The 2020-21 State Budget Act, through the education trailer bill SB 98 (Chapter 24, Statutes of 2020), established new guidelines for distance learning and reporting requirements for the 2020-21 school year. A local education agency (LEA) has the flexibility to determine the type of distance learning model it can offer, taking into account students’ needs and staffing capacity.

Although independent studies requirements were not modified, in a distance learning environment, the state requires LEAs that operate independent studies programs to follow the distance learning requirements. On August 17, 2020, the California Department of Education (CDE) released FAQ Item #16 to address if students can avail themselves of an independent study program rather than a distance learning model. According to CDE, students can participate in independent study programs during the 2020–21 school year, and an LEA that offers independent studies will need to ensure that it meets the statutory distance learning requirements, as follows:

  • Adopt a learning continuity plan and attendance plan that includes plans for the distance learning program.
  • Track and report daily participation.
  • Maintain a weekly engagement record for each student that documents synchronous or asynchronous instruction for each whole or partial day of distance learning, verifies daily participation, and tracks assignments.
  • Schedule students for a minimum days’ worth of assignments each day as certified to by a certificated employee.
  • Develop written procedures for tiered reengagement strategies for all pupils who are absent for more than three school days or 60% of the instructional days in a school week.
  • Provide either daily live interaction or develop an alternative plan for frequent live interaction.
  • Confirm or provide access for all pupils to connectivity and devices adequate to participate in the educational program and complete assigned work.

On August 20, 2020, CDE released FAQ Item #17 on funding and instructional time for independent studies distance learning requirements. According to CDE, when offering independent study programs, an LEA, except for non-classroom-based charter schools, will need to ensure that all distance learning requirements are met, including those that have a fiscal consequence, as follows:

Required Daily Minutes. Offer the required number of instructional days per Education Code Section 43504(c).

Participation Documentation. Provide a record of daily participation for each student for each school day on which distance learning is provided as required by Education Code Section 43504(d).

Engagement Documentation. Complete a weekly engagement record for each student documenting synchronous or asynchronous instruction for each whole or partial day of distance learning that verifies participation and tracks assignments as required by Education Code Section 43504(e). To the extent synchronous or asynchronous instruction is assigned to a student in distance learning, that instruction should be included in the assignments listed.

Absences Documentation. Document absences as required by Education Code Section 43504(d)(1) and (f) for the purposes of chronic absenteeism tracking. Develop written procedures for tiered reengagement strategies for students who are absent from distance learning for more than three school days or 60% of the instructional days in a school week as required by Education Code Section 43504(f)(2).

For questions, please contact CDE at COVID19@cde.ca.gov.