AB 318: Pupil instruction: independent study: visual contact with pupil.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-07-12
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. Existing law prohibits a school district or county office of education from being eligible to receive apportionments for independent study by pupils unless it has adopted and implemented specified written policies.
This bill would also prohibit a school district or county office of education from being eligible to receive apportionments for independent study by pupils unless it has adopted and implemented written policies, pursuant to rules and regulations adopted by the Superintendent of Public Instruction, that include a statement requiring a teacher to make visual contact with a pupil in person or by a live visual connection, no less than once per week, to assess whether the pupil is making satisfactory educational progress. The bill would authorize the principal of the program, or a designee of the governing board of a participating school district or county office of education, to make exceptions to that requirement on a case-by-case basis, for justifiable reasons and for a specified period of time.Existing law authorizes a charter school that has an approved charter to receive funding for nonclassroom-based instruction, including independent study, only if a determination for funding is made by the State Board of Education pursuant to specified requirements.
This bill would also prohibit a school district, county office of education, or charter school from being eligible to receive apportionments for independent study by pupils unless it has adopted and implemented a written policy that requires a teacher to make visual contact with a pupil in person or by a live visual connection, no less than once per week, every 2 weeks, to assess whether the pupil is making satisfactory educational progress. The bill would authorize the principal of the program, or a designee of the governing board or body of a participating school district, county office of education, or charter school, to make exceptions to that requirement on a case-by-case basis, for justifiable reasons and for a specified period of time.
Existing law authorizes a school district, charter school, or county office of education, commencing with the 201516 school year, to provide independent study courses for pupils enrolled in kindergarten and grades 1 to 12, inclusive, in accordance with prescribed conditions. Existing law requires certificated employees and each pupil to communicate in person, by telephone, or by any other live visual or audio connection no less than twice per calendar month to assess whether each pupil is making satisfactory educational progress.
This bill would instead require certificated employees and each pupil to communicate in person or by a live visual connection, no less than once every 2 weeks, to assess whether each pupil is making satisfactory educational progress. The bill would authorize the principal of the program, or a designee of the governing board or body of a participating school district, charter school, or county office of education, to make exceptions to that requirement on a case-by-case basis, for justifiable reasons and for a specified period of time.
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. Existing law prohibits a school district or county office of education from being eligible to receive apportionments for independent study by pupils unless it has adopted and implemented specified written policies.
This bill would also prohibit a school district or county office of education from being eligible to receive apportionments for independent study by pupils unless it has adopted and implemented written policies, pursuant to rules and regulations adopted by the Superintendent of Public Instruction, that include a statement requiring a teacher to make visual contact with a pupil in person or by a live visual connection, no less than once per week, to assess whether the pupil is making satisfactory educational progress. The bill would authorize the principal of the program, or a designee of the governing board of a participating school district or county office of education, to make exceptions to that requirement on a case-by-case basis, for justifiable reasons and for a specified period of time.
Existing law authorizes a charter school that has an approved charter to receive funding for nonclassroom-based instruction, including independent study, only if a determination for funding is made by the State Board of Education pursuant to specified requirements.
This bill would also prohibit a charter school from being eligible to receive apportionments for independent study by pupils unless it has adopted and implemented a written policy that requires a teacher to make visual contact with a pupil in person or by a live visual connection, no less than once per week, to assess whether the pupil is making satisfactory educational progress. The bill would authorize the principal of the program, or a designee of the governing body of a participating charter school, to make exceptions to that requirement on a case-by-case basis, for justifiable reasons and for a specified period of time.
Existing law authorizes a school district, charter school, or county office of education, commencing with the 201516 school year, to provide independent study courses for pupils enrolled in kindergarten and grades 1 to 12, inclusive, in accordance with prescribed conditions. Existing law requires certificated employees and each pupil to communicate in person, by telephone, or by any other live visual or audio connection no less than twice per calendar month to assess whether each pupil is making satisfactory educational progress.This bill would instead require certificated employees and each pupil to communicate in person or by a live visual connection, no less than once per week, to assess whether each pupil is making satisfactory educational progress. The bill would authorize the principal of the program, or a designee of the governing board or body of a participating school district, charter school, or county office of education, to grant exceptions to that requirement on a case-by-case basis, for justifiable reasons, as provided.Existing law authorizes a school district, charter school, or county office of education, commencing with the 201516 school year, to provide independent study courses for pupils enrolled in kindergarten and grades 1 to 12, inclusive, in accordance with prescribed conditions. Existing law requires certificated employees and each pupil to communicate in person, by telephone, or by any other live visual or audio connection no less than twice per calendar month to assess whether each pupil is making satisfactory educational progress.
This bill would instead require certificated employees and each pupil to communicate in person or by a live visual connection, no less than once per week, to assess whether each pupil is making satisfactory educational progress. The bill would authorize the principal of the program, or a designee of the governing board or body of a participating school district, charter school, or county office of education, to grant exceptions to that requirement on a case-by-case basis, for justifiable reasons, as provided.
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, that include, but are not limited to, all of the following:
(a)(1)A statement that a teacher shall make visual contact with a pupil in person or by a live visual connection, no less than once per week, every two weeks, to assess whether the pupil is making satisfactory educational progress.
(2)An exception to the requirement in paragraph (1) may be made on a case-by-case basis by the principal of the program, or by a designee of the governing board of a participating school district or county office of education, for justifiable reasons and for a specified period of time. The parent or guardian of a pupil who seeks an exception shall make a request in writing that designates the reason and the specified period of time for the exception. The principal or designee shall approve or deny the request pursuant to uniform standards established by the governing board of the participating school district or county office of education.
(b)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.
(c)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.
(d)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 pupils assignments and for reporting his or her progress.
(2)The objectives and methods of study for the pupils 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 (b) and (c) regarding the maximum length of time allowed between the assignment and the completion of a pupils assigned work, and the number of missed assignments allowed 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 pupils participation in independent study under the agreement. No independent study agreement shall be valid for any period longer than one 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, before the commencement of independent study, by the pupil, the pupils 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 Division 11 of the Family Code.
(B)Signed written agreements, supplemental agreements, assignment records, work samples, and attendance records assessing time value of work or evidence that an instructional activity occurred may be maintained as an electronic file.
(C)For purposes of this section, an electronic file 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, that may be sent via fax machine, email, or other electronic means.
(D)Either an original document or an electronic file of the original document is allowable documentation for auditing purposes.
SEC. 2.Section 51747.1 is added to the Education Code, to read:51747.1.(a)A charter school shall not be eligible to receive apportionments for independent study by pupils, regardless of age, unless it has adopted and implemented a written policy that requires a teacher to make visual contact with a pupil in person or by a live visual connection, no less than once per week, every two weeks, to assess whether the pupil is making satisfactory educational progress.
(b)An exception to the requirement in subdivision (a) may be made on a case-by-case basis by the principal of the program, or by a designee of the governing body of a participating charter school, for justifiable reasons and for a specified period of time. The parent or guardian of a pupil who seeks an exception shall make a request in writing that designates the reason and the specified period of time for the exception. The principal or designee shall approve or deny the request pursuant to uniform standards established by the governing body of the participating charter school.
SEC. 3.Section 51749.5 of the Education Code is amended to read:51749.5.(a)Notwithstanding any other law, and commencing with the 201516 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 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, 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)(i)Certificated employees and each pupil shall communicate in person, by telephone, or by any other live visual or audio connection no less than twice per calendar month person or by a live visual connection, no less than once every two weeks, to assess whether each pupil is making satisfactory educational progress.
(ii)An exception to the requirement in clause (i) may be granted on a case-by-case basis by the principal of the program, or by a designee of the governing board or body of a participating school district, charter school, or county office of education, for justifiable reasons and for a specified period of time. The parent or guardian of a pupil who seeks an exception shall make a request in writing that designates the reason and the specified period of time for the exception. The principal or designee shall approve or deny the request pursuant to uniform standards established by the governing board or body of the participating school district, charter school, or county office of education.
(B)For purposes of this section, satisfactory educational progress includes, but is not limited to, applicable statewide accountability measures 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 pupils 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 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)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 schools or charter schools testing results are aggregated.
(B)Statewide testing results for pupils enrolled in a course or courses pursuant to this section shall be disaggregated for purposes of comparing the testing results of those pupils to the testing results of pupils enrolled in classroom-based courses.
(10)A pupil shall not be required to enroll in courses authorized by this section.
(11)The pupil-to-certificated-employee ratio limitations established pursuant to Section 51745.6 are applicable to courses authorized by this section.
(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 minimum instructional day 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.
(13)Courses required for high school graduation or for admission to the University of California or California State University shall not be offered exclusively through independent study.
(14)A pupil participating in independent study shall not be assessed a fee prohibited by Section 49011.
(15)A pupil shall not be prohibited from participating in independent study solely on the basis that he or she does not have the materials, equipment, or Internet access that are necessary to participate in the independent study course.
(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, and all other requirements in this section have been met, 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.
(5)If more than 10 percent of the total average daily attendance of a school district, charter school, or county office of education is claimed pursuant to this section, then the amount of average daily attendance for all pupils enrolled by that school district, charter school, or county office of education in courses authorized pursuant to this section that is in excess of 10 percent of the total average daily attendance for the school district, charter school, or county office of education shall be reduced by either (A) the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or (B) the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year, with the resultant figures and ranges rounded to the nearest 10th.
(c)For purposes of this section, equivalent total instructional minutes means the same number of minutes as required for an equivalent classroom-based course.
(d)Nothing in this section shall be deemed to prohibit the right to collectively bargain any subject within the scope of representation pursuant to Section 3543.2 of the Government Code.
(e)(1)The Superintendent shall conduct an evaluation of independent study courses offered pursuant to this section and report the findings to the Legislature and the Director of Finance no later than September 1, 2019. The report shall, at a minimum, compare the academic performance of pupils in independent study with demographically similar pupils enrolled in equivalent classroom-based courses.
(2)The requirement for submitting a report imposed under paragraph (1) is inoperative on September 1, 2023, pursuant to Section 10231.5 of the Government Code.
(3)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
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, that include, but are not limited to, all of the following:
(a)(1)A statement that a teacher shall make visual contact with a pupil in person or by a live visual connection, no less than once per week, to assess whether the pupil is making satisfactory educational progress.
(2)An exception to the requirement in paragraph (1) may be made on a case-by-case basis by the principal of the program, or by a designee of the governing board of a participating school district or county office of education, for justifiable reasons and for a specified period of time. The parent or guardian of a pupil who seeks an exception shall make a request in writing that designates the reason and the specified period of time for the exception. The principal or designee shall approve or deny the request pursuant to uniform standards established by the governing board of the participating school district or county office of education.
(a)(b)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)(c)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)(d)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 pupils assignments and for reporting his or her progress.
(2)The objectives and methods of study for the pupils 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) and (c) regarding the maximum length of time allowed between the assignment and the completion of a pupils assigned work, and the number of missed assignments allowed 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 pupils participation in independent study under the agreement. No independent study agreement shall be valid for any period longer than one 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, before the commencement of independent study, by the pupil, the pupils 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 paragraph, caregiver means a person who has met the requirements of Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code.
(B)Signed written agreements, supplemental agreements, assignment records, work samples, and attendance records assessing time value of work or evidence that an instructional activity occurred may be maintained as an electronic file.
(C)For purposes of this section, an electronic file 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, that may be sent via fax machine, email, or other electronic means.
(D)Either an original document or an electronic file of the original document is allowable documentation for auditing purposes.
SEC. 2.Section 51747.1 is added to the Education Code, to read:51747.1.(a)A charter school shall not be eligible to receive apportionments for independent study by pupils, regardless of age, unless it has adopted and implemented a written policy that requires a teacher to make visual contact with a pupil in person or by a live visual connection, no less than once per week, to assess whether the pupil is making satisfactory educational progress.
(b)An exception to the requirement in subdivision (a) may be made on a case-by-case basis by the principal of the program, or by a designee of the governing body of a participating charter school, for justifiable reasons and for a specified period of time. The parent or guardian of a pupil who seeks an exception shall make a request in writing that designates the reason and the specified period of time for the exception. The principal or designee shall approve or deny the request pursuant to uniform standards established by the governing body of the participating charter school.
SECTION 1.Section 51749.5 of the Education Code is amended to read:51749.5.(a)Notwithstanding any other law, and commencing with the 201516 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 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, 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)(i)Certificated employees and each pupil shall communicate in person or by a live visual connection, no less than once per week, to assess whether each pupil is making satisfactory educational progress.(ii)An exception to the requirement in clause (i) may be granted on a case-by-case basis by the principal of the program, or by a designee of the governing board or body of a participating school district, charter school, or county office of education, for justifiable reasons, including for missing a weekly instructional session. The parent or guardian of a pupil who seeks an exception shall make a request in writing and the principal or designee shall review the request pursuant to uniform standards established by the governing board or body of a participating school district, charter school, or county office of education. If a pupil does not communicate with a certificated employee for more than two weeks and the principal or designee determines that communication is necessary, the principal or designee may require the pupil to communicate by live visual connection.(B)For purposes of this section, satisfactory educational progress includes, but is not limited to, applicable statewide accountability measures 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 pupils 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 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)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 schools or charter schools testing results are aggregated.(B)Statewide testing results for pupils enrolled in a course or courses pursuant to this section shall be disaggregated for purposes of comparing the testing results of those pupils to the testing results of pupils enrolled in classroom-based courses.(10)A pupil shall not be required to enroll in courses authorized by this section.(11)The pupil-to-certificated-employee ratio limitations established pursuant to Section 51745.6 are applicable to courses authorized by this section.(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 minimum instructional day 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.(13)Courses required for high school graduation or for admission to the University of California or California State University shall not be offered exclusively through independent study.(14)A pupil participating in independent study shall not be assessed a fee prohibited by Section 49011.(15)A pupil shall not be prohibited from participating in independent study solely on the basis that he or she does not have the materials, equipment, or Internet access that are necessary to participate in the independent study course.(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, and all other requirements in this section have been met, 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.(5)If more than 10 percent of the total average daily attendance of a school district, charter school, or county office of education is claimed pursuant to this section, then the amount of average daily attendance for all pupils enrolled by that school district, charter school, or county office of education in courses authorized pursuant to this section that is in excess of 10 percent of the total average daily attendance for the school district, charter school, or county office of education shall be reduced by either (A) the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or (B) the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year, with the resultant figures and ranges rounded to the nearest 10th.(c)For purposes of this section, equivalent total instructional minutes means the same number of minutes as required for an equivalent classroom-based course.(d)Nothing in this section shall be deemed to prohibit the right to collectively bargain any subject within the scope of representation pursuant to Section 3543.2 of the Government Code.(e)(1)The Superintendent shall conduct an evaluation of independent study courses offered pursuant to this section and report the findings to the Legislature and the Director of Finance no later than September 1, 2019. The report shall, at a minimum, compare the academic performance of pupils in independent study with demographically similar pupils enrolled in equivalent classroom-based courses.(2)The requirement for submitting a report imposed under paragraph (1) is inoperative on September 1, 2023, pursuant to Section 10231.5 of the Government Code.(3)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.(a)Notwithstanding any other law, and commencing with the 201516 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 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, 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)(i)Certificated employees and each pupil shall communicate in person, by telephone, person or by any other a live visual or audio connection connection, no less than twice once per calendar month week, to assess whether each pupil is making satisfactory educational progress.
(ii)An exception to the requirement in clause (i) may be granted on a case-by-case basis by the principal of the program, or by a designee of the governing board or body of a participating school district, charter school, or county office of education, for justifiable reasons, including for missing a weekly instructional session. The parent or guardian of a pupil who seeks an exception shall make a request in writing and the principal or designee shall review the request pursuant to uniform standards established by the governing board or body of a participating school district, charter school, or county office of education. If a pupil does not communicate with a certificated employee for more than two weeks and the principal or designee determines that communication is necessary, the principal or designee may require the pupil to communicate by live visual connection.
(B)For purposes of this section, satisfactory educational progress includes, but is not limited to, applicable statewide accountability measures 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 pupils 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 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)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 schools or charter schools testing results are aggregated.
(B)Statewide testing results for pupils enrolled in a course or courses pursuant to this section shall be disaggregated for purposes of comparing the testing results of those pupils to the testing results of pupils enrolled in classroom-based courses.
(10)A pupil shall not be required to enroll in courses authorized by this section.
(11)The pupil-to-certificated-employee ratio limitations established pursuant to Section 51745.6 are applicable to courses authorized by this section.
(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 minimum instructional day 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.
(13)Courses required for high school graduation or for admission to the University of California or California State University shall not be offered exclusively through independent study.
(14)A pupil participating in independent study shall not be assessed a fee prohibited by Section 49011.
(15)A pupil shall not be prohibited from participating in independent study solely on the basis that he or she does not have the materials, equipment, or Internet access that are necessary to participate in the independent study course.
(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, and all other requirements in this section have been met, 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.
(5)If more than 10 percent of the total average daily attendance of a school district, charter school, or county office of education is claimed pursuant to this section, then the amount of average daily attendance for all pupils enrolled by that school district, charter school, or county office of education in courses authorized pursuant to this section that is in excess of 10 percent of the total average daily attendance for the school district, charter school, or county office of education shall be reduced by either (A) the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or (B) the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year, with the resultant figures and ranges rounded to the nearest 10th.
(c)For purposes of this section, equivalent total instructional minutes means the same number of minutes as required for an equivalent classroom-based course.
(d)Nothing in this section shall be deemed to prohibit the right to collectively bargain any subject within the scope of representation pursuant to Section 3543.2 of the Government Code.
(e)(1)The Superintendent shall conduct an evaluation of independent study courses offered pursuant to this section and report the findings to the Legislature and the Director of Finance no later than September 1, 2019. The report shall, at a minimum, compare the academic performance of pupils in independent study with demographically similar pupils enrolled in equivalent classroom-based courses.
(2)The requirement for submitting a report imposed under paragraph (1) is inoperative on September 1, 2023, pursuant to Section 10231.5 of the Government Code.
(3)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
|
Date
|
Status
|
|---|---|
| Sep 1, 2017 | In committee: Held under submission. |
| Aug 21, 2017 | In committee: Referred to APPR. suspense file. |
| Jul 12, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 11, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 5). |
| Jun 28, 2017 | In committee: Set, second hearing. Testimony taken. Further hearing to be set. |
| Jun 19, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Jun 13, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 8, 2017 | Referred to Com. on ED. |
| May 30, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 21. Page 1792.) |
| May 15, 2017 | Read second time. Ordered to third reading. |
| May 11, 2017 | From committee: Do pass. (Ayes 5. Noes 1.) (May 10). |
| Mar 22, 2017 | In committee: Hearing postponed by committee. |
| Feb 21, 2017 | Referred to Com. on ED. |
| Feb 7, 2017 | From printer. May be heard in committee March 9. |
| Feb 6, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 21, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 5, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| May 30, 2017 | AB 318 CABALLERO Assembly Third Reading | Assembly Floor |
Passed |
|
| May 10, 2017 | Do pass. | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| An individual | ** Support | May 9, 2017 |
| APLUS+ Network Association | * Against Unless Amend | May 10, 2017 |
| Association of Personalized Learning Schools & Services | ** Against | May 9, 2017 |
| California Charter School Association | * Indeterminate | Jul 5, 2017 |
| California Consortium For Independent Study | * Against Unless Amend | Jul 5, 2017 |
| California Consortium of Independent Study | * Against | May 10, 2017 |
| California Federation Of Teachers | * Support | Jun 28, 2017 |
| California School Boards Association | * For If Amend | Jun 28, 2017 |
| California State PTA | * Support | Jun 28, 2017 |
| California Teachers Association | * Support | Jul 5, 2017 |
| Charter Schools Development Center | ** Against | Jun 27, 2017 |
| Chief Probation Officers Of California | ** Support | Jun 27, 2017 |
| Choices Charter School | ** Against | Jun 27, 2017 |
| city of salinas, chief of police | ** Support | Jun 27, 2017 |
| County Behavioral Health Directors Association of California | ** Support | Jun 27, 2017 |
| County Welfare Directors Association Of California (Cwda) | * Support | Jun 28, 2017 |
| court appointed special advocates of monterey | ** Support | Jun 27, 2017 |
| district attorney, monterey county | ** Support | Jun 27, 2017 |
| Glendale College Guild | * Support | May 10, 2017 |
| Individuals | ** Support | Jun 27, 2017 |
| K-12, Inc. | ** Against | Jun 27, 2017 |
| Monterey County Board of Education | ** Support | Jun 27, 2017 |
| Monterey County Board of Supervisors | * Support | May 10, 2017 |
| Monterey County Department of Social Services | * Support | May 10, 2017 |
| monterey county district attorney | ** Support | Jun 27, 2017 |
| Monterey County Home Charter School | * Support | Jun 28, 2017 |
| monterey county home charter school charter advisory board | ** Support | Jun 27, 2017 |
| Monterey County Office Of Education | * Support | Jun 28, 2017 |
| Monterey County Office of the District Attorney | ** Support | May 9, 2017 |
| monterey county sheriff's office | ** Support | Jun 27, 2017 |
| Monterey Home Independent Charter School | * Support | May 10, 2017 |
| North Monterey County Unified School District | * Support | Jun 28, 2017 |
| Pacific Charter Institute | * Against Unless Amend | May 10, 2017 |
| Pathways Charter School | ** Against | Jun 27, 2017 |
| San Benito County Office Of Education | ** Support | Jun 27, 2017 |
| Santa Cruz County Office Of Education | ** Support | Jun 27, 2017 |
| United Educators of San Francisco | * Support | May 10, 2017 |
| United Way Monterey County | ** Support | Jun 27, 2017 |
| Vallejo School Board | * Support | May 10, 2017 |
| Visions in Education Charter School | * Against | May 10, 2017 |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 318 (Caballero) - Pupil instruction: independent study: visual contact with pupil
Version: July 12, 2017 | Policy Vote: ED. 4 - 2 |
Urgency: No | Mandate: No |
Hearing Date: August 21, 2017 | Consultant: Lenin Del Castillo |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill increases the frequency of communication between students in independent study and teachers of the local educational agency (LEA) by requiring visual in-person contact with the students or by a live visual connection at least once per week.
Fiscal Impact:
- This bill could drive unknown local costs on existing independent study programs throughout the state. While some programs may already be adequately staffed to absorb the additional workload, it is likely that a portion of the existing 300 independent programs in the state will not have sufficient resources. To the extent that an LEA would need to hire additional staff to comply with this measure, it could incur a potentially significant increase in local costs that could result in resources being redirected from existing programs and services. The additional requirements include making visual contact with each student every two weeks and any associated administrative activities that may result, such as the documentation of meetings and record-keeping. For programs that serve students living in rural areas where it may be more difficult to make visual contact whether it is due to the student living in a remote area or the student does not have access to the Internet, the costs could be even higher. There could also be transportation costs to get the student on campus (or the teacher to the student’s home) to make the live connection. Any costs resulting from these requirements would not be reimbursable by the state because independent study is an educational option that is available to LEAs, not a program that is required.
- The California Department of Education anticipates General Fund costs of approximately $229,000 to comply with this measure. This estimate includes the cost of the equivalent of 2.3 positions to provide technical assistance to LEAs, update guidance, and verify the adoption of policies regarding independent study for apportionment purposes.
Background:
Existing law prohibits an LEA from being eligible to receive apportionments for independent study unless it has adopted and implemented written policies that include the following:
- 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 student must complete the assigned work.
- The number of missed assignments that will be allowed before an evaluation is conducted to determine whether it is in the best interest of the student to remain in independent study.
- A requirement that a current written agreement for each independent study student is maintain on file, including specified information.
- A statement of the number of course credits or for elementary grades, other measures of academic accomplishment, to be earned by the student upon completion.
Existing law requires the independent study by each student to be coordinated, evaluate, and under the general supervision of an employee of the LEA who possesses a valid and appropriate teaching credential or an emergency permit.
Proposed Law:
This bill prohibits an LEA 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 no less than once every two weeks to assess whether the student is making satisfactory educational progress.
This bill prohibits an LEA 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, to assess whether the student is making satisfactory educational progress.
Further, this bill authorizes an exception to be made on a case-by-case basis by the principal of the program, or a designee of the governing board of the LEA, for justifiable reasons and for a specified period of time. It also requires a parent or guardian to request in writing that designates the reason and the specified period of time for the exception. The principal of the program or designee of the LEA shall approve or deny the request pursuant to uniform standards established by the governing board of the LEA.
The bill provides that its provisions apply to charter schools.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: AB 318 Hearing Date: June 28, 2017
Author: | |||
Version: | June 19, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Lynn Lorber | ||
Subject: Pupil instruction: independent study
SUMMARY
This bill 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.
BACKGROUND
Existing law:
Traditional independent study option
- Prohibits a school district or county office of education from being eligible to receive apportionments for independent study unless it has adopted and implemented written policies, pursuant to rules and regulations adopted by the Superintendent of Public Instruction, that include but are not limited to all of the following:
- 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 student must complete the assigned work.
- The number of missed assignments that will be allowed before an evaluation is conducted to determine whether it is in the best interest of the student to remain in independent study.
- A requirement that a current written agreement for each independent study student is maintain on file, including specified information.
- A statement of the adopted policies for a-b (above).
- The duration of the independent study agreement. Existing law prohibits an agreement from being valid for longer than one school year.
- A statement of the number of course credits or for elementary grades, other measures of academic accomplishment, to be earned by the student upon completion.
- A statement in each agreement that independent study is an optional educational alternative.
- A requirement that each agreement is signed, before the beginning of independent study, by the student, the student’s parent, legal guardian or caregiver, the certificated employee who has the responsibility for general supervision of independent study, and all people who have direct responsibility for providing assistance to the student. (EC § 51747)
- 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 student must complete the assigned work.
- Requires the independent study by each student to be coordinated, evaluate, and under the general supervision of an employee of the local educational agency (LEA) who possesses a valid and appropriate teaching credential or an emergency permit. (EC § 51747.5)
- Authorizes school districts, charter schools and county offices of education to claim apportionment credit for independent study only to the extent of the time value of student work products, as personally judged in each instance by a certificated teacher. (EC § 51747.5)
Course-based independent study
- Authorizes a school district, charter school, or county office of education to provide independent study courses to students in grades K-12 pursuant to numerous conditions, including, among many other things:
- A signed learning agreement is completed and on file.
- Courses are taught under the general supervision of certificated employees who hold the appropriate subject matter credential.
- Courses are annually certified, by the governing board or body of the LEA, to be of the same rigor and educational quality as equivalent classroom-based courses, and must be aligned to all relevant local and state content standards.
- Certificated employees and each student must communicate in person, by telephone, or by another live visual or audio connection, at least twice per calendar month to assess whether each student is making satisfactory educational progress. (Education Code § 51749.5)
- A signed learning agreement is completed and on file.
- Requires a LEA, before enrolling a student in an independent study course, to provide the student and parent or guardian with a written learning agreement that includes all of the following:
- A summary of the policies and procedures described in # 1 that have been adopted by the governing board or body of the LEA.
- The duration of the enrolled course or courses, the duration of the learning agreement, and the number of course credits for each course. Existing law prohibits the duration of a learning agreement from exceeding a school year or spanning multiple school years.
- The learning objectives and expectations for each course, including a description of how satisfactory educational progress is measured and when a student evaluation is required to determine whether the student should remain in independent study.
- The specific resources, including materials and personnel, that will be made available to the student.
- A statement that the student is not required to enroll in independent study courses. (EC § 51749.6)
- A summary of the policies and procedures described in # 1 that have been adopted by the governing board or body of the LEA.
- Requires the learning agreement, before instruction may begin, to be signed by the student and, if the student is under the age of 18 years, the student’s parent or legal guardian, and all certificated employees providing instruction. (EC § 51749.6)
ANALYSIS
This bill prohibits a local educational agency (LEA) 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. Specifically, this bill:
- Prohibits a LEA 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, to assess whether the student is making satisfactory educational progress.
- Authorizes an exception to be made on a case-by-case basis by the principal of the program, or a designee of the governing board of the LEA, for justifiable reasons and for a specified period of time.
- Requires a parent or guardian to request in writing that designates the reason and the specified period of time for the exception.
- Requires the principal of the program or designee of the LEA to approve or deny the request pursuant to uniform standards established by the governing board of the LEA.
- Applies the provisions of this bill to charter schools.
STAFF COMMENTS
- Need for the bill. According to the author, “Today’s rigorous academic standards require frequent formative assessment in order to monitor and adjust the instructional needs of each pupil. While current law requires a minimum amount of communication between certificated staff and their independent study pupils, allowing for that communication to occur over the telephone or other kinds of audio-only connection means school staff can go weeks or even months with no visual interaction with a pupil. Without in-person or live visual interaction on a weekly basis, the teaching and learning progress in many cases is minimal and the learning opportunities constrained. Additionally, child neglect and abuse that may be occurring can go undetected when a child is not seen frequently, as was the case in Monterey County. Public education programs have an obligation to ensure the safety and well-being of their students, and that the student is making satisfactory academic progress.”
- Cases of child abuse. This bill is in response to cases of child abuse involving children enrolled in independent study programs in Monterey. In one case, the abuse resulted in the death of two children. The author notes that the child abuse went undetected, at least in part, because the children were enrolled in independent study and were not physically seen on a regular basis. According to news reports, one of the children in this case was enrolled in the Monterey Charter Home School; the article notes that the county does not conduct home visits as the charter instruction takes place at a classroom in the offices of the Monterey County Office of Education. http://www.mercurynews.com/2015/12/17/monterey-county-death-probe-where-are-kids-asked-neighbors/
- Frequency of contact. Existing law requires the written agreement for each student enrolled in traditional independent study to include the manner, time, frequency, and place for submitting a student’s assignments and for reporting his or her progress. Existing law requires, for course-based independent study, teachers to communicate with independent study students at least twice every calendar month and authorizes the contact to be over the telephone or other audio connection. This is a minimum requirement; local educational agencies (LEA) may establish policies that require more frequent communication if they desire.
Independent study may be offered in a variety of formats: as a program or class within a comprehensive school, through a charter school, home-based, or online. This bill applies to all formats of independent study, but no longer applies to course-based independent study.
This bill requires teachers to have visual contact on at least a weekly basis with students who are enrolled in independent study in the following scenarios:- A stand-alone course while also physically attending school.
- A home-based program in a remote geographic area.
- A home-based program where the student does not have access to the Internet.
- A stand-alone course while also physically attending school.
Will teachers be required to travel great distances once a week, will LEAs be required to acquire the technology necessary to communicate visually, or will
teachers be required to visually contact students who also physically attend school on a regular basis?
Should discretion remain with LEAs to determine the appropriate frequency and type of communication, particularly in challenging scenarios?
The author notes that the intent of this bill is to verify the safety of students, rather than to assess academic progress, and therefore frequent and visual contact is necessary.
- Identification of abuse or neglect. All school district teachers and employees are considered to be “mandated reporters,” including instructional aides, teacher assistants, classified employees, and employees of a school district police or security department, pursuant to the Child Abuse and Neglect Reporting Act. Mandated reporters are required to report to any law enforcement department knowledge or observations they may have of a child they know or reasonably suspect to have been the subject of child abuse or neglect. Existing law requires all school districts, county offices of education, state special schools and diagnostic centers operated by the California Department of Education (CDE), and charter schools to provide annual training to their employees and people working on behalf of the local educational agency (LEA) on the mandated reporting requirements.
- Liability issues? This bill requires teachers to have more frequent and visual-only contact with students enrolled in independent study for the purpose of ensuring the safety of students. Teachers are mandated reporters, who are required to contact child protective services if they suspect a child is being abused or neglected. Some have raised concerns that this bill could place teachers in jeopardy if cases of abuse or neglect are not identified by teachers who communicate with independent study students or if an exemption is provided and teachers do not see a student for over a week. Staff notes that existing law provides that mandated reporters have immunity from state criminal or civil liability for reporting as required, even if the mandated reporter acquired the knowledge, or suspicion of the abuse or neglect, outside his or her professional capacity or scope of employment.
- Elements of exemplary independent study. The CDE’s website includes an outline of fundamental elements and indicators of the characteristics of exemplary independent study practice. One of the fundamental elements and indicators is:
Students have regularly scheduled meetings with their teachers on a sufficiently frequent basis for the teachers to provide needed instruction, adequately judge student progress, and make appropriate modifications. At least weekly interaction on student progress, whether in person or by electronic means, is recommended. Teachers are available to students between regularly scheduled meetings as-needed to ensure student success, whether on a drop-in basis on site, by phone or e-mail, in labs for tutoring, etc.
http://www.cde.ca.gov/sp/eo/is/elementsexpemplary.asp
- Traditional independent study option vs course-based independent study. Existing law provides for two different independent study program options for LEAs to administer. Most LEAs offer the traditional independent study option. The course-based independent study option was established in 2015, with distinct apportionment requirements that differ from those of the traditional independent study program. Traditional independent study and course-based independent study average daily attendance (ADA) is tracked and reported separately to CDE. ADA is one of the factors used by CDE when calculating an LEA’s Local Control Funding Formula entitlement.
Course-based independent study relates to a way of calculating ADA; it has nothing to do with a specific independent study delivery model. This bill applies only to traditional independent study. Staff recommends an amendment to reinsert changes to the section of the Education Code related to course-based independent study (51749.5) to ensure the provisions of this bill are applied to all independent study programs. Existing law related to course-based independent study requires certificated employees and each student to communicate in person, by telephone or by any other live visual or audio connection, at least twice per calendar month to assess whether each student is making satisfactory educational progress. - Fiscal impact. Legislative Counsel has flagged this bill as non-fiscal.
SUPPORT
California Federation of Teachers
California State PTA
California Teachers Association
Chief Probation Officers of California
City of Salinas, Chief of Police
County Behavioral Health Directors Association of California
County Welfare Directors Association of California
Court Appointed Special Advocates of Monterey
District Attorney, Monterey County
Monterey County Board of Education
Monterey County District Attorney
Monterey County Home Charter School Charter Advisory Board
Monterey County Office of Education
Monterey County Sheriff’s Office
San Benito County Office of Education
Santa Cruz County Office of Education
United Way Monterey County
Individuals
OPPOSITION
A Plus – Association of Personalized Learning Schools & Services
California Charter School Association
California Consortium for Independent Study
Charter Schools Development Center
Choices Charter School
K-12, Inc.
Pathways Charter School
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 318
Author:(Caballero)
As Introduced Ver:February 6, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Education | 5-1 | O'Donnell, Chávez, Gloria, Thurmond, Weber | Kiley |
SUMMARY: Increases the frequency of communication between a pupil in independent study (IS) and certificated employees of a school district, charter school, or county office of education. Specifically, this bill:
- Requires certificated employees and each IS pupil to communicate in person or by a live visual connection no less than once per week to assess whether the pupil is making satisfactory educational progress.
- Provides that an exception to the requirement to communicate weekly may be made on a case-by-case basis by the principal of the program or by a designee of the governing board or body of a participating school district, charter school, or county office of education for justifiable reasons, including for missing a weekly instructional session.
- Requires the parent or guardian of a pupil seeking an exception to make a request in writing and requires the principal or designee to review the request pursuant to uniform standards established by the governing board or body of a participating school district, charter school, or county office of education.
- Provides that if a pupil does not communicate with a certificated employee for more than two weeks and the principal or designee determines that communication is necessary, the principal or designee may require the pupil to communicate by live visual connection.
EXISTING LAW: Requires certificated employees and IS pupils to communicate in person, by telephone, or by any other live visual or audio connection no less that twice per calendar month to assess whether the pupil is making satisfactory educational progress.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: Independent study, which was authorized in 1976, was originally designed to serve child actors, aspiring Olympic athletes, and other pupils whose schedules precluded regular classroom attendance. Over the years, it has evolved to serve a wider range of pupils. IS is provided as an alternative instructional strategy, not an alternative curriculum. IS pupils work independently, according to a written agreement and under the general supervision of a certificated teacher or teachers. While independent study pupils follow the district-adopted curriculum and meet the district graduation requirements, independent study offers flexibility to meet individual pupil needs, interests, and styles of learning. It is only available as a voluntary option chosen by pupils and parents. According to the California Department of Education, about 168,000 pupils in K-12 were receiving at least 50% of their instruction through IS in 2014-15.
Reason for the bill. Existing law requires IS pupils to communicate with a supervising teacher in person, by telephone, or by any other live visual or audio connection no less that twice per calendar month to assess whether the pupil is making satisfactory educational progress. This bill, with specified exceptions, requires the communication between the pupil and supervising teacher to take place at least once per week and further requires the communication to be either in person or via live visual communication. The primary reason for this change, according to information provided by the author's office, is to enhance child safety by requiring more frequent visual communication between the school and the pupil. The bill arises from an incident in which a six year old boy, who was enrolled in an independent study program, and his three year old sister were found dead in a storage unit in Redding, California. The boy's mother and her boyfriend have been charged with child abuse, torture, and murder, and their trial is scheduled to begin in February 2018.
The boy had been enrolled in an independent study program in the Monterey County Home Charter School, which is operated by the Monterey County Office of Education. The author believes that if more frequent visual communication had occurred between the boy and school personnel, then danger signs could have been noticed and appropriate steps taken to intervene.
Existing law permits more frequent pupil-teacher communication. Existing law governing independent study requires pupil-teacher communication to occur at least twice every calendar month. This is a minimum requirement, and districts can establish policies that require more frequent communication if they desire. Monterey County Office of Education has already adopted the requirement contained in this bill. According to the author's office, however, this should be the minimum requirement for all IS programs in the interest of pupil safety.
Educational impact. Although the author indicates that the primary purpose of this bill to address pupil safety and welfare, the bill could have a positive impact on educational outcomes. Existing law requires contact (visual or audio) at least twice per calendar month, but is silent on how those two contacts should be scheduled over that period. If two contacts occur in the first week of a calendar month and then again in the last week of the next calendar month, then more than seven weeks could transpire between contacts. More frequent communication could help teachers keep closer track of pupil progress and help prevent pupils from falling too far behind.
Arguments in support. The author argues that this bill is needed to protect the health and welfare of children enrolled in IS programs and courses. More frequent in-person or visual contact could help teachers identify situations in which a pupil's welfare may be at risk.
Arguments in opposition. Opponents argue that this bill "will place overly restrictive, overly burdensome, and unnecessary requirements on hundreds of thousands of independent study pupils who are in healthy parent or homeschool family environments or who live in remote rural areas with no access to the internet or who live miles from the nearly [sic] school facility."
Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087 FN: 0000359
Date of Hearing: May 10, 2017
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 318 (
Author:Caballero) – As Introduced Ver:February 6, 2017
SUBJECT: Pupil instruction: independent study
SUMMARY: Increases the frequency of communication between a pupil in independent study (IS) and certificated employees of a school district, charter school, or county office of education. Specifically, this bill:
- Requires certificated employees and each IS pupil to communicate in person or by a live visual connection no less than once per week to assess whether the pupil is making satisfactory educational progress.
- Provides that an exception to the requirement to communicate weekly may be made on a case-by-case basis by the principal of the program or by a designee of the governing board or body of a participating school district, charter school, or county office of education for justifiable reasons, including for missing a weekly instructional session.
- Requires the parent or guardian of a pupil seeking an exception to make a request in writing and requires the principal or designee to review the request pursuant to uniform standards established by the governing board or body of a participating school district, charter school, or county office of education.
- Provides that if a pupil does not communicate with a certificated employee for more than two weeks and the principal or designee determines that communication is necessary, the principal or designee may require the pupil to communicate by live visual connection.
EXISTING LAW: Requires certificated employees and IS pupils to communicate in person, by telephone, or by any other live visual or audio connection no less that twice per calendar month to assess whether the pupil is making satisfactory educational progress.
FISCAL EFFECT: This bill is keyed non-fiscal
COMMENTS: Independent study, which was authorized in 1976, was originally designed to serve child actors, aspiring Olympic athletes, and other pupils whose schedules precluded regular classroom attendance. Over the years, it has evolved to serve a wider range of pupils. IS is provided as an alternative instructional strategy, not an alternative curriculum. IS pupils work independently, according to a written agreement and under the general supervision of a certificated teacher or teachers. While independent study pupils follow the district-adopted curriculum and meet the district graduation requirements, independent study offers flexibility to meet individual pupil needs, interests, and styles of learning. It is only available as a voluntary option chosen by pupils and parents. According to the California Department of Education, about 168,000 pupils in K-12 were receiving at least 50% of their instruction through IS in 2014-15.
Reason for the bill. Existing law requires IS pupils to communicate with a supervising teacher in person, by telephone, or by any other live visual or audio connection no less that twice per calendar month to assess whether the pupil is making satisfactory educational progress. This bill, with specified exceptions, requires the communication between the pupil and supervising teacher to take place at least once per week and further requires the communication to be either in person or via live visual communication. The primary reason for this change, according to information provided by the author's office, is to enhance child safety by requiring more frequent visual communication between the school and the pupil. The bill arises from an incident in which a six year old boy, who was enrolled in an independent study program, and his 3 year old sister were found dead in a storage unit in Redding, California. The boy's mother and her boyfriend have been charged with child abuse, torture, and murder, and their trial is scheduled to begin in February 2018.
The boy had been enrolled in an independent study program in the Monterey County Home Charter School, which is operated by the Monterey County Office of Education. The author believes that if more frequent visual communication had occurred between the boy and school personnel, then danger signs could have been noticed and appropriate steps taken to intervene. However, the boy's nine year old sister attended a regular school in Monterey County and on at least two occasions school officials reported evidence of possible abuse and neglect to the Monterey County Child Protective Services (CPS). Although CPS made several contacts with the family, the children were allowed to stay. A subsequent state report found that the Monterey CPS violated five state regulations and ignored best practices intended to keep children safe.
Existing law permits more frequent pupil-teacher communication. Existing law governing independent study requires pupil-teacher communication to occur at least twice every calendar month. This is a minimum requirement, and districts can establish policies that require more frequent communication if they desire. Monterey County Office of Education has already adopted the requirement contained in this bill. According to the author's office, however, this should be the minimum requirement for all IS programs in the interest of pupil safety.
Educational impact. Although the author indicates that the primary purpose of this bill to address pupil safety and welfare, the bill could have a positive impact on educational outcomes. Existing law requires contact (visual or audio) at least twice per calendar month, but is silent on how those two contacts should be scheduled over that period. If two contacts occur in the first week of a calendar month and then again in the last week of the next calendar month, then more than seven weeks could transpire between contacts. More frequent communication could help teachers keep closer track of pupil progress and help prevent pupils from falling too far behind.
Arguments in support. The author argues that this bill is needed to protect the health and welfare of children enrolled in IS programs and courses. More frequent in-person or visual contact could help teachers identify situations in which a pupil's welfare may be at risk.
Arguments in opposition. Opponents argue that this bill "will place overly restrictive, overly burdensome, and unnecessary requirements on hundreds of thousands of independent study pupils who are in healthy parent or homeschool family environments or who live in remote rural areas with no access to the internet or who live miles from the nearly [sic] school facility."
REGISTERED SUPPORT / OPPOSITION:
Support
California Teachers Association
County Welfare Directors Association of California
Court Appointed Special Education Advocates for Children, Monterey County
Monterey County Board of Supervisors
Monterey County Office of Education
Monterey County Office of the District Attorney
San Benito County Office of Education
Santa Cruz County Office of Education
An individual
Opposition
Association of Personalized Learning Schools & Services
California Consortium for Independent Study
Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087
Discussed in Hearing
Senate Standing Committee on Education
Senate Standing Committee on Education
Assembly Floor
Assembly Standing Committee on Education
Bill Author
Bill Co-Author(s):