Bill Text: CA SB1143 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pupil instruction: independent study.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-21 - Ordered to inactive file on request of Assembly Member V. Manuel Pérez. [SB1143 Detail]
Download: California-2013-SB1143-Amended.html
Bill Title: Pupil instruction: independent study.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-21 - Ordered to inactive file on request of Assembly Member V. Manuel Pérez. [SB1143 Detail]
Download: California-2013-SB1143-Amended.html
BILL NUMBER: SB 1143 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 10, 2014
AMENDED IN SENATE APRIL 30, 2014
INTRODUCED BY Senator Liu
FEBRUARY 20, 2014
An act to amend Sections 51745.6, 51747, and 51747.5
of, and to add Sections 51749.5 and 51749.6 to, the Education Code,
relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
SB 1143, as amended, 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. Existing law requires a written agreement, not to
exceed one semester or 1/2 year for a school on
a year-round calendar, to be signed by prescribed individuals, for
each independent study pupil to be maintained on file.
This bill would instead require that the signed written
agreement not exceed one school year, and would allow the signed
written agreement to be maintained on file electronically. The 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 to
pupils enrolled in kindergarten and grades 1 to 12, inclusive, 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
no less than twice per calendar month 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 independent study 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 specify the computation of average daily
attendance for the independent study courses described
above. The bill would prohibit school districts, charter schools, and
county offices of education from having to sign and date pupil work
products when assessing their time value of pupil work products 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 51745.6 of the Education Code is amended to
read:
51745.6. (a) (1) 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, by for the applicable
grade span, 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 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 pupils 18 years of
age or less to county office of education full-time equivalent
certificated employees responsible for independent study, for
the applicable grade span, 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 largest average daily attendance of pupils in that
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 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.
(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 that reflect a pupil-teacher ratio that does not exceed the
applicable grade span ratios described in subdivision (a) shall be
eligible for apportionment pursuant to Section 2575, for county
offices of education, and Section 42238.05, for school districts.
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 applicable grade span ratios described in
subdivision (a), except that those additional units shall not be
funded pursuant to Section 2575 or 42238.05, as applicable. If a
school district, charter school, or county office of education has a
memorandum of understanding to provide instruction in coordination
with the school district, charter school, or county office of
education at which a pupil is enrolled, then the applicable grade
span ratios that shall apply for purposes of this
paragraph are the ratios for the local educational agency providing
the independent study program to the pupil pursuant to Section
51749.5.
(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 applicable pupils-to-certificated-employee 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 1, 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. 2. 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,
Superintendent, 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 prior to
before 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 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) (A) Each written agreement shall be
signed, prior to before 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. 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.
(B) A signed written agreement may be maintained on file
electronically.
SEC. 2. SEC. 3. Section 51747.5 of
the Education Code is amended to read:
51747.5. (a) The independent study by each pupil shall be
coordinated, evaluated, and, notwithstanding subdivision (a) of
Section 46300, shall be under the general supervision of an employee
of the school 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, charter schools, and county offices of
education may claim apportionment credit for independent study only
to the extent of the time value of pupil 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. 3. 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 kindergarten and
grades 1 to 12, inclusive, provide independent study courses pursuant
to the following conditions:
(1) The governing board or body of a participating school
district, charter school, or county office of education adopts
policies, at a public hearing, meeting,
that comply with the requirements of this section and any applicable
regulations adopted by the state board.
(2) A signed learning agreement is completed and on file pursuant
to Section 51749.6.
(3) Courses are taught under the general supervision of
certificated employees who hold the appropriate subject matter
credential pursuant to Section 44300 or 44865, or subdivision (l) of
Section 47605, meet the requirements for highly qualified teachers
pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.), and are employed by the school district, charter
school, or county office of education at which the pupil is enrolled,
or by a school district, charter school, or county office of
education that has a memorandum of understanding to provide the
instruction in coordination with the school district, charter school,
or county office of education at which the pupil is enrolled.
(4) (A) Courses are annually certified, by school district,
charter school, or county office of education governing board or body
resolution, to be of the same rigor and educational quality as
equivalent classroom-based courses, including
and shall be aligned to all relevant local and state content
standards.
(B) This certification shall, at a minimum, include the duration,
number of equivalent daily instructional minutes for each schoolday
that a pupil is enrolled, number of equivalent total instructional
minutes, and number of course credits for each course. This
information shall be consistent with that of equivalent
classroom-based courses.
(5) Pupils enrolled in courses authorized by this section shall
meet the applicable age requirements established pursuant to Sections
46300.1, 46300.4, 47612, and 47612.1.
(6) Pupils enrolled in courses authorized by this section shall
meet the applicable residency and enrollment requirements established
pursuant to Sections 46300.2, 47612, 48204, and 51747.3.
(7) (A) Certificated employees and each pupil shall communicate
in-person, by telephone, or by any other live visual or audio
connection at least once per week no less
than twice per calendar month to assess whether each pupil is
making satisfactory educational progress.
(B) For purposes of this section, satisfactory educational
progress includes, but is not limited to, applicable statewide
accountability measures and 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 be referred to an
alternative program, which may include, but is not limited to,
a regular school program. A written record of the findings of an
evaluation made pursuant to this subdivision shall be treated as a
mandatory interim pupil record. The record shall be maintained for a
period of three years from the date of the evaluation and, if the
pupil transfers to another California public school, the record shall
be forwarded to that school.
(D) Written or computer-based evidence of satisfactory educational
progress, as defined in subparagraph (B), shall be retained for each
course and pupil. At a minimum, this evidence shall include a grade
book or summary document that, for each course, lists all
assignments, examinations, and associated grades.
(8) Examinations given to pupils shall include a proctor or other
reliable method to ensure exam integrity.
(8) A proctor shall administer examinations.
(9) (A) Statewide testing results for pupils enrolled in any
course authorized pursuant to this section shall be reported and
assigned to the school or charter school at which the pupil is
enrolled, and to any school district, charter school, or county
office of education within which that school's or charter school's
testing results are aggregated.
(B) Statewide testing results for pupils enrolled in a course or
courses pursuant to this section may be disaggregated for purposes of
comparing the testing results of those pupils to the testing results
of pupils enrolled in classroom-based courses.
(9)
(10) A pupil shall not be required to enroll in courses
authorized by this section.
(10)
(11) The pupil-to-certificated-employee ratio
limitations established pursuant to Section 51745.6 are applicable to
courses authorized by this section.
(11)
(12) For each pupil, the combined equivalent daily
instructional minutes for enrolled courses authorized by this section
and enrolled courses authorized by all other laws and regulations
shall meet the applicable minimum instructional
day requirements. requirements applicable to
the local educational agency. Pupils enrolled in courses
authorized by this section shall be offered the minimum annual total
equivalent instructional minutes pursuant to Sections 46200 to 46208,
inclusive, and Section 47612.5.
(b) For purposes of computing average daily attendance for each
pupil enrolled in one or more courses authorized by this section, the
following computations shall apply:
(1) (A) For each schoolday, add the combined equivalent daily
instructional minutes, as certified in paragraph (4) of subdivision
(a), for courses authorized by this section in which the pupil is
enrolled.
(B) For each schoolday, add the combined daily instructional
minutes of courses authorized by all other laws and regulations in
which the pupil is enrolled and for which the pupil meets applicable
attendance requirements.
(C) For each schoolday, add the sum of subparagraphs (A) and (B).
(2) If subparagraph (C) of paragraph (1) meets applicable minimum
schoolday requirements for each schoolday, credit each schoolday that
the pupil is demonstrating satisfactory educational progress
pursuant to the requirements of this section, with up to one school
day of attendance.
(3) (A) Using credited schoolday attendance pursuant to paragraph
(2), calculate average daily attendance pursuant to Section 41601 or
47612, whichever is applicable, for each pupil.
(B) The average daily attendance computed pursuant to this
subdivision shall not result in more than one unit of average daily
attendance per pupil.
(4) Notwithstanding any other law, average daily attendance
computed for pupils enrolled in courses authorized by this section
shall not be credited with average daily attendance other than what
is specified in this section.
SEC. 4. SEC. 5. Section 51749.6 is
added to the Education Code, to read:
51749.6. (a) Before enrolling a pupil in a course authorized by
Section 51749.5, each school district, charter school, or county
office of education shall provide the pupil and, if the pupil is less
than 18 years of age, the pupil's parent or legal guardian, with a
written learning agreement that includes all of the following:
(1) A summary of the policies and procedures adopted by the
governing board or body of the school district, charter school, or
county office of education pursuant to Section 51749.5, 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, 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 be referred to an alternative
program, which may include, but is not limited to, a regular
school program.
(4) The specific resources, including materials and personnel,
that will be made available to the pupil.
(5) A statement that the pupil is not required to enroll in
courses authorized pursuant to Section 51749.5.
(b) (1) The learning agreement shall be signed by the pupil and,
if the pupil is less than 18 years of age, the pupil's parent or
legal guardian, and all certificated employees providing instruction
before instruction may commence.
(2) The signed learning agreement constitutes permission from a
pupil's parent or legal guardian, if the pupil is less than 18 years
of age, for the pupil to receive instruction through independent
study 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.
years and as appropriate for auditing purposes.
(4) For purposes of this section, an electronic copy includes a
computer or electronic stored image of an original document,
including, but not limited to, portable document format, JPEG, or
other digital image file type, that may be sent via fax machine,
email, or other electronic means.
