Recent Changes to Independent Study Programs (K-12)

Senate Bill (“SB”) 858 and SB 876 amended the laws regarding independent study programs. Several of the amendments went into effect on July 1, 2014, and others will become effective in the 2015-2016 fiscal year. For your convenience, a portion of the amended statutes are attached to this legal update.

LEGAL UPDATE

May 4, 2015

To:  Superintendents, Member School Districts (K-12)

From:  Jennifer E. Nix, Schools Legal Counsel

Subject:  Recent Changes to Independent Study Programs

Memo No. 10-2015

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Senate Bill (“SB”) 858 and SB 876 amended the laws regarding independent study programs.  Several of the amendments went into effect on July 1, 2014, and others will become effective in the 2015-2016 fiscal year.  For your convenience, a portion of the amended statutes are attached to this legal update.

Three changes took effect on July 1, 2014:

1.  Independent study program agreements may be up to one school year, rather than the previous limit of only one semester[1];

2.  The current written agreement on file for each independent study student may be maintained electronically[2]; and

3.  The Local Educational Agency (“LEA”) is no longer required to sign and date student work products when assessing the time value of student work products for apportionment purposes.[3]

This Legal Update addresses key changes that take effect on July 1, 2015, regarding the following topics:

1.   Changes to student-teacher ratios[4];

2.   Conditions for providing an independent study course[5]; and

3.   Computation of average daily attendance[6].

Changes to Student-Teacher Ratios (Education Code section 51745.6)

Effective the 2015-2016 fiscal year, LEAs are required to use a grade-span calculation to determine independent study student-teacher ratios.  Previously, an LEA-wide calculation was used.[7]  The applicable grade spans are: K-3; 4-6; 7-8; and 9-12.  The statute directs the California Department of Education (“CDE”) to specify how the ratios are calculated.  The most current information from CDE can be found here: http://www.cde.ca.gov/sp/eo/is/calculations.asp.  The new law permits LEAs to use a collectively-bargained comparative ratio using a higher or lower grade-span ratio for independent study programs.  Only those units of average daily attendance for independent study that do not exceed the applicable grade-span ratios will be eligible for state apportionments, unless a higher ratio has been negotiated in a collective bargaining agreement.  Finally, if an LEA of residence has a memorandum of understanding to provide instruction and coordination with the LEA of attendance at which a pupil is enrolled, then the applicable grade-span ratios are the ratios for the LEA of attendance providing the independent study program to the student.

Conditions for Providing an Independent Study Course (Education Code section 51749.5(a))

Changes for the 2015-2016 fiscal year also include fifteen conditions that the LEA must satisfy to provide an independent study course.  The most important conditions are:

1.     The LEA must adopt policies incorporating the amended statutes at a public meeting.

2.     The LEA must have a signed learning agreement completed and on file for each student, as detailed in Education Code section 51749.6.

3.     A student cannot be required to enroll in an independent study course.

4.     Students and teachers must communicate at least twice per month in-person, by telephone, or by any other live visual or audio connection to assess the student’s educational progress.

Please refer to Education Code section 51749.5(a) for a full list of the conditions for independent study programs.

Instructions on Computing Average Daily Attendance (Education Code section 51749.5(b))

The law now contains detailed instructions for computing average daily attendance of each student enrolled in an independent study course.  Please refer to Education Code section 51749.5(b) for those instructions.

The law also was amended to permit a virtual or online charter school to claim independent study average daily attendance if a student who is enrolled in the school moves to a residence outside of the geographical boundaries of the virtual or online charter school.  However, the virtual or online school may only claim average daily attendance for such a student for the duration of the courses in which the student is enrolled or until the end of the school year, whichever occurs first.  This provision is only operative until January 1, 2018.

Please contact our office with questions regarding this Legal Update or any other legal matter.

 

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

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