Senate Bill No. 1387

Introduced by Senator Liu

February 21, 2014

An act to amend Section 51747 of the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

SB 1387, as introduced, Liu. Pupil instruction: independent study.

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.

Existing law provides that a school district or county office of education is not eligible to receive apportionments for independent study pupils unless it has adopted and implemented certain policies, including, but not limited to, policies related to all of the following, among other things: the maximum length of time that may elapse between the time an independent study assignment is made and the date by which the pupil must complete the assigned work; 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; the manner, time, frequency, and place for submitting a pupil’s assignments and for reporting his or her progress; the duration of the independent study agreement, which is limited to one semester or 1⁄2 year for a school on a year-round calendar; and the requirement of a written agreement, signed by prescribed individuals, for each independent study pupil to be maintained on file.

This bill would extend the maximum duration of an independent study agreement under this provision to 2 semesters or one school year for a school on a year-round calendar. The bill would also permit the required signatures on the independent study written agreement to be submitted through a PDF or facsimile copy of the original written agreement.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 51747 of the Education Code is amended
to read:

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 Superintendent begin delete of Public Instruction end delete ,
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 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 begin delete one semester,
or one-half year end delete begin insert two semesters, or one school year end insert for a school on
a year-round calendar.

(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. begin delete For end delete

begin insert (B) end insert begin insert   end insert begin insert For end insert purposes of this begin delete paragraph “caregiver” end delete begin insert paragraph: end insert

begin insert (i) end insert begin insert   end insert begin insert “Caregiver” end insert means a person who has met the requirements
of Part 1.5 (commencing with Section 6550) of begin insert Division 11 of end insert the
Family Code.

begin insert

(ii) “Written agreement” includes a PDF or facsimile copy of
the original written agreement that includes one or more of the
signatures required under subparagraph (A).

end insert