California Senate Bill SB1143 Introduced / Bill

 BILL NUMBER: SB 1143INTRODUCED BILL TEXT INTRODUCED BY Senator Liu FEBRUARY 20, 2014 An act to amend Sections 47612.5, 51745.6 and 51747.5 of, and to add Sections 51749.5, 51749.6, and 51749.7 to, the Education Code, relating to pupil instruction. LEGISLATIVE COUNSEL'S DIGEST SB 1143, as introduced, Liu. Pupil instruction: independent study. (1) Existing law authorizes the governing board of a school district or a county office of education to offer independent study to meet the educational needs of pupils in accordance with prescribed criteria. This bill would, notwithstanding any other law, and commencing with the 2015-16 school year, authorize a school district, county office of education, or charter school to offer independent study courses and schoolsite-based blended learning courses in accordance with prescribed conditions, including, among others, that the courses be taught under the general supervision of certificated employees who hold the appropriate subject matter credential, that courses are annually certified, by school district, charter school, or county office of education governing board or body resolution, to be of the same rigor and educational quality as equivalent classroom-based courses, and that certificated employees and each pupil shall communicate in-person, by telephone, or by any other live visual or audio connection at least once per week to assess whether each pupil is making satisfactory educational progress. The bill would also require that a signed learning agreement, as specified, be completed and on file. The bill would prohibit pupils from being required to enroll in the courses. (2) Existing law requires the ratio of average daily attendance for independent study pupils 18 years of age or less to full-time equivalent certificated employees responsible for independent study to not exceed a specified ratio. Existing law authorizes school districts and county offices of education to claim apportionment credit for independent study only to the extent of the time value of pupil work product, as personally judged in each instance by a certificated teacher. This bill would provide, for purposes of the Charter Schools Act of 1992, that classroom-based instruction shall include courses described above. The bill would specify the computation of average daily attendance for such courses, and would prohibit school districts, charter schools, and county offices of education from having to sign and date pupil work products when assessing its time value for apportionment purposes. The bill would also revise the pupil-to-teacher ratios by grade span, as specified. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 47612.5 of the Education Code is amended to read: 47612.5. (a) Notwithstanding any other  provision of  law and as a condition of apportionment, a charter school shall do all of the following: (1) For each fiscal year, offer, at a minimum, the following number of minutes of instruction: (A) To pupils in kindergarten, 36,000 minutes. (B) To pupils in grades 1 to 3, inclusive, 50,400 minutes. (C) To pupils in grades 4 to 8, inclusive, 54,000 minutes. (D) To pupils in grades 9 to 12, inclusive, 64,800 minutes. (2) Maintain written contemporaneous records that document all pupil attendance and make these records available for audit and inspection. (3) Certify that its pupils have participated in the state testing programs specified in Chapter 5 (commencing with Section 60600) of Part 33 in the same manner as other pupils attending public schools as a condition of apportionment of state funding. (b) Notwithstanding any other  provision of  law and except to the extent inconsistent with this section and Section 47634.2, a charter school that provides independent study shall comply with Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 and implementing regulations adopted thereunder. The  State Board of Education   state board  shall adopt regulations that apply this article to charter schools. To the extent that these regulations concern the qualifications of instructional personnel, the  State Board of Education   state board  shall be guided by subdivision (  l  ) of Section 47605. (c) A reduction in apportionment made pursuant to subdivision (a) shall be proportional to the magnitude of the exception that causes the reduction. For purposes of paragraph (1) of subdivision (a), for each charter school that fails to offer pupils the minimum number of minutes of instruction specified in that paragraph, the Superintendent shall withhold from the charter school's apportionment for average daily attendance of the affected pupils, by grade level, the sum of that apportionment multiplied by the percentage of the minimum number of minutes of instruction at each grade level that the charter school failed to offer. (d) (1) Notwithstanding any other  provision of  law and except as provided in paragraph (1) of subdivision (e), a charter school that has an approved charter may receive funding for nonclassroom-based instruction only if a determination for funding is made pursuant to Section 47634.2 by the  State Board of Education.   state board.  The determination for funding shall be subject to any conditions or limitations the  State Board of Education   state board  may prescribe. The  State Board of Education   state board  shall adopt regulations on or before February 1, 2002, that define and establish general rules governing nonclassroom-based instruction that apply to all charter schools and to the process for determining funding of nonclassroom-based instruction by charter schools offering nonclassroom-based instruction other than the nonclassroom-based instruction allowed by paragraph (1) of subdivision (e). Nonclassroom-based instruction includes, but is not limited to, independent study, home study, work study, and distance and computer-based education. In prescribing any conditions or limitations relating to the qualifications of instructional personnel, the  State Board of Education   state board  shall be guided by subdivision (l) of Section 47605. (2) Except as provided in paragraph (2) of subdivision (b) of Section 47634.2, a charter school that receives a determination pursuant to subdivision (b) of Section 47634.2 is not required to reapply annually for a funding determination of its nonclassroom-based instruction program if an update of the information the  State Board of Education   state board  reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the  state  board. A charter school that has achieved a rank of 6 or greater on the Academic Performance Index for the two years immediately  prior to   before  receiving a funding determination pursuant to subdivision (b) of Section 47634.2 shall receive a five-year determination and is not required to annually reapply for a funding determination of its nonclassroom-based instruction program if an update of the information the  State Board of Education   state board  reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the  state  board. Notwithstanding any  provision of  law, the State Board of Education   state board  may require a charter school to provide updated information at any time it determines that a review of that information is necessary. The  State Board of Education   state board  may terminate a determination for funding if updated or additional information requested by the  state  board is not made available to the  state  board by the charter school within a reasonable amount of time or if the information otherwise supports termination. A determination for funding pursuant to Section 47634.2 may not exceed five years. (3) A charter school that offers nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2 to receive funding each time its charter is renewed or materially revised pursuant to Section 47607. A charter school that materially revises its charter to offer nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2. (e) (1) Notwithstanding any other  provision of  law, and as a condition of apportionment, "classroom-based instruction" in a charter school, for  the  purposes of this part, occurs only when charter school pupils are engaged in educational activities required of those pupils and are under the immediate supervision and control of an employee of the charter school who possesses a valid teaching certification in accordance with subdivision (  l  ) of Section 47605. For purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 80 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision  (a) of Section 47612.5.   (a). For purposes of this part, "classroom-based instruction" includes independent study courses and schoolsite-based courses authorized pursuant to Sections 51749.5 and 51749.6, respectively.  (2) For  the  purposes of this part, "nonclassroom instruction" or "nonclassroom-based instruction" means instruction that does not meet the requirements specified in paragraph (1). The  State Board of Education   state board  may adopt regulations pursuant to paragraph (1) of subdivision (d) specifying other conditions or limitations on what constitutes nonclassroom-based instruction, as it deems appropriate and consistent with this part. (3) For purposes of this part, a schoolsite is a facility that is used principally for classroom instruction. (4) Notwithstanding any other  provision of  law, neither the  State Board of Education,   state board,  nor the Superintendent may waive the requirements of paragraph (1) of subdivision (a). SEC. 2. Section 51745.6 of the Education Code is amended to read: 51745.6. (a)  (1)    The ratio of average daily attendance for independent study  or schoolsite-based blended learning  pupils 18 years of age or less to school district full-time equivalent certificated employees responsible for independent  study,   study or schoolsite-based blended learning, by grade span,  calculated as specified by the  State Department of Education,   department,  shall not exceed the equivalent ratio of pupils to full-time certificated employees for all other educational programs operated by the school  district.   district for the applicable grade span, unless a new higher or lower grade span ratio for all other educational programs offered within the respective grade span is negotiated in a collective bargaining agreement or a memorandum of understanding is entered into that indicates an existing collective bargaining agreement contains an alternative grade span ratio for the applicable grade span.  The ratio of average daily attendance for independent study  or schoolsite-based blended learning  pupils 18 years of age or less to county office of education full-time equivalent certificated employees responsible for independent  study,   study or schoolsite-based blended learning,  to be calculated in a manner prescribed by the  State Department of Education,   department,  shall not exceed the equivalent ratio of pupils to full-time certificated employees for all other educational programs operated by the high school or unified school district with the largest average daily attendance of pupils in that  county.   county for the applicable grade span, unless a new higher or lower grade span ratio for all other educational programs offered within the respective grade span is negotiated in a collective bargaining agreement or a memorandum of understanding is entered into that indicates an existing collective bargaining agreement contains an alternative grade span ratio for the applicable grade span.  The computation of  those   the  ratios shall be performed annually by the reporting agency at the time of, and in connection with, the second principal apportionment report to the  Superintendent of Public Instruction.   Superintendent.   (2) For purposes of this section, the following grade spans shall apply:   (A) Kindergarten and grades 1 to 3, inclusive.   (B) Grades 4 to 6, inclusive.   (C) Grades 7 to 8, inclusive.   (D) Grades 9 to 12, inclusive.  (b) Only those units of average daily attendance for independent study  or schoolsite-based blended learning  that reflect a pupil-teacher ratio that does not exceed the  ratio   applicable grade span ratios  described in subdivision (a) shall be eligible for apportionment pursuant to Section  42238.5,   42238.05,  for school districts, and Section  2558,   2575,  for county offices of education. Nothing in this section shall prevent a school district or county office of education from serving additional units of average daily attendance greater than the  ratio   applicable grade span ratios  described in subdivision (a), except that those additional units shall not be funded pursuant to Section  42238.5   42238.05  or Section  2558.   2575.  (c) The calculations performed for purposes of this section shall not include either of the following: (1) The average daily attendance generated by special education pupils enrolled in special day classes on a full-time basis, or the teachers of those classes. (2) The average daily attendance or teachers in necessary small schools that are eligible to receive funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24.  (d) The pupil-teacher ratio described in subdivision (a) in a unified school district participating in the class size reduction program pursuant to Chapter 6.10 (commencing with Section 52120) may, at the school district's option, be calculated separately for kindergarten and grades 1 to 6, inclusive, and for grades 7 to 12, inclusive.   (e)   (d)  The  applicable  pupils-to-certificated-employee  ratio   grade span ratios  described in subdivision (a) may, in a charter school, be calculated by using a fixed pupils-to-certificated-employee ratio of 25 to one, or by being a ratio of less than 25 pupils per certificated employee. All charter school pupils, regardless of age, shall be included in  the applicable  pupil-to-certificated-employee  grade span  ratio calculations. SEC. 3. Section 51747.5 of the Education Code is amended to read: 51747.5. (a) The independent study by each pupil  or student  shall be coordinated, evaluated, and, notwithstanding subdivision (a) of Section 46300, shall be under the general supervision of an employee of the school  district   district, charter school,  or county office of education who possesses a valid certification document pursuant to Section 44865 or an emergency credential pursuant to Section 44300, registered as required by law. (b) School  districts   districts, charter schools,  and county offices of education may claim apportionment credit for independent study only to the extent of the time value of pupil  or student  work products, as personally judged in each instance by a certificated teacher.  (c) For purposes of this section, school districts, charter schools, and county offices of education shall not be required to sign and date pupil work products when assessing the time value of pupil work products for apportionment purposes.  SEC. 4. Section 51749.5 is added to the Education Code, to read: 51749.5. (a) Notwithstanding any other law, and commencing with the 2015-16 school year, a school district, charter school, or county office of education may, for pupils enrolled in grades 9 to 12, inclusive, provide independent study courses pursuant to the following conditions: (1) The governing board or body of a participating school district, charter school, or county office of education adopts policies, at a public hearing, that comply with the requirements of this section and any applicable regulations adopted by the state board. (2) A signed learning agreement is completed and on file pursuant to Section 51749.7. (3) Courses are taught under the general supervision of certificated employees who hold the appropriate subject matter credential pursuant to Section 44300 or 44865, or subdivision (l) of Section 47605, meet the requirements for highly qualified teachers pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), and are employed by the school district, charter school, or county office of education at which the pupil is enrolled, or by a school district, charter school, or county office of education that has a memorandum of understanding to provide the instruction in coordination with the school district, charter school, or county office of education at which the pupil is enrolled. (4) (A) Courses are annually certified, by school district, charter school, or county office of education governing board or body resolution, to be of the same rigor and educational quality as equivalent classroom-based courses, including all relevant local and state content standards. (B) This certification shall, at a minimum, include the duration, number of equivalent daily instructional minutes for each school day that a pupil is enrolled, number of equivalent total instructional minutes, and number of course credits for each course. This information shall be consistent with that of equivalent classroom-based courses. (5) Pupils enrolled in courses authorized by this section shall meet the applicable age requirements established pursuant to Sections 46300.1, 46300.4, 47612, and 47612.1. (6) Pupils enrolled in courses authorized by this section shall meet the applicable residency and enrollment requirements established pursuant to Sections 46300.2, 47612, 48204, and 51747.3. (7) (A) Certificated employees and each pupil shall communicate in-person, by telephone, or by any other live visual or audio connection at least once per week to assess whether each pupil is making satisfactory educational progress. (B) For purposes of this section, satisfactory educational progress includes, but is not limited to, applicable statewide accountability measures and assessments and the completion of assignments, examinations, or other indicators that evidence that the pupil is working on assignments, learning required concepts, and progressing toward successful completion of the course, as determined by certificated employees providing instruction. (C) If satisfactory educational progress is not being made, certificated employees providing instruction shall notify the pupil and, if the pupil is less than 18 years of age, the pupil's parent or legal guardian, and conduct an evaluation to determine whether it is in the best interest of the pupil to remain in the course or whether he or she should return to a regular school program. A written record of the findings of an evaluation made pursuant to this subdivision shall be treated as a mandatory interim pupil record. The record shall be maintained for a period of three years from the date of the evaluation and, if the pupil transfers to another California public school, the record shall be forwarded to that school. (D) Written or computer-based evidence of satisfactory educational progress, as defined in subparagraph (B), shall be retained for each course and pupil. At a minimum, this evidence shall include a grade book or summary document that, for each course, lists all assignments, examinations, and associated grades. (8) Examinations given to pupils shall include a proctor or other reliable method to ensure exam integrity. (9) A pupil shall not be required to enroll in courses authorized by this section. (10) The pupil-to-certificated employee ratio limitations established pursuant to Section 51745.6 are applicable to courses authorized by this section. (11) For each pupil, the combined equivalent daily instructional minutes for enrolled courses authorized by this section and enrolled courses authorized by all other laws and regulations shall meet the applicable minimum instructional day requirements. Pupils enrolled in courses authorized by this section shall be offered the minimum annual total equivalent instructional minutes pursuant to Sections 46200 to 46208, inclusive, and Section 47612.5. (b) For purposes of computing average daily attendance for each pupil enrolled in one or more courses authorized by this section, the following computations shall apply: (1) (A) For each school day, add the combined equivalent daily instructional minutes, as certified in paragraph (4) of subdivision (a), for courses authorized by this section in which the pupil is enrolled. (B) For each school day, add the combined daily instructional minutes of courses authorized by all other laws and regulations in which the pupil is enrolled and for which the pupil meets applicable attendance requirements. (C) For each school day, add the sum of subparagraphs (A) and (B). (2) If subparagraph (C) of paragraph (1) meets applicable minimum school day requirements for each school day, credit each school day that the pupil is demonstrating satisfactory educational progress pursuant to the requirements of this section, with up to one school day of attendance. (3) (A) Using credited school day attendance pursuant to paragraph (2), calculate average daily attendance pursuant to Section 41601 or 47612, whichever is applicable, for each pupil. (B) The average daily attendance computed pursuant to this subdivision shall not result in more than one unit of average daily attendance per pupil. (4) Notwithstanding any other law, average daily attendance computed for pupils enrolled in courses authorized by this section shall not be credited with average daily attendance other than what is specified in this section. SEC. 5. Section 51749.6 is added to the Education Code, to read: 51749.6. (a) Notwithstanding any other law, and commencing with the 2015-16 school year, a school district, charter school, or county office of education may, for pupils enrolled in kindergarten and grades 1 to 12, inclusive, provide schoolsite-based blended learning courses pursuant to the following conditions: (1) The governing board or body of a participating school district, charter school, or county office of education adopts policies, at a public hearing, that comply with the requirements of this section and any applicable regulations adopted by the state board. (2) A signed learning agreement is completed and on file pursuant to Section 51749.7. (3) (A) Courses are taught under the general supervision of certificated employees who hold the appropriate subject matter credential pursuant to Section 44300 or 44865, or subdivision (l) of Section 47605, meet the requirements for highly qualified teachers pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), and are employed by the school district, charter school, or county office of education at which the pupil is enrolled. (B) Pupils must be at a physical schoolsite each day school is in session and under the immediate supervision of a school district, charter school, or county office of education paraprofessional, as defined in Section 44392, in coordination with the certificated employee teaching the course or under the immediate supervision of the certificated employee teaching the course. (4) (A) Courses are annually certified, through school district, charter school, or county office of education governing board or body resolution, to be of the same rigor and educational quality as equivalent classroom-based courses including all relevant local and state content standards. (B) This certification shall, at a minimum, include the duration, number of equivalent daily instructional minutes for each school day that a pupil is enrolled, number of equivalent total instructional minutes, and number of course credits for each course. This information shall be consistent with that of equivalent classroom-based courses. (5) Pupils enrolled in courses authorized by this section shall meet the applicable age requirements established pursuant to Sections 46300.1, 46300.4, 47612, and 47612.1. (6) Pupils enrolled in courses authorized by this section shall meet the applicable residency and enrollment requirements established pursuant to Sections 46300.2, 47612, 48204, and 51747.3. (7) (A) Certificated employees and each pupil shall communicate in-person, by telephone, or by any other live visual or audio connection at least once per week to assess whether each pupil is making satisfactory educational progress. (B) For purposes of this section, satisfactory educational progress includes, but is not limited to, applicable statewide accountability measures and assessments and the completion of assignments, examinations, or other indicators that evidence that the pupil is working on assignments, learning required concepts, and progressing toward successful completion of the course, as determined by certificated employees providing instruction. (C) If satisfactory educational progress is not being made, certificated employees providing instruction shall notify the pupil and, if the pupil is less than 18 years of age, the pupil's parent or legal guardian, and conduct an evaluation to determine whether it is in the best interest of the pupil to remain in the course or whether he or she should return to a regular school program. A written record of the findings of any evaluation made pursuant to this subdivision shall be treated as a mandatory interim pupil record. The record shall be maintained for a period of three years from the date of the evaluation and, if the pupil transfers to another California public school, the record shall be forwarded to that school. (D) Written or computer-based evidence of satisfactory educational progress, as defined in subparagraph (B), shall be retained for each course and pupil. At a minimum, this evidence shall include a grade book or summary document that, for each course, lists all assignments, examinations, and associated grades. (8) Examinations given to pupils shall include a proctor or other reliable method to ensure exam integrity. (9) A pupil shall not be required to enroll in the courses authorized by this section. (10) The pupil-to-certificated employee ratio limitations established pursuant to Section 51745.6 are applicable to courses authorized by this section. (11) For each pupil, the combined equivalent daily instructional minutes for enrolled courses authorized by this section and enrolled courses authorized by all other laws and regulations shall meet applicable minimum instructional day requirements. Pupils enrolled in courses authorized by this section shall be offered the minimum annual total equivalent instructional minutes pursuant to Sections 46200 to 46208, inclusive, and Section 47612.5. (b) For purposes of computing average daily attendance for each pupil enrolled in one or more courses authorized by this section, the following computations shall apply: (1) (A) For each school day, add the combined equivalent daily instructional minutes, as certified in paragraph (4) of subdivision (a), for courses authorized by this section in which the pupil is enrolled, at a physical schoolsite, and under the immediate supervision specified in subparagraph (B) of paragraph (3) of subdivision (a). (B) For each school day, add the combined daily instructional minutes of courses authorized by any other law or regulation in which the pupil is enrolled and for which the pupil meets the applicable attendance requirements. (C) For each school day, add the sum of subparagraphs (A) and (B). (2) If subparagraph (C) of paragraph (1) meets applicable minimum school day requirements for each school day, credit each school day that the pupil is demonstrating satisfactory educational progress pursuant to the requirements of this section and attends school at a physical schoolsite under the immediate supervision, as specified in subparagraph (B) of paragraph (3) of subdivision (a), with up to one school day of attendance. (3) (A) Using credited school day attendance pursuant to paragraph (2), calculate the average daily attendance pursuant to Section 41601 or 47612, whichever is applicable, for each pupil. (B) The average daily attendance computed pursuant to this subdivision shall not result in more than one unit of average daily attendance per pupil. (4) Notwithstanding any other law, average daily attendance computed for pupils enrolled in courses authorized by this section shall not be credited with average daily attendance other than what is specified in this section. SEC. 6. Section 51749.7 is added to the Education Code, to read: 51749.7. (a) Before enrolling a pupil in a course authorized by Section 51749.5 or 51749.6, each school district, charter school, or county office of education shall provide the pupil and, if the pupil is less than 18 years of age, the pupil's parent or legal guardian, with a written learning agreement that includes all of the following: (1) A summary of the policies and procedures adopted by the governing board or body of the school district, charter school, or county office of education pursuant to Section 51749.5 or 51749.6, as applicable. (2) The duration of the enrolled course or courses, the duration of the learning agreement, and the number of course credits for each enrolled course consistent with the certifications adopted by the governing board or body of the school district, charter school, or county office of education pursuant to Section 51749.5 or 51749.6, as applicable. The duration of a learning agreement shall not exceed a school year or span multiple school years. (3) The learning objectives and expectations for each course, including, but not limited to, a description of how satisfactory educational progress is measured and when a pupil evaluation is required to determine whether the pupil should remain in the course or return to a regular school program. (4) The specific resources, including materials and personnel, that will be made available to the pupil. (5) A statement that the pupil is not required to enroll in courses authorized pursuant to Section 51749.5 or 51749.6. (b) (1) The learning agreement shall be signed by the pupil and, if the pupil is less than 18 years of age, the pupil's parent or legal guardian, and all certificated employees providing instruction before instruction may commence. (2) The signed learning agreement constitutes permission from a pupil's parent or legal guardian, if the student is less than 18 years of age, for the pupil to receive instruction through independent study or schoolsite-based blended learning, as applicable. (3) A physical or electronic copy of the signed learning agreement shall be retained by the school district, county office of education, or charter school for at least three years. (4) For purposes of this section, an electronic copy includes a computer or electronic stored image of an original document, including, but not limited to, portable document format, JPEG, or other digital image file type, that may be sent via fax machine, e-mail, or other electronic means.