Article 5.5. Independent Study of California Education Code >> Division 4. >> Title 2. >> Part 28. >> Chapter 5. >> Article 5.5.
(a) Commencing with the 1990-91 school year, the governing
board of a school district or a county office of education may offer
independent study to meet the educational needs of pupils in
accordance with the requirements of this article. Educational
opportunities offered through independent study may include, but
shall not be limited to, the following:
(1) Special assignments extending the content of regular courses
of instruction.
(2) Individualized study in a particular area of interest or in a
subject not currently available in the regular school curriculum.
(3) Individualized alternative education designed to teach the
knowledge and skills of the core curriculum. Independent study shall
not be provided as an alternative curriculum.
(4) Continuing and special study during travel.
(5) Volunteer community service activities and leadership
opportunities that support and strengthen pupil achievement.
(b) Not more than 10 percent of the pupils participating in an
opportunity school or program, or a continuation high school,
calculated as specified by the department, shall be eligible for
apportionment credit for independent study pursuant to this article.
A pupil who is pregnant or is a parent who is the primary caregiver
for one or more of his or her children shall not be counted within
the 10 percent cap.
(c) An individual with exceptional needs, as defined in Section
56026, shall not participate in independent study, unless his or her
individualized education program developed pursuant to Article 3
(commencing with Section 56340) of Chapter 4 of Part 30 specifically
provides for that participation.
(d) A temporarily disabled pupil shall not receive individual
instruction pursuant to Section 48206.3 through independent study.
(e) No course included among the courses required for high school
graduation under Section 51225.3 shall be offered exclusively through
independent study.
(a) (1) The ratio of average daily attendance for
independent study pupils 18 years of age or less to school district
full-time equivalent certificated employees responsible for
independent study, calculated as specified by the department, shall
not exceed the equivalent ratio of average daily attendance to
full-time equivalent certificated employees providing instruction in
other educational programs operated by the school district, unless a
new higher or lower average daily attendance ratio for all other
educational programs offered 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 average daily attendance ratio.
(2) The ratio of average daily attendance for independent study
pupils 18 years of age or less to county office of education
full-time equivalent certificated employees responsible for
independent study, to be calculated in a manner prescribed by the
department, shall not exceed the equivalent prior year ratio of
average daily attendance to full-time equivalent 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 or the collectively bargained
alternative ratio used by that high school or unified school district
in the prior year, unless a new higher or lower average daily
attendance ratio for all other educational programs offered 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 average daily attendance
ratio. The computation of the ratios shall be performed annually by
the reporting agency at the time of, and in connection with, the
second principal apportionment report to the Superintendent.
(b) Only those units of average daily attendance for independent
study that reflect a pupil-teacher ratio that does not exceed the
ratios described in subdivision (a) shall be eligible for
apportionment pursuant to Section 2575, for county offices of
education, and Section 42238.05, for school districts. Nothing in
this section shall prevent a school district or county office of
education from serving additional units of average daily attendance
greater than the ratios described in subdivision (a), except that
those additional units shall not be funded pursuant to Section 2575
or 42238.05, as applicable. If a school district, charter school, or
county office of education has a memorandum of understanding to
provide instruction in coordination with the school district, charter
school, or county office of education at which a pupil is enrolled,
the ratios that shall apply for purposes of this paragraph are the
ratios for the local educational agency providing the independent
study program to the pupil pursuant to Section 51749.5.
(c) The calculations performed for purposes of this section shall
not include either of the following:
(1) The average daily attendance generated by special education
pupils enrolled in special day classes on a full-time basis, or the
teachers of those classes.
(2) The average daily attendance or teachers in necessary small
schools that are eligible to receive funding pursuant to Article 4
(commencing with Section 42280) of Chapter 7 of Part 24 of Division
3.
(d) The applicable
average-daily-attendance-to-certificated-employee ratios described in
subdivision (a) may, in a charter school, be calculated by using a
fixed average-daily-attendance-to-certificated-employee ratio of 25
to 1, or by using a ratio of less than 25 pupils per certificated
employee. A new higher or lower ratio for all other educational
programs offered by a charter school may be negotiated in a
collective bargaining agreement, or a memorandum of understanding
indicating that an existing collective bargaining agreement contains
an alternative average daily attendance ratio may be entered into by
a charter school. All charter school pupils, regardless of age, shall
be included in the applicable
average-daily-attendance-to-certificate-employee ratio calculations.
It is the intent of the Legislature that school districts
and county offices of education offering independent study shall
provide appropriate existing services and resources to enable pupils
to complete their independent study successfully and shall ensure the
same access to all existing services and resources in the school in
which the pupil is enrolled pursuant to Section 51748 as is available
to all other pupils in the school. In addition, the services and
resources may include, but need not be limited to, any of the
following:
(a) A designated learning center or study area staffed by
appropriately trained personnel.
(b) The services of qualified personnel to assess the achievement,
abilities, interests, aptitudes, and needs of participating pupils
to determine each of the following:
(1) Whether full-time independent study is the most appropriate
alternative for the pupil being referred.
(2) If the answer to paragraph (1) is affirmative, the
determination of the most appropriate individualized plan and
resources to be made available to pupils enrolled in full-time
independent study.
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) The maximum length of time, by grade level and type of
program, that may elapse between the time an independent study
assignment is made and the date by which the pupil must complete the
assigned work.
(b) The number of missed assignments that will be allowed before
an evaluation is conducted to determine whether it is in the best
interests of the pupil to remain in independent study, or whether he
or she should return to the regular school program. A written record
of the findings of any evaluation made pursuant to this subdivision
shall be treated as a mandatory interim pupil record. The record
shall be maintained for a period of three years from the date of the
evaluation and, if the pupil transfers to another California public
school, the record shall be forwarded to that school.
(c) A requirement that a current written agreement for each
independent study pupil shall be maintained on file, including, but
not limited to, all of the following:
(1) The manner, time, frequency, and place for submitting a pupil'
s assignments and for reporting his or her progress.
(2) The objectives and methods of study for the pupil's work, and
the methods utilized to evaluate that work.
(3) The specific resources, including materials and personnel,
that will be made available to the pupil.
(4) A statement of the policies adopted pursuant to subdivisions
(a) and (b) regarding the maximum length of time allowed between the
assignment and the completion of a pupil's assigned work, and the
number of missed assignments allowed before an evaluation of whether
or not the pupil should be allowed to continue in independent study.
(5) The duration of the independent study agreement, including the
beginning and ending dates for the pupil's participation in
independent study under the agreement. No independent study agreement
shall be valid for any period longer than one 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 pupil's parent,
legal guardian, or caregiver, if the pupil is less than 18 years of
age, the certificated employee who has been designated as having
responsibility for the general supervision of independent study, and
all persons who have direct responsibility for providing assistance
to the pupil. For purposes of this paragraph "caregiver" means a
person who has met the requirements of Part 1.5 (commencing with
Section 6550) of the Family Code.
(B) A signed written agreement may be maintained on file
electronically.
(a) Notwithstanding any other law, a local educational
agency, including, but not limited to, a charter school, shall not
claim state funding for the independent study of a pupil, whether
characterized as home study or otherwise, if the local educational
agency has provided any funds or other thing of value to the pupil or
his or her parent or guardian that the local educational agency does
not provide to pupils who attend regular classes or to their parents
or guardians. A charter school shall not claim state funding for the
independent study of a pupil, whether characterized as home study or
otherwise, if the charter school has provided any funds or other
thing of value to the pupil or his or her parent or guardian that a
school district could not legally provide to a similarly situated
pupil of the school district or to his or her parent or guardian.
(b) (1) Notwithstanding paragraph (1) of subdivision (d) of
Section 47605 or any other law, and except as specified in paragraph
(2), community school and independent study average daily attendance
shall be claimed by school districts, county superintendents of
schools, and charter schools only for pupils who are residents of the
county in which the apportionment claim is reported, or who are
residents of a county immediately adjacent to the county in which the
apportionment claim is reported.
(2) In addition to claiming independent study average daily
attendance pursuant to paragraph (1), a virtual or online charter
school may also claim independent study average daily attendance for
a pupil who is enrolled in the school and moves to a residence
located outside of the geographic boundaries of the virtual or online
charter school. The virtual or online charter school may claim
independent study average daily attendance for the pupil under this
paragraph only for the duration of the course or courses in which the
pupil is enrolled or until the end of the school year, whichever
occurs first.
(c) The Superintendent shall not apportion funds for reported
average daily attendance, through full-time independent study, of
pupils who are enrolled in school pursuant to subdivision (b) of
Section 48204.
(d) In conformity with Provisions 25 and 28 of Item 6110-101-001
of Section 2.00 of the Budget Act of 1992, this section is applicable
to average daily attendance reported for apportionment purposes
beginning July 1, 1992. The provisions of this section are not
subject to waiver by the state board, by the Superintendent, or under
any provision of Part 26.8 (commencing with Section 47600).
(e) For purposes of this section, "virtual or online charter
school" means a charter school in which at least 80 percent of
teaching and pupil interaction occurs via the Internet.
(f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
(a) Notwithstanding any other law, a local educational
agency, including, but not limited to, a charter school, may not
claim state funding for the independent study of a pupil, whether
characterized as home study or otherwise, if the local educational
agency has provided any funds or other thing of value to the pupil or
his or her parent or guardian that the local educational agency does
not provide to pupils who attend regular classes or to their parents
or guardians. A charter school may not claim state funding for the
independent study of a pupil, whether characterized as home study or
otherwise, if the charter school has provided any funds or other
thing of value to the pupil or his or her parent or guardian that a
school district could not legally provide to a similarly situated
pupil of the school district, or to his or her parent or guardian.
(b) Notwithstanding paragraph (1) of subdivision (d) of Section
47605 or any other law, community school and independent study
average daily attendance shall be claimed by school districts, county
superintendents of schools, and charter schools only for pupils who
are residents of the county in which the apportionment claim is
reported, or who are residents of a county immediately adjacent to
the county in which the apportionment claim is reported.
(c) The Superintendent shall not apportion funds for reported
average daily attendance, through full-time independent study, of
pupils who are enrolled in school pursuant to subdivision (b) of
Section 48204.
(d) In conformity with Provisions 25 and 28 of Item 6110-101-001
of Section 2.00 of the Budget Act of 1992, this section is applicable
to average daily attendance reported for apportionment purposes
beginning July 1, 1992. The provisions of this section are not
subject to waiver by the state board, by the Superintendent, or under
any provision of Part 26.8 (commencing with Section 47600).
(e) This section shall become operative on January 1, 2018.
(a) The independent study by each pupil shall be
coordinated, evaluated, and, notwithstanding subdivision (a) of
Section 46300, shall be under the general supervision of an employee
of the school district, charter school, or county office of education
who possesses a valid certification document pursuant to Section
44865 or an emergency credential pursuant to Section 44300,
registered as required by law.
(b) School districts, charter schools, and county offices of
education may claim apportionment credit for independent study only
to the extent of the time value of pupil work products, as personally
judged in each instance by a certificated teacher.
(c) For purposes of this section, school districts, charter
schools, and county offices of education shall not be required to
sign and date pupil work products when assessing the time value of
pupil work products for apportionment purposes.
School districts and county offices of education shall not
be eligible to receive apportionment for independent study attendance
by any pupil who is not otherwise identified in the written records
of the district or county board by grade level, program placement,
and the school in which he or she is enrolled.
The Superintendent of Public Instruction, upon the next
revision of the California Basic Educational Data System, or its
equivalent, following the effective date of this article, shall
include all data collection elements necessary to compile an annual
statewide profile of pupils participating in independent study,
including data on the number and percentage of pupils pursuing their
coursework through independent study who successfully complete the
requirements for a high school diploma.
The Superintendent of Public Instruction shall establish
rules and regulations for the purposes of implementing this article.
(a) Notwithstanding any other law, and commencing with the
2015-16 school year, a school district, charter school, or county
office of education may, for pupils enrolled in kindergarten and
grades 1 to 12, inclusive, provide independent study courses pursuant
to the following conditions:
(1) The governing board or body of a participating school
district, charter school, or county office of education adopts
policies, at a public 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) 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 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 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 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 school's or charter school's
testing results are aggregated.
(B) Statewide testing results for pupils enrolled in a course or
courses pursuant to this section 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) Before enrolling a pupil in a course authorized by
Section 51749.5, each school district, charter school, or county
office of education shall provide the pupil and, if the pupil is less
than 18 years of age, the pupil's parent or legal guardian, with a
written learning agreement that includes all of the following:
(1) A summary of the policies and procedures adopted by the
governing board or body of the school district, charter school, or
county office of education pursuant to Section 51749.5, as
applicable.
(2) The duration of the enrolled course or courses, the duration
of the learning agreement, and the number of course credits for each
enrolled course consistent with the certifications adopted by the
governing board or body of the school district, charter school, or
county office of education pursuant to Section 51749.5. 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 be referred to an alternative program, which may include, but is
not limited to, a regular school program.
(4) The specific resources, including materials and personnel,
that will be made available to the pupil.
(5) A statement that the pupil is not required to enroll in
courses authorized pursuant to Section 51749.5.
(b) (1) The learning agreement shall be signed by the pupil and,
if the pupil is less than 18 years of age, the pupil's parent or
legal guardian, and all certificated employees providing instruction
before instruction may commence.
(2) The signed learning agreement constitutes permission from a
pupil's parent or legal guardian, if the pupil is less than 18 years
of age, for the pupil to receive instruction through independent
study.
(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 and as
appropriate for auditing purposes.
(4) For purposes of this section, an electronic copy includes a
computer or electronic stored image of an original document,
including, but not limited to, portable document format, JPEG, or
other digital image file type, that may be sent via fax machine,
email, or other electronic means.