Bill Text: CA AB853 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sharks.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-10-07 - Chaptered by Secretary of State - Chapter 525, Statutes of 2011. [AB853 Detail]

Download: California-2011-AB853-Amended.html

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BILL NUMBER: AB 853	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2011
	AMENDED IN SENATE  JULY 13, 2011
	AMENDED IN SENATE  JUNE 20, 2011

INTRODUCED BY   Assembly Member Blumenfield
   (Coauthors: Assembly Members Beall, Cook, and Garrick)

                        FEBRUARY 17, 2011

    An act to add and repeal Section 46300.8 of the Education
Code, relating to online education.   An act to amend
Sections 41344.4, 46300, 46300.6, 46300.7, 51745.6, 51747, and
51747.3 of, and to add Sections 51745.2 and 51747.1 to, the Education
Code, relating to schools. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 853, as amended, Blumenfield.  Online education: school
attendance.  Schools. 
   Existing law establishes the public elementary and secondary
school system in this state, and further establishes a funding system
pursuant to which the state apportions funds to local educational
agencies based on, among other factors, the average daily attendance
of pupils at the schools operated by those agencies. Numerous
statutes and regulations govern the calculation and reporting of
average daily attendance. 
   This bill, commencing with the 2013-14 fiscal year, would provide
that school districts, county offices of education, and charter
schools that offer online education courses may claim attendance
toward average daily attendance on the basis of a pupil's attendance
in an online course or courses that satisfy prescribed criteria.
 
   The bill would require the Superintendent of Public Instruction,
in consultation with the Controller and Director of Finance, on or
before December 31, 2012, to make revisions to any attendance
accounting manual or guidance provided to school districts, county
offices of education, or charter schools that are necessary to
conform to these provisions, or to clarify these provisions with
respect to attendance accounting procedures for asynchronous online
courses, as defined. The bill additionally would require the
Superintendent, in consultation with the Director of Finance, to
adopt rules and regulations for the purposes of clarifying or
expanding the procedures required for verifying the identification of
pupils participating in asynchronous online courses and including
pupil attendance in asynchronous online courses in the calculation of
average daily attendance.  
   The bill would make all of these provisions inoperative on July 1,
2017, and repeal them on January 1, 2018.  
   This bill, commencing with the 2011-12 school year, would
authorize, for purposes of computing average daily attendance, the
inclusion of pupils under the supervision and control of a
certificated employee of the school district or county office of
education who is delivering synchronous, online instruction, as
defined, provided that this instruction meets specified criteria. The
bill would require, if a school district or county office of
education elects to offer synchronous, online instruction, that the
school district or county office of education ensure that all pupils
who choose to enroll in an online course have access to the computer
hardware or software necessary for the pupil to participate in the
course. 
   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 certain
requirements. Existing law requires, in computing the average daily
attendance of a school district, that there be included the
attendance of pupils participating in independent study for 5 or more
consecutive schooldays. Existing law prohibits a school district or
county office of education from receiving apportionments for
independent study unless it has adopted and implemented certain
policies.  
   The bill, commencing with the 2011-12 school year, would authorize
the governing board of a school district or a county office of
education to offer, as independent study, asynchronous, online
instruction, as defined in accordance with specified criteria. The
bill would require that if a school district or county office of
education elects to offer asynchronous, online instruction pursuant
to these provisions, that the school district or county office of
education ensure that all pupils who choose to enroll in an
asynchronous, online course have access to the computer hardware or
software necessary for the pupil to participate in the course. 

   The bill would also modify the requirements relating to
apportionments for independent study, by requiring that there be, at
a minimum, biweekly contact between teachers and pupils, and basing a
pupil's continued participation in independent study on that pupil
making satisfactory educational progress, as defined.  
   Existing law requires that local educational agencies and county
boards of education be subject to financial and compliance audits, as
specified. Existing law authorizes the county superintendent of
schools to waive the requirement that a local educational agency
repay an apportionment based on an audit exception if specified
criteria are met.  
   This bill would authorize the Superintendent of Public Instruction
to waive the requirement that a county board of education repay an
apportionment based on an audit exception if specified criteria are
met. The bill also, for both local educational agencies and county
boards of education, would authorize the waiver of certain audit
exceptions relating to independent study, provided that these
exceptions are deemed to be minor and inadvertent.  
   The bill also would make technical, conforming, and clarifying
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 41344.4 of the  
Education Code   is amended to read: 
   41344.4.   (a)     (1)   
Notwithstanding any other  provision of  law, a
local educational agency is not required to repay an apportionment
based on a significant audit exception related to the requirements
specified in paragraphs (1), (2), and (3) of subdivision (b) of
Section 14501 if the county superintendent of schools certifies to
the Superintendent  of Public Instruction  and the
Controller that the audit exception was corrected by the local
educational agency or that an acceptable plan of correction was
submitted to the county superintendent of schools pursuant to
subdivision (k) of Section 41020. With respect to textbooks and
instructional materials, the plan shall be consistent with the
requirements of subparagraph (A) of paragraph (2) of subdivision (a)
of Section 60119. 
   (2) Notwithstanding any other law, a local educational agency is
not required to repay an apportionment based on a significant audit
exception related to the requirements specified in subdivision (b) of
Section 51747 if the county superintendent of schools certifies to
the Superintendent and the Controller that the audit exception was
corrected by the local educational agency or that an acceptable plan
of correction was submitted to the county superintendent of schools
pursuant to subdivision (k) of Section 41020. Before making this
certification, the county superintendent of schools shall first make
a determination that the noncompliance cited in the audit exception
is minor and inadvertent. The county superintendent of schools is
limited to waiving the requirement that these audit exceptions be
repaid to two school years in any five consecutive school years for
each local educational agency.  
   (b) (1) Notwithstanding any other law, a county board of education
is not required to repay an apportionment based on a significant
audit exception related to the requirements specified in paragraphs
(1), (2), and (3) of subdivision (b) of Section 14501 if the
Superintendent certifies that the audit exception was corrected by
the county board of education or that an acceptable plan of
correction was submitted pursuant to subdivision (m) of Section
41020. With respect to textbooks and instructional materials, the
plan shall be consistent with the requirements of subparagraph (A) of
paragraph (2) of subdivision (a) of Section 60119.  
   (2) Notwithstanding any other law, a county board of education is
not required to repay an apportionment based on a significant audit
exception related to the requirements specified in subdivision (b) of
Section 51747 if the Superintendent certifies that the audit
exception was corrected by the county board of education or that an
acceptable plan of correction was submitted pursuant to subdivision
(m) of Section 41020. Before making this certification, the
Superintendent shall first make a determination that the
noncompliance cited in the audit exception is minor and inadvertent.
The Superintendent is limited to waiving the requirement that these
audit exceptions be repaid to two school years in any five
consecutive school years. 
   SEC. 2.    Section 46300 of the   Education
Code   is amended to read: 
   46300.  (a)  (1)    In computing average daily
attendance of a school district or county office of education, there
shall be included the attendance of pupils while engaged in
educational activities required of those pupils and under the
immediate supervision and control of an employee of the  school
 district or county office who possessed a valid certification
document, registered as required by law. 
   (2) (A) Commencing with the 2011-12 school year, attendance of
pupils under the supervision and control of a certificated employee
of the school district or county office of education who is
delivering synchronous, online instruction shall be included in
computing average daily attendance, provided that all of the
following occur:  
   (i) The certificated employee providing the instruction confirms
pupil attendance through visual recognition using web cameras or
periodic voice responses during the class period. A pupil logon,
without any other pupil identification, is not sufficient to confirm
pupil attendance.  
   (ii) The class has a regularly scheduled starting and ending time,
and the pupil is scheduled to attend the entire class period.
Average daily attendance shall be counted only for attendance in
classes held at the regularly scheduled time.  
   (iii) An individual with exceptional needs, as defined in Section
56026, may participate in synchronous, online instruction only if his
or her individualized education program developed pursuant to
Article 3 (commencing with Section 56340) of Chapter 4 of Part 30
specifically provides for that participation.  
   (iv) If a school district or county office of education elects to
offer synchronous, online instruction pursuant to this paragraph, the
school district or county office of education shall not deny
enrollment to a pupil based solely on the pupil's lack of access to
the computer hardware or software necessary to participate in the
course. If a pupil chooses to enroll in a course and does not have
access to the necessary equipment, the school district or county
office of education shall provide, for each pupil who chooses to
enroll in a synchronous, online course, access to the computer
hardware or software necessary to participate in the course. 

   (v) The ratio of average daily attendance for synchronous, online
pupils who are 18 years of age or younger to school district
full-time equivalent certificated employees responsible for
synchronous, online instruction, 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, unless a higher or lower ratio is
negotiated in a collective bargaining agreement.  
   (vi) The ratio of average daily attendance for synchronous, online
pupils who are 18 years of age or younger to county office of
education full-time equivalent certificated employees who provide
synchronous, online instruction, 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 greatest average daily attendance of pupils in that
county, unless a higher or lower ratio is provided for in a
collective bargaining agreement. The computation of the ratios
specified in clause (iii) and this clause shall be performed annually
by the reporting agency at the time of, and in connection with, the
second principal apportionment report to the Superintendent. 

   (B) The Superintendent may establish rules and regulations for
purposes of implementing this paragraph.  
   (C) For purposes of this paragraph, "synchronous, online
instruction" means a class or course in which the pupil and the
certificated employee who is providing instruction are online at the
same time and use real-time, Internet-based collaborative software
that combines audio, video, file share, and other forms of
interaction. 
   (b) (1) For purposes of a work experience education program in a
secondary school that meets the standards of the California State
Plan for Career Technical Education, "immediate supervision," in the
context of off-campus work training stations, means pupil
participation in on-the-job training as outlined under a training
agreement, coordinated by the school district under a state-approved
plan, wherein the employer and certificated school personnel share
the responsibility for on-the-job supervision.
   (2) The pupil-teacher ratio in a work experience program shall not
exceed 125 pupils per full-time equivalent certificated teacher
coordinator. This ratio may be waived by the state board pursuant to
Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of
Division 2 under criteria developed by the state board.
   (3) A pupil enrolled in a work experience program shall not be
credited with more than one day of attendance per calendar day, and
shall be a full-time pupil enrolled in regular classes that meet the
requirements of Section 46141 or 46144.
   (c) (1) For purposes of the rehabilitative schools, classes, or
programs described in Section 48917 that require immediate
supervision, "immediate supervision" means that the person to whom
the pupil is required to report for training, counseling, tutoring,
or other prescribed activity shares the responsibility for the
supervision of the pupils in the rehabilitative activities with
certificated personnel of the district.
   (2) A pupil enrolled in a rehabilitative school, class, or program
shall not be credited with more than one day of attendance per
calendar day.
   (d) (1) For purposes of computing the average daily attendance of
pupils engaged in the educational activities required of high school
pupils who are also enrolled in a regional occupational center or
regional occupational program, the school district shall receive
proportional average daily attendance credit for those educational
activities that are less than the minimum schoolday, pursuant to
regulations adopted by the state board; however, none of that
attendance shall be counted for purposes of computing attendance
pursuant to Section 52324.
   (2) A school district shall not receive proportional average daily
attendance credit pursuant to this subdivision for a pupil in
attendance for less than 145 minutes each day.
   (3) The divisor for computing proportional average daily
attendance pursuant to this subdivision is 240, except that, in the
case of a pupil excused from physical education classes pursuant to
Section 52316, the divisor is 180.
   (4) Notwithstanding any other provision of law, travel time of
pupils to attend a regional occupational center or regional
occupational program shall not be used in any manner in the
computation of average daily attendance.
   (e) (1) In computing the average daily attendance of a school
district, there shall also be included the attendance of pupils
participating in independent study conducted pursuant to Article 5.5
(commencing with Section 51745) of Chapter 5 of Part 28 for five or
more consecutive schooldays.
   (2) A pupil participating in independent study shall not be
credited with more than one day of attendance per calendar day.
   (f) For purposes of cooperative career technical education
programs and community classrooms described in Section 52372.1,
"immediate supervision" means pupil participation in paid and unpaid
on-the-job experiences, as outlined under a training agreement and
individualized training plans wherein the supervisor of the training
site and certificated school personnel share the responsibility for
the supervision of on-the-job experiences.
   (g) (1) In computing the average daily attendance of a school
district, there shall be included the attendance of pupils in
kindergarten after they have completed one school year in
kindergarten or pupils in a transitional kindergarten program after
they have completed one year in that program if one of the following
conditions is met:
   (A) The school district has on file for each of those pupils an
agreement made pursuant to Section 48011, approved in form and
content by the department and signed by the pupil's parent or
guardian, that the pupil may continue in kindergarten for not more
than one additional school year.
   (B) The pupils participated in a transitional kindergarten program
pursuant to subdivision (c) of Section 48000.
   (2) A school district  may   shall  not
include for apportionment purposes the attendance of any pupil for
more than two years in kindergarten or for more than two years in a
combination of transitional kindergarten and kindergarten.
  SEC. 3.    Section 46300.6 of the   Education
Code   is amended to read: 
   46300.6.  The  State Department of Education 
 department  shall not apportion funds to a local 
education   educational  agency for a pupil in the
independent study program if that agency has provided any funds or
other things of value to the pupil or his or her parent or guardian
that the agency does not provide to pupils who attend regular classes
or to their parents or guardians.  This section shall not apply
to online instruction courses for which local educational agencies
provide computer equipment, software, or bot   h, or other
components necessary for pupils to participate in online instruction.

   SEC. 4.    Section 46300.7 of the  
Education Code   is amended to read: 
   46300.7.   (a)    Notwithstanding any other
 provision of  law,  no   a
 school district or county office of education shall not
 receive apportionments for any pupil in independent study
unless that entity receives written permission from the parent or
guardian of the pupil prior to the commencement of independent study
by that pupil. The written permission shall specify the actual dates
of participation, the methods of study and evaluation, and the
resources to be made available for the independent study program for
the pupil  , and may include the methods of study and evaluation,
and the resources to be made available for the independent study
program for the pupil. Commencing with the 2011-12 school year, a
school district or county office of education may begin services and
claim average daily attendance upon its receipt of the electronic
copy of the written permission. Each school district and county
office of education also shall maintain a copy of the original signed
written permission  . 
   (b) 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 (PDF), JPEG,
or other digital image file type, which may be sent via fax machine,
e-mail, or other electronic means. 
   SEC. 5.    Section 51745.2 is added to the  
Education Code   , to read:  
   51745.2.  (a) Commencing with the 2011-12 school year, the
governing board of a school district or county office of education
may offer to pupils asynchronous, online instruction in accordance
with the requirements of this article and the following:

   (1) If a school district or county office of education elects to
offer asynchronous, online instruction pursuant to this paragraph,
the school district or county office of education shall not deny
enrollment to a pupil based solely on the pupil's lack of access to
the computer hardware or software necessary to participate in the
course. If a pupil chooses to enroll in a course and does not have
access to the necessary equipment, the school district or county
office of education shall provide, for each pupil who chooses to
enroll in an asynchronous, online course, access to the computer
hardware or software necessary to participate in the course.
   (2) A pupil shall not be charged for his or her participation in
the online course.
   (3) Pupil work product created in an asynchronous, online course
is property of the school district or county office of education for
purposes of evaluation and supervision of independent study under
Section 51747.5.
   (b) For purposes of this section, "asynchronous, online
instruction" means a class or course where the certificated employee
and pupil may be online at different times, allowing pupils and
certificated employees to participate according to their own
schedules. Communication and interaction may occur via e-mail,
Internet Web sites, online discussion forums, message boards,
weblogs, podcasts, testing, or other electronic means. 
   SEC. 6.    Section 51745.6 of the  
Education Code   is amended to read: 
   51745.6.  (a) 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, 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  , unless a higher or lower ratio is provided for in a
collective bargaining agreement  . 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, 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   highest 
average daily attendance of pupils in that county  , unless a
higher or lower ratio is provided   for in a collective
bargaining agreement  . The computation of those 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  .
   (b) Only those units of average daily attendance for independent
study that reflect a pupil-teacher ratio that does not exceed the
ratio described in subdivision (a) shall be eligible for
apportionment pursuant to Section 42238.5, for school districts, and
Section 2558, 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 described in subdivision (a), except that those
additional units shall not be funded pursuant to Section 42238.5 or
Section 2558.
   (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) The pupils-to-certificated-employee ratio 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
pupil-to-certificated-employee ratio calculations.
   SEC. 7.    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  of Public Instruction
 , 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   There shall be, at a
minimum, biweekly contact between certificated employees providing
instruction and pupils to assess   progress. A pupil shall
not have more than four weeks  between the time an independent
study assignment is made and the date by which the pupil must
complete the assigned work  , unless there is a specific
extension for longer project-based assignments . 
   (1) Every two weeks, if no satisfactory educational progress has
been made pursuant to paragraph (3), a certificated employee shall
send a warning notice to the pupil and the pupil's parent or
guardian.  
   (b) The number of missed assignments that will be allowed before

    (2)     After four weeks without
satisfactory educational progress,  an evaluation  is
  shall be  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.  A pupil shall not continue to participate in
independent study for more than six weeks without evidence of
satisfactory educational progress unless there is a special
determination documented by the district or county superintendent or
his or her designee.  
   (3) For purposes of this section, "satisfactory educational
progress" includes measures such as the completion of assignments,
participation in assessments and required labs or online workgroups,
or other indicators that the pupil is working on assignments and
learning required concepts, as determined by the supervising
certificated employee.  
   (c) 
    (b)  A requirement that a current written agreement for
each independent study pupil shall be maintained on file 
including, but   in a paper or electronic copy. The
written agreement shall include a copy of the governing board's
independent study authorizatio   n, which may include, but
is  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)   subdivision (a) 
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 prior to   biweekly
contact between teachers and pupils, and the requirement that there
be satisfactory educational progress within each four-  
week period, without which there shall be  an evaluation of
whether or not the pupil should be allowed to continue in independent
study  , and the stipulation that a pupil shall not remain in
independent study if more than six weeks elapse without the pupil
making satisfactory educational progress  .
   (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   An
 independent study agreement shall  not  be valid for
any period longer than one  semester, or one-half year for a
school on a year-round calendar   school year  .
   (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) Each written agreement shall be signed  , prior to the
commencement of independent study,  by the pupil, the pupil'
s parent, legal guardian, or caregiver,  and  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.  Independent study may commence upon receipt of an
electronic copy of this agreement.  
   (9) With respect to noncompliance with this subdivision, only
audit findings deemed minor and inadvertent may be waived, pursuant
to Section 41344.4.  
   (c) 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 (PDF), JPEG,
or other digital image file type, which may be sent via fax machine,
e-mail, or other electronic means. 
        SEC. 8.    Section 51747.1 is added to the 
 Education Code   , to read:  
   51747.1.  (a) A school district or county office of education
shall maintain electronic or hard copies of the gradebook of each
certificated employee providing independent study for the purpose of
verifying work completed by independent study pupils. A school
district and county office of education shall not be required to
store hard copies of pupil work samples as a condition of
apportionment for independent study.
   (b) 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 (PDF), JPEG,
or other digital image file type, which may be sent via fax machine,
e-mail, or other electronic means. 
   SEC. 9.    Section 51747.3 of the  
Education Code   is amended to read: 
   51747.3.  (a)  (1)   Notwithstanding any other
 provision of  law, a local educational agency,
including, but not limited to, a charter school,  may
  shall  not claim state funding for the
independent study of a pupil, whether characterized as home study or
otherwise, if the agency has provided any funds or other thing of
value to the pupil or his or her parent or guardian that the agency
does not provide to pupils who attend regular classes or to their
parents or guardians. A charter school  may  
shall  not claim state funding for the independent study of a
pupil, whether characterized as home study or otherwise, if the
charter school has provided any funds or other thing of value to the
pupil or his or her parent or guardian that a school district could
not legally provide to a similarly situated pupil of the school
district, or to his or her parent or guardian. 
   (2) Paragraph (1) does not apply to online instruction courses for
which the local educational agency provides computer equipment,
software, or both, or other components necessary for pupils to
participate in online instruction. 
   (b) Notwithstanding paragraph (1) of subdivision (d) of Section
47605 or any other  provision of  law, community
school and independent study average daily attendance shall be
claimed by school districts, county superintendents of schools, and
charter schools only for pupils who are residents of the county in
which the apportionment claim is reported, or who are residents of a
county immediately adjacent to the county in which the apportionment
claim is reported.
   (c) The Superintendent  of Public Instruction 
shall not apportion funds for reported average daily attendance,
through full-time independent study, of pupils who are enrolled in
school pursuant to subdivision (b) of Section 48204.
   (d) In conformity with Provisions 25 and 28 of Section 2.00 of the
Budget Act of 1992, this section is applicable to average daily
attendance reported for apportionment purposes beginning July 1,
1992. The provisions of this section are not subject to waiver by the
 State Board of Education   state board  ,
by the  State  Superintendent  of Public
Instruction  , or under any provision of Part 26.8
(commencing with Section 47600). 
  SECTION 1.    Section 46300.8 is added to the
Education Code, to read:
   46300.8.  (a) Commencing with the 2013-14 fiscal year, a school
district, county office of education, or charter school may claim
attendance toward average daily attendance, for the purposes of
calculating average daily attendance pursuant to Section 46300, on
the basis of a pupil's attendance in an online course or courses if
all of the following apply:
   (1) The pupil is enrolled in grade 9, 10, 11, or 12.
   (2) The pupil is a California resident.
   (3) The pupil is enrolled in classes that include courses in a
classroom-based setting, courses that are offered through an online
program, or both.
   (4) The pupil meets minimum instructional time requirements
pursuant to:
   (A) Section 46141 and Section 46201, 46201.5, or 46202, as
applicable, for pupils enrolled in a noncharter school in a school
district or county office of education.
   (B) Section 46170, for pupils enrolled in a continuation school.
   (C) Section 46180, for pupils enrolled in an opportunity school.
   (D) Subdivision (e) of Section 47612.5, for pupils enrolled in a
charter school.
   (5) Each online course in which the pupil is enrolled is a
high-quality online course.
   (b) For purposes of this section, a "high-quality online course"
is defined as an online course that meets all of the following
requirements:
   (1) The online course is approved by the governing board of the
school district or county office of education, or by the governing
body of the charter school.
   (2) The online course is certified to meet these requirements,
through board resolution, by the governing board of the school
district or county office of education, or by the governing body of
the charter school.
   (3) The online course is certified by the governing board of the
school district or county office of education, or by the governing
body of the charter school, as being as rigorous as a classroom-based
course and meeting or exceeding all relevant state content
standards.
   (4) Either of the following:
   (A) The teacher is online at the same time as each pupil, is
accessible to each pupil attending the synchronous online course to
respond to pupil queries, assign tasks, and dispense information, and
is able to make a visual connection with each pupil for purposes of
verifying attendance or providing immediate supervision of the pupil.

   (B) The teacher may be online at different times than each pupil,
is accessible to each pupil attending the asynchronous online course
to respond to pupil queries, assign tasks, and dispense information,
and, for purposes of verifying attendance, is able to employ at least
one of the following:
   (i) Periodic proctored examinations.
   (ii) Direct teacher-pupil meetings no less than twice per calendar
month.
   (iii) A visual connection, including, but not limited to, Internet
Webcam.
   (5) (A) The ratio of pupils enrolled in that course to full-time
equivalent certificated teachers teaching the online course is less
than or equal to the ratio of pupils to teachers in traditional
classroom study of the same subject matter in the school, school
district, or the unified school district with the largest average
daily attendance of pupils in that county for the prior school year,
as reported on the Internet Web site of the department.
   (B) If the online course is new or deemed by the governing board
of the school district or county office of education, or by the
governing body of the charter school, to be unique to the online
setting, the ratio of pupils enrolled in that course to full-time
equivalent teachers teaching the online course shall not exceed 30 to
1.
   (6) When a traditional classroom-based course of the same course
title exists within the school district, county office of education,
or charter school, the subject matter content of the online course is
the same as for the traditional classroom-based course.
   (7) The teacher of the online course holds the appropriate subject
matter credential and meets the requirements for a highly qualified
teacher pursuant to the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.).
   (8) Statewide testing results for online pupils are reported and
assigned to the school in which the pupil is enrolled for regular
classroom courses, and to any school district or county office of
education within which that school's testing results are aggregated.
   (9) The online course is offered by a high school, continuation
school, county office of education, or charter school offering
instruction in any of grades 9 to 12, inclusive.
   (10) No pupil is assigned to the online course unless the pupil
voluntarily elects to participate in the online course and the parent
or guardian of the pupil provides written consent before the pupil
participates in the online course.
   (11) No pupil voluntarily electing to participate in the online
course is denied access because the pupil lacks the computer hardware
or software necessary to participate in the online course.
   (12) No pupil is charged for his or her participation in the
online course.
   (13) Pupils enrolled in the online course take examinations by
proctor, or other reliable methods are used to ensure test integrity,
and there is a clear record of pupil work, using the same method of
documentation and assessment as used in a classroom-based course.
   (14) Contemporaneous records of the time that a pupil spends
online in the course and in related activities, and of the time the
teacher is online with pupils, are maintained by the school district,
county office of education, or charter school.
   (c) Nothing in this section shall be interpreted to mean that a
charter school provides classroom-based or nonclassroom-based
instruction for purposes of the state board determination made
pursuant to Section 47612.5.
   (d) Attendance accounted for pursuant to subdivision (a) and
compliance with the requirements of subdivision (b) are subject to
the audit conducted pursuant to Section 41020.
   (e) A pupil shall not be credited with more than five days of
course attendance per calendar week or more than the total number of
calendar days that regular classes are maintained by the school
district, county office of education, or charter school during the
fiscal year.
   (f) To remain eligible for claiming average daily attendance and
generating apportionments, a pupil over 19 years of age enrolled in
an online course or courses shall be continuously enrolled in public
school and make satisfactory progress toward award of a high school
diploma. The Superintendent shall, on or before December 31, 2012,
adopt regulations defining "satisfactory progress."
   (g) The Superintendent, in consultation with the Controller and
the Director of Finance, on or before December 31, 2012, shall do all
of the following:
   (1) Make revisions to any attendance accounting manual or guidance
provided to a school district, county office of education, or
charter school that are necessary to conform to this section.
   (2) Make revisions to any attendance accounting manual or guidance
provided to local educational agencies that are necessary to clarify
attendance accounting procedures for asynchronous online courses.
   (3) Make recommendations to the appropriate policy and fiscal
committees in both houses of the Legislature and to the Governor
regarding statutory changes that would be necessary to allow pupil
attendance in asynchronous online courses to be included in the
calculation of average daily attendance pursuant to Section 46300.
   (h) Pupil attendance in asynchronous online courses shall not be
included in the calculation of average daily attendance pursuant to
Section 46300 until the Superintendent has adopted rules and
regulations pursuant to subdivision (l).
   (i) For purposes of calculating average daily attendance pursuant
to Section 46300 and meeting the minimum instructional time
requirements specified in paragraph (4) of subdivision (a):
   (1) A pupil enrolled in a noncharter school and engaged in
educational activities in an online course meeting the requirements
of subdivisions (a) and (b) shall be deemed to be under the immediate
supervision and control of an employee of the school district or
county office of education who possesses a valid certification
document, registered as required by law.
   (2) A pupil enrolled in a charter school and engaged in
educational activities in an online course meeting the requirements
of subdivisions (a) and (b) shall be deemed to be attending at the
schoolsite of the charter school.
   (j) For purposes of calculating average daily attendance pursuant
to Section 46300, a school district, county office of education, or
charter school claiming pupil attendance in an online course meeting
the requirements of subdivision (b) shall not be required to meet the
requirements of Article 5.5 (commencing with Section 51745) of
Chapter 5 of Part 28.
   (k) For purposes of this section, the following definitions apply:

   (1) "Asynchronous online course" means a course where the teacher
and pupil may be online at different times and are unable to interact
simultaneously.
   (2) "Synchronous online course" means a course where the teacher
and pupil are online at the same time and able to interact at that
time.
   (l) The Superintendent, in consultation with the Department of
Finance, shall adopt rules and regulations, pursuant to the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code), for both of the following purposes:
   (1) Clarifying or expanding the procedures required for verifying
the identification of pupils participating in asynchronous online
courses meeting all of the requirements of subdivisions (a) and (b).
   (2) Including pupil attendance in asynchronous online courses in
the calculation of average daily attendance pursuant to Section
46300. The Superintendent shall ensure that the rules and regulations
adopted for this purpose are consistent with the revisions and
recommendations required pursuant to subdivision (g).
   (m) No provision of this section shall be waived unless the waiver
is specifically authorized in statute.
   (n) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.