success in meeting audit  
            requirements.

           Workload:  Significant local savings, due to changes that  
            update and streamline the accounting and record-keeping  
            process for LEAs offering IS courses.

           SUPPORT  :   (Verified  5/22/14)

          Butte County Office of Education
          California Association of Gifted and Talented
          California Consortium for Independent Study
          California Continuation Education Association
          California Educational Technology Professionals Association
          Contra Costa County Superintendents' Coalition
          Education Trust-West
          EdVoice
          Napa County Office of Education
          Riverside County Superintendent of Schools
          San Bernardino County Superintendent of Schools
          San Diego County Office of Education
          San Francisco Unified School District
          Santa Clara County Office of Education
          Santa Cruz County Office of Education
          School Employers Association of California
          Small School Districts' Association

           OPPOSITION  :    (Verified  5/23/14)

          California Federation of Teachers
          California Teachers Association


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           ARGUMENTS IN SUPPORT  :    According to the author:

            Because students in independent study work closely with their  
            teachers, in one-on-one meetings or small group instruction,  
            independent study can be a highly personalized form of  
            instruction.  In all cases, students are supervised by a  
            certificated teacher who assigns and evaluates student work on  
            a periodic basis. 

            Since IS students do not attend school on a daily basis,  
            funding for IS programs is based on students' academic work  
            products.  At present, for each assignment, the supervising  
            teacher equates a students' work to an equivalent amount of  
            seat time - SB 1143 offers a course-based alternative to this  
            approach.   An IS program can claim full per-pupil funding if  
            the seat-time equivalent of the students' work is the same as  
            the time the students would have spent in a classroom setting.

           ARGUMENTS IN OPPOSITION  :    The California Federation of  
          Teachers (AFT) believes that the integration of technology into  
          the classroom is essential to providing students with the  
          knowledge and skills they need to be successful in the 21st  
          century.  However, AFT states that they also strongly believe  
          that every child deserves a highly-qualified teacher providing  
          daily instruction in a supportive learning environment where  
          personalized attention can be given to each student.  Education  
          is much more than learning content; it is also about the  
          development of social and emotional skills so that children not  
          only learn the academic skills they need but also develop the  
          social and emotional skills they need to be successful. This  
          bill undermines this core tenet of what AFT believe constitutes  
          effective teaching and learning.


          PQ:k  5/25/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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