BILL NUMBER: SB 1143 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
FEBRUARY 20, 2014
An act to amend Sections 47612.5, 51745.6 and 51747.5 of, and to
add Sections 51749.5, 51749.6, and 51749.7 to, the Education Code,
relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
SB 1143, as introduced, 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 and schoolsite-based blended learning courses 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 provide, for purposes of the Charter Schools Act
of 1992, that classroom-based instruction shall include courses
described above. The bill would specify the computation of average
daily attendance for such courses, and would prohibit school
districts, charter schools, and county offices of education from
having to sign and date pupil work products when assessing its time
value 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 47612.5 of the Education Code is amended to
read:
47612.5. (a) Notwithstanding any other provision of
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 provision of 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 of Education 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 of Education
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 provision of
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 of
Education. state board. The determination for
funding shall be subject to any conditions or limitations the
State Board of Education state board
may prescribe. The State Board of Education
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 of Education
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 of Education
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 prior to 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 of Education
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
provision of law, the State Board of Education
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 of
Education 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 provision of
law, and as a condition of apportionment, "classroom-based
instruction" in a charter school, for the 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) of
Section 47612.5. (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 the 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 of Education
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 provision of law,
neither the State Board of Education, state
board, nor the Superintendent may waive the requirements of
paragraph (1) of subdivision (a).
SEC. 2. Section 51745.6 of the Education Code is amended to read:
51745.6. (a) (1) The ratio of average daily
attendance for independent study or schoolsite-based blended
learning pupils 18 years of age or less to school district
full-time equivalent certificated employees responsible for
independent study, study or schoolsite-based
blended learning, by grade span, calculated as specified by the
State Department of Education, department,
shall not exceed the equivalent ratio of pupils to full-time
certificated employees for all other educational programs operated by
the school district. 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 or
schoolsite-based blended learning pupils 18 years of age or
less to county office of education full-time equivalent certificated
employees responsible for independent study,
study or schoolsite-based blended learning, to be calculated in
a manner prescribed by the State Department of Education,
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. 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 those
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 of
Public Instruction. 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 or schoolsite-based blended learning that reflect a
pupil-teacher ratio that does not exceed the ratio
applicable grade span ratios described in subdivision (a)
shall be eligible for apportionment pursuant to Section
42238.5, 42238.05, for school districts, and
Section 2558, 2575, for county offices
of education. 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 ratio
applicable grade span ratios described in subdivision (a),
except that those additional units shall not be funded pursuant to
Section 42238.5 42238.05 or Section
2558. 2575.
(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 pupil-teacher ratio described in subdivision (a) in a
unified school district participating in the class size reduction
program pursuant to Chapter 6.10 (commencing with Section 52120) may,
at the school district's option, be calculated separately for
kindergarten and grades 1 to 6, inclusive, and for grades 7 to 12,
inclusive.
(e)
(d) The applicable
pupils-to-certificated-employee ratio 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 one, 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.
SEC. 3. Section 51747.5 of the Education Code is amended to read:
51747.5. (a) The independent study by each pupil or
student shall be coordinated, evaluated, and,
notwithstanding subdivision (a) of Section 46300, shall be under the
general supervision of an employee of the school district
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 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 or student 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.
SEC. 4. 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 grades 9 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 51749.7.
(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 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 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 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.
(B) For each school day, 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 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, with up to one school
day of attendance.
(3) (A) Using credited school day 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.
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.
SEC. 6. Section 51749.7 is added to the Education Code, to read:
51749.7. (a) Before enrolling a pupil in a course authorized by
Section 51749.5 or 51749.6, 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 or 51749.6, 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 or 51749.6, 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 51749.5 or 51749.6.
(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 student 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,
e-mail, or other electronic means.