Existing law, until January 1, 2018, authorizes a virtual or online charter school to claim independent study average daily attendance for a pupil who is enrolled in the school and moves to a residence located outside of the geographic boundaries of the virtual or online charter school for the duration of the virtual or online charter school course in which the pupil is enrolled or until the end of the school year, whichever occurs first.

This bill would extend the operation of those provisions until January 1, 2021, and would require the State Department of Education, on or before December 31, 2020, 2019, to report to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analysts Office on the departments assessment of the need for a virtual or online charter school to claim the independent study average daily attendance in accordance with the above-specified provisions.

Existing law, until January 1, 2018, authorizes a virtual or online charter school to claim independent study average daily attendance for a pupil who is enrolled in the school and moves to a residence located outside of the geographic boundaries of the virtual or online charter school for the duration of the virtual or online charter school course in which the pupil is enrolled or until the end of the school year, whichever occurs first.

This bill would extend the operation of those provisions until January 1, 2021, and would require the State Department of Education, on or before December 31, 2020, to report to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analysts Office on the departments assessment of the need for a virtual or online charter school to claim the independent study average daily attendance in accordance with the above-specified provisions.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1528 (Acosta) - Virtual or online charter schools: average daily attendance: report

This bill may meet the criteria for referral to the Suspense File.

Bill Summary:

This bill extends by three years the authority of a virtual or online charter school to continue claiming independent study attendance for a pupil who moves outside of the geographic boundaries of the school for the remainder of the pupil’s course or school year, whichever is less.

Fiscal Impact:

• The California Department of Education (CDE) estimates additional workload worth about $80,000 to complete the report. However, staff notes that an identical requirement already exists in current law pursuant to AB 2007 (Grove, Chapter 807, Statutes of 2014) which CDE has yet to complete. Therefore, any costs for the report could be attributable to AB 2007. Further, by essentially extending the due date from December 31, 2016, to December 31, 2019, this bill could provide flexibility for the CDE to complete the report.
• Likely minimal Proposition 98 General Fund impact to allow students that move to stay enrolled in their virtual or online charter schools of attendance for the remainder of the school year.

Background:

Existing law allows school districts, county offices of education, and charter schools to claim independent study average daily attendance (ADA) 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.

Further, existing law allows, until January 1, 2018, a virtual or online charter school to claim independent study ADA for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first. Existing law also requires the California Department of Education (CDE) to report by December 31, 2016 on the need for a virtual or online charter school to claim independent study attendance for a pupil who moves outside of the geographic boundaries of the school for the remainder of the pupil’s course or school year, whichever is less.

Proposed Law:

This bill extends from January 1, 2018 to January 1, 2021 a provision allowing a virtual or online charter school to claim independent study student average daily attendance for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first.

This bill also codifies the existing requirement for CDE to report to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst’s Office on its assessment of the need for a virtual or online charter school to claim the independent study ADA for a pupil who is enrolled in a virtual or online charter school and moves outside of the geographic boundaries of the virtual or online charter school for the duration of the course or until the end of the school year. The report would be due on or before December 31, 2019.

Related Legislation:

AB 318 (Cabellero) prohibits a local educational agency from being eligible to receive apportionments for independent study unless it has adopted and implemented written policies that include a statement that a teacher shall make visual in-person contact with a student or by a live visual connection at least once per week. This bill is on the Senate Appropriation Committee’s suspense file.

AB 2007 (Grove, Chapter 807, Statutes of 2014), similar to this bill, authorized virtual and online charter schools to claim ADA for pupils enrolled in the school’s independent study program who move outside of the geographic boundaries in which the charter school is authorized to operate.

Staff Comments:

By authorizing a virtual or online charter school to continue serving pupils who move outside of the schools’ geographic boundaries and claim their independent study ADA, this bill is unlikely to drive additional apportionment costs. The cost of allowing a pupil to stay enrolled in the virtual or online school for the remainder of the school year would be the same amount that the state is already paying for that pupil. On the other hand, if the pupil, absent the ability to continue in his or her school, enrolls in a traditional school, it does not appear there would be additional costs to the state nor would there be an overall increase in ADA because the ADA generated by these pupils would essentially shift from the virtual or online charter schools to their new school districts.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: Hearing Date: July 12, 2017

Subject:

SUMMARY

This bill extends by three years the authority of a virtual or online charter school to continue claiming independent study attendance for a pupil who moves outside of the geographic boundaries of the school for the remainder of the pupil’s course or school year, whichever is less.

BACKGROUND

Existing law:

1. Allows school districts, county offices of education, and charter schools to claim independent study average daily attendance (ADA) 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.
2. Allows, until January 1, 2018, a virtual or online charter school to claim independent study ADA for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first.
3. Requires the California Department of Education to report by December 31, 2016 on the need for a virtual or online charter school to claim independent study attendance for a pupil who moves outside of the geographic boundaries of the school for the remainder of the pupil’s course or school year, whichever is less.

ANALYSIS

This bill:

1. Extends from January 1, 2018 to January 1, 2021 a provision allowing a virtual or online charter school to claim independent study student average daily attendance for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first.
2. Requires the California Department of Education to report, on or before December 31, 2019, to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst’s Office on the department’s assessment of the need for a virtual or online charter school to claim the independent study average daily attendance (ADA) for a pupil who is enrolled in a virtual or online charter school and moves outside of the geographic boundaries of the virtual or online charter school for the duration of the course or until the end of the school year.

STAFF COMMENTS

1. Need for the bill. According to the author's office, this bill is needed because students and parents are often unaware of the requirement that pupils must remain within the geographic boundaries of a virtual school in order for the school to claim that pupil's ADA for state funding purposes. Families often move due to circumstances beyond their control and the ability to stay enrolled in a virtual school provides some stability and eases the transition to a new location.
2. Does this allowance hinder oversight or student services? Schools are primarily funded on the basis of ADA, also referred to as “seat time.” It serves as the proxy for the funds needed for teachers, administrators, and other school employees to provide instruction, instructional support, ancillary services, etc. Currently, a virtual or online charter school is prohibited from receiving ADA for the instruction of pupils who do not reside in the county where the school is chartered or in a county adjacent to that in which it is authorized. By continuing to allow a charter school to receive ADA for students that have moved to a different county, albeit on a limited basis, this bill continues potential oversight difficulties for the charter authorizer, and raises questions regarding the school’s ability to provide instructional services for its students. Instruction for virtual charter schools may not necessarily take place via the Internet 100 percent of the time. Students may still meet face-to-face with their teachers or other instructional staff in a classroom setting for testing purposes and to receive tutoring and counseling services. For students living potentially across the state, this would be difficult to do. Further, if a special education student’s Individualized Education Plan includes certain requirements, such as accommodations or modifications when taking an assessment, it is unclear how this can be done smoothly.
3. Avoiding negative impacts on students. Based on research demonstrating that moving between schools negatively impacts student performance, an argument can be made that this bill minimizes the need for students to change upon moving residences. Students who transfer between schools often encounter lower achievement levels due to discontinuity of curriculum between schools, behavioral problems, and difficulty developing peer relationships. While a student who transfers between online schools may avoid some of the social or behavioral issues, this bill addresses those students who are required to leave an online school and enroll in a brick and mortar school as well as addressing the academic concerns that will follow the student to any new school.
4. An uncodified reporting requirement. The attendance claiming flexibility for virtual or online charter schools that this bill would extend was first established by Chapter 807, Statutes of 2014 (AB 2007, Grove). AB 2007 also required the California Department of Education (CDE) to report on the need for the attendance claiming flexibility by December 31, 2016. While the attendance claiming portion of AB 2007 was drafted as codified language (Education Code Section 51747.3), the reporting requirement was drafted in its own uncodified section of the bill. As a result, CDE was unaware that the report was included in the chaptered version of the bill, and the report was never completed. This bill includes codified language requiring CDE to complete the previously required report by December 31, 2019.
5. Opposition to virtual or online charter schools. Some opponents of this bill cite concerns with virtual or online charter schools generally. For example, the California Federation of Teachers states “Given the issues that surround virtual charter schools in our state, we urge the Legislature to bring a moratorium on virtual charter schools until after a full investigation, audit, or report has been authored to better understand the role, if any, that virtual charter schools may serve. There is no need to allow the harm done by these institutions to continue in order to study their effect on students.” Other opponents, such as the California School Employees Association, argue that extending the boundaries of these programs “…only allows online virtual charter schools to continue to encroach upon the boundaries of other school districts and their home study and/or online programs, anywhere in the state, which we do not support.”

The scope of this bill is limited to preserving the ability of a parent or guardian to keep their child enrolled in their virtual or online program for a limited time after moving outside of the school’s boundaries, to the extent that the parent or guardian decides that it would be beneficial in the short-term. As such, it can be argued that criticisms of the effectiveness of virtual or online programs should be addressed through broader independent study or charter school measures.

1. Related legislation.

AB 318 (Cabellero) prohibits a local educational agency from being eligible to receive apportionments for independent study unless it has adopted and implemented written policies that include a statement that a teacher shall make visual in-person contact with a student or by a live visual connection at least once per week. The bill was heard by this Committee on June 28, 2017 and, at the request of the Committee, was heard again and passed this committee on July 5, 2017.

SUPPORT

Aplus

California Charter Schools Association

California Connections Academy @ Central

California Connections Academy @ North Bay

California Connections Academy @ Ripon

California Parents for Public Virtual Education

Capistrano California Connections Academy

Charter Schools Development Center

iLead

OPPOSITION

California Federation of Teachers

California School Boards Association

California School Employees Association

California State PTA

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: Hearing Date: July 5, 2017

Subject:

SUMMARY

This bill extends by three years the authority of a virtual or online charter school to continue claiming independent study attendance for a pupil who moves outside of the geographic boundaries of the school for the remainder of the pupil’s course or school year, whichever is less.

BACKGROUND

Existing law:

1. Allows school districts, county offices of education, and charter schools to claim independent study average daily attendance (ADA) 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.
2. Allows, until January 1, 2018, a virtual or online charter school to claim independent study ADA for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first.
3. Requires the California Department of Education to report by December 31, 2016 on the need for a virtual or online charter school to claim independent study attendance for a pupil who moves outside of the geographic boundaries of the school for the remainder of the pupil’s course or school year, whichever is less.

ANALYSIS

This bill:

1. Extends from January 1, 2018 to January 1, 2021 a provision allowing a virtual or online charter school to claim independent study student average daily attendance for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first.
2. Requires the California Department of Education to report, on or before December 31, 2019, to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst’s Office on the department’s assessment of the need for a virtual or online charter school to claim the independent study average daily attendance (ADA) for a pupil who is enrolled in a virtual or online charter school and moves outside of the geographic boundaries of the virtual or online charter school for the duration of the course or until the end of the school year.

STAFF COMMENTS

1. Need for the bill. According to the author's office, this bill is needed because students and parents are often unaware of the requirement that pupils must remain within the geographic boundaries of a virtual school in order for the school to claim that pupil's ADA for state funding purposes. Families often move due to circumstances beyond their control and the ability to stay enrolled in a virtual school provides some stability and eases the transition to a new location.
2. Does this allowance hinder oversight or student services? Schools are primarily funded on the basis of ADA, also referred to as “seat time.” It serves as the proxy for the funds needed for teachers, administrators, and other school employees to provide instruction, instructional support, ancillary services, etc. Currently, a virtual or online charter school is prohibited from receiving ADA for the instruction of pupils who do not reside in the county where the school is chartered or in a county adjacent to that in which it is authorized. By continuing to allow a charter school to receive ADA for students that have moved to a different county, albeit on a limited basis, this bill continues potential oversight difficulties for the charter authorizer, and raises questions regarding the school’s ability to provide instructional services for its students. Instruction for virtual charter schools may not necessarily take place via the Internet 100 percent of the time. Students may still meet face-to-face with their teachers or other instructional staff in a classroom setting for testing purposes and to receive tutoring and counseling services. For students living potentially across the state, this would be difficult to do. Further, if a special education student’s Individualized Education Plan includes certain requirements, such as accommodations or modifications when taking an assessment, it is unclear how this can be done smoothly.
3. Avoiding negative impacts on students. Based on research demonstrating that moving between schools negatively impacts student performance, an argument can be made that this bill minimizes the need for students to change upon moving residences. Students who transfer between schools often encounter lower achievement levels due to discontinuity of curriculum between schools, behavioral problems, and difficulty developing peer relationships. While a student who transfers between online schools may avoid some of the social or behavioral issues, this bill addresses those students who are required to leave an online school and enroll in a brick and mortar school as well as addressing the academic concerns that will follow the student to any new school.
4. An uncodified reporting requirement. The attendance claiming flexibility for virtual or online charter schools that this bill would extend was first established by Chapter 807, Statutes of 2014 (AB 2007, Grove). AB 2007 also required the California Department of Education (CDE) to report on the need for the attendance claiming flexibility by December 31, 2016. While the attendance claiming portion of AB 2007 was drafted as codified language (Education Code Section 51747.3), the reporting requirement was drafted in its own uncodified section of the bill. As a result, CDE was unaware that the report was included in the chaptered version of the bill, and the report was never completed. This bill includes codified language requiring CDE to complete the previously required report by December 31, 2019.
5. Opposition to virtual or online charter schools. Some opponents of this bill cite concerns with virtual or online charter schools generally. For example, the California Federation of Teachers states “Given the issues that surround virtual charter schools in our state, we urge the Legislature to bring a moratorium on virtual charter schools until after a full investigation, audit, or report has been authored to better understand the role, if any, that virtual charter schools may serve. There is no need to allow the harm done by these institutions to continue in order to study their effect on students.” Other opponents, such as the California School Employees Association, argue that extending the boundaries of these programs “…only allows online virtual charter schools to continue to encroach upon the boundaries of other school districts and their home study and/or online programs, anywhere in the state, which we do not support.”

The scope of this bill is limited to preserving the ability of a parent or guardian to keep their child enrolled in their virtual or online program for a limited time after moving outside of the school’s boundaries, to the extent that the parent or guardian decides that it would be beneficial in the short-term. As such, it can be argued that criticisms of the effectiveness of virtual or online programs should be addressed through broader independent study or charter school measures.

1. Related legislation.

AB 318 (Cabellero) prohibits a local educational agency from being eligible to receive apportionments for independent study unless it has adopted and implemented written policies that include a statement that a teacher shall make visual in-person contact with a student or by a live visual connection at least once per week. The bill was heard by this Committee on June 28, 2017 and, at the request of the Committee, will be heard again on July 5, 2017.

SUPPORT

Aplus

California Charter Schools Association

California Connections Academy @ Central

California Connections Academy @ North Bay

California Connections Academy @ Ripon

California Parents for Public Virtual Education

Capistrano California Connections Academy

Charter Schools Development Center

iLead

OPPOSITION

California Federation of Teachers

California School Boards Association

California School Employees Association

California State PTA

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1528

Author:(Acosta)

As Amended Ver:

Majority vote

SUMMARY: Extends the sunset date on a provision allowing a virtual or online school to claim independent study student average daily attendance (ADA) for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first. Specifically, this bill:

1. Extends from January 1, 2018 to January 1, 2021 a provision allowing a virtual or online school to claim independent study student average daily attendance (ADA) for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first.
2. Requires the California Department of Education (CDE) to report, on or before December 31, 2019, to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst's Office on the department's assessment of the need for a virtual or online charter school to claim the independent study average daily attendance for a pupil who is enrolled in a virtual or online charter school and moves outside of the geographic boundaries of the virtual or online charter school for the duration of the course or until the end of the school year.

EXISTING LAW:

1. Allows school districts, county offices of education, and charter schools to claim independent study ADA 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.
2. Allows, January 1, 2018, a virtual or online school to claim independent study student average daily attendance (ADA) for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first.
3. Requires the CDE to report, on or before December 31, 2016, to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst's Office on the department's assessment of the need for a virtual or online charter school to claim the independent study average daily attendance for a pupil who is enrolled in a virtual or online charter school and moves outside of the geographic boundaries of the virtual or online charter school for the duration of the course or until the end of the school year.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

Approximately, $80,000 to $100,000 General Fund cost to the CDE to research and submit a report as specified.

Minimal, if any, fiscal impact. While the bill could result in an increase in ADA claimed by charter schools, there would not be an overall increase in ADA because the ADA would have otherwise been claimed by the new local educational agency in which the student enrolls.

COMMENTS:

Purpose of the bill. This bill extends until January 1, 2021 the ability of a virtual school to claim ADA for apportionment purposes of a pupil who moves outside of the geographic boundaries served by the school, until the course or courses in which the pupil is enrolled is completed or the school year ends, whichever comes first. According to information provided by the author's office, this provision is needed, because students and parents are often unaware of the requirement that pupils must remain within the geographic boundaries of a virtual school in order for the school to claim that pupil's ADA for apportionment purposes. Families often move due to circumstances beyond their control, and the ability to stay enrolled in a virtual school provides some stability and eases the transition to a new location.

Prior legislation. The ability for virtual schools to claim ADA for pupils who have moved outside of the schools geographic boundaries during the school year was established by AB 2007 (Grove), Chapter 807, Statutes of 2014. AB 2007 also required the CDE to report to the Legislature on the need for this flexibility no later than December 31, 2016. That requirement was uncodified, and the CDE did not produce the report.

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087 FN: 0000606

Date of Hearing: May 3, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1528

Author:(Acosta) – As Amended Ver:March 28, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill extends the sunset date on a provision allowing a virtual or online school to claim independent study student average daily attendance (ADA) for a pupil who moves outside of the geographic boundaries of the school. Specifically, this bill:

1. Extends from January 1, 2018 to January 1, 2021, a provision allowing a virtual or online school to claim independent study student ADA for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled, or until the end of the school year, whichever comes first.
2. Requires the California Department of Education (CDE) to conduct an assessment of the need for a virtual or online charter school to claim the independent study ADA for a pupil who is enrolled in a virtual or online charter school and moves outside of the geographic boundaries of the virtual or online charter school and submit a report to both houses of the Legislature, the Department of Finance, and the Legislative Analyst’s Office on or before December 31, 2019.

FISCAL EFFECT:

Approximately, $80,000 to $100,000 general fund cost to the CDE. Workload consists of staff identifying the virtual online charter schools (charter schools in which at least 80 percent of teaching and pupil interaction occurs via the Internet) and surveying them regarding the need for ADA for a pupil who moves to a residence outside of the statutory geographic boundaries and how those funds would be utilized. Staff would also need to identify a comparable list of charter schools that provide similar instruction, but to fewer than 80 percent of their pupils survey them as the impact of not having those funds, and use this comparative information to understand the need for the eligible schools to receive the ADA funding. Additional work will be required to write and submit the report as specified.

Minimal, if any, fiscal impact. While the bill could result in an increase in ADA claimed by charter schools, there would not be an overall increase in ADA because the ADA would have otherwise been claimed by the new local educational agency in which the student enrolls.

COMMENTS:

1. Background. Existing law allows school districts, county offices of education, and charter schools to claim independent study ADA 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. Virtual or online schools are authorized to claim independent study student ADA for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first until July 1, 2018. The ability for virtual schools to claim ADA for pupils who have moved outside of the schools geographic boundaries during the school year was established by AB 2007 (Grove) Chapter 807, Statutes of 2014. AB 2007 required the CDE to report to the Legislature on the need for this flexibility no later than December 31, 2016. That requirement was uncodified, and the CDE did not produce the report.
2. Purpose. This bill extends until January 1, 2021, the ability of a virtual school to claim ADA for apportionment purposes of a pupil who moves outside of the geographic boundaries served by the school, until the course or courses in which the pupil is enrolled is completed, or the school year ends, whichever comes first. According to information provided by the author's office, this provision is needed because students and parents are often unaware of the requirement that pupils must remain within the geographic boundaries of a virtual school in order for the school to claim that pupil's ADA for apportionment purposes. Families often move due to circumstances beyond their control and the ability to stay enrolled in a virtual school provides some stability and eases the transition to a new location.

Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081

Date of Hearing: April 19, 2017

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1528 (

Author:Acosta) – As Introduced Ver:February 17, 2017

SUBJECT: Virtual or online charter schools: average daily attendance: report

SUMMARY: Extends the sunset date on a provision allowing a virtual or online school to claim independent study student average daily attendance (ADA) for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first. Specifically, this bill:

1. Extends from January 1, 2018 to January 1, 2021 a provision allowing a virtual or online school to claim independent study student average daily attendance (ADA) for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first.
2. Requires the California Department of Education (CDE) to report, on or before December 31, 2020, to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst’s Office on the department’s assessment of the need for a virtual or online charter school to claim the independent study average daily attendance for a pupil who is enrolled in a virtual or online charter school and moves outside of the geographic boundaries of the virtual or online charter school for the duration of the course or until the end of the school year.

EXISTING LAW:

1. Allows school districts, county offices of education, and charter schools to claim independent study ADA 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.
2. Allows, January 1, 2018, a virtual or online school to claim independent study student average daily attendance (ADA) for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first.
3. Requires the CDE ) to report, on or before December 31, 2016, to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst’s Office on the department’s assessment of the need for a virtual or online charter school to claim the independent study average daily attendance for a pupil who is enrolled in a virtual or online charter school and moves outside of the geographic boundaries of the virtual or online charter school for the duration of the course or until the end of the school year.

FISCAL EFFECT: Unknown

COMMENTS:

Purpose of the bill. This bill extends until January 1, 2021 the ability of a virtual school to claim ADA for apportionment purposes of a pupil who moves outside of the geographic boundaries served by the school, until the course or courses in which the pupil is enrolled is completed or the school year ends, whichever comes first. According to information provided by the author's office, this provision is needed, because students and parents are often unaware of the requirement that pupils must remain within the geographic boundaries of a virtual school in order for the school to claim that pupil's ADA for apportionment purposes. Families often move due to circumstances beyond their control, and the ability to stay enrolled in a virtual school provides some stability and eases the transition to a new location.

Prior legislation. The ability for virtual schools to claim ADA for pupils who have moved outside of the schools geographic boundaries during the school year was established by AB 2007 (Grove, Chapter 807, Statutes of 2014). AB 2007 also required the CDE to report to the Legislature on the need for this flexibility no later than December 31, 2016. That requirement was uncodified, and the CDE did not produce the report. The report required by AB 2007 was due a year before the provisions of that bill sunset. The report required by this bill is due only one day before its provisions sunset. Staff recommends that the bill be amended to change the due date of the report to December 31, 2019 to give the Legislature time to consider the findings before extending the sunset date of these provisions again.

Pupil performance in online charter schools has been found to be "far weaker" than the performance of pupils in traditional public schools. Although this bill affects a small number of pupils, it is supportive of the continued operation of virtual schools against the advice of many who have researched them. A 2015 report by the Center for Research on Education Outcomes (CREDO) at Stanford University found that "the majority of on online charter students had far weaker academic growth in both math and reading compared to their traditional public school peers. To conceptualize this shortfall, it would equate to a student losing 72 days of learning in reading and 180 days of learning in math, based on a 180-day school year." [Emphasis in the original.] Other studies have made similar findings. For example, the fourth edition of the National Education Policy Center's annual report on online schools released in 2016 found that online school outcomes "are consistently below traditional public schools." Other studies of virtual schools in Colorado, Florida, Ohio, and Wisconsin found that they had lower levels of achievement, high dropout rates, and low graduation rates. These findings have led to the suggestion that policymakers slow or stop the growth of virtual schools and the size of their enrollment until the reasons for their poor performance are identified and addressed.

REGISTERED SUPPORT / OPPOSITION:

Support

Aplus+

California Charter School Association

California Connections Academy at Capistrano

California Connections Academy at Central

California Connections Academy at North Bay

California Connections Academy at Ripon

California Parents for Virtual Education

Charter Schools Development Center

iLead

Opposition

California Federation of Teachers

California School Boards Association

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1528 (

Author:Acosta) – As Amended Ver:March 28, 2017

SUBJECT: Virtual or online charter schools: average daily attendance: report

SUMMARY: Extends the sunset date on a provision allowing a virtual or online school to claim independent study student average daily attendance (ADA) for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first. Specifically, this bill:

1. Extends from January 1, 2018 to January 1, 2021 a provision allowing a virtual or online school to claim independent study student average daily attendance (ADA) for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first.
2. Requires the California Department of Education (CDE) to report, on or before December 31, 2019, to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst’s Office on the department’s assessment of the need for a virtual or online charter school to claim the independent study average daily attendance for a pupil who is enrolled in a virtual or online charter school and moves outside of the geographic boundaries of the virtual or online charter school for the duration of the course or until the end of the school year.

EXISTING LAW:

1. Allows school districts, county offices of education, and charter schools to claim independent study ADA 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.
2. Allows, January 1, 2018, a virtual or online school to claim independent study student average daily attendance (ADA) for a pupil who moves outside of the geographic boundaries of the school for the duration of the course or courses in which the pupil is enrolled or until the end of the school year, whichever comes first.
3. Requires the CDE ) to report, on or before December 31, 2016, to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst’s Office on the department’s assessment of the need for a virtual or online charter school to claim the independent study average daily attendance for a pupil who is enrolled in a virtual or online charter school and moves outside of the geographic boundaries of the virtual or online charter school for the duration of the course or until the end of the school year.

FISCAL EFFECT: Unknown

COMMENTS:

Purpose of the bill. This bill extends until January 1, 2021 the ability of a virtual school to claim ADA for apportionment purposes of a pupil who moves outside of the geographic boundaries served by the school, until the course or courses in which the pupil is enrolled is completed or the school year ends, whichever comes first. According to information provided by the author's office, this provision is needed, because students and parents are often unaware of the requirement that pupils must remain within the geographic boundaries of a virtual school in order for the school to claim that pupil's ADA for apportionment purposes. Families often move due to circumstances beyond their control, and the ability to stay enrolled in a virtual school provides some stability and eases the transition to a new location.

Prior legislation. The ability for virtual schools to claim ADA for pupils who have moved outside of the schools geographic boundaries during the school year was established by AB 2007 (Grove, Chapter 807, Statutes of 2014). AB 2007 also required the CDE to report to the Legislature on the need for this flexibility no later than December 31, 2016. That requirement was uncodified, and the CDE did not produce the report. This bill codifies the reporting requirement with a due date of December 31, 2019.

Pupil performance in online charter schools has been found to be "far weaker" than the performance of pupils in traditional public schools. Although this bill affects a small number of pupils, it is supportive of the continued operation of virtual schools against the advice of many who have researched them. A 2015 report by the Center for Research on Education Outcomes (CREDO) at Stanford University found that "the majority of online charter students had far weaker academic growth in both math and reading compared to their traditional public school peers. To conceptualize this shortfall, it would equate to a student losing 72 days of learning in reading and 180 days of learning in math, based on a 180-day school year." [Emphasis in the original.] Other studies have made similar findings. For example, the fourth edition of the National Education Policy Center's annual report on online schools released in 2016 found that online school outcomes "are consistently below traditional public schools." Other studies of virtual schools in Colorado, Florida, Ohio, and Wisconsin found that they had lower levels of achievement, high dropout rates, and low graduation rates. These findings have led to the suggestion that policymakers slow or stop the growth of virtual schools and the size of their enrollment until the reasons for their poor performance are identified and addressed.

REGISTERED SUPPORT / OPPOSITION:

Support

Aplus

California Connections Academy @ Central

California Connections Academy @ North Bay

California Connections Academy @ Ripon

California Parents for Public Virtual Education

Capistrano California Connections Academy

Charter Schools Development Center

iLead

Opposition

California School Boards Association

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087