Legislature Proposes Changes to the Independent Study Program

On September 5, 2021, the Legislature released a series of budget trailer bills as part of their end-of-session clean-up process. Yesterday, the Assembly Budget Committee and Senate Budget and Fiscal Review Committee deliberated on the revised budgetary changes and voted on their respective bill packages. This report highlights the key changes impacting public education as part of Assembly Bill (AB) 167 and Senate Bill (SB) 167.

Materials

AB 167/SB 167 Education Trailer Bill
AB 168/SB 168 Child Care Trailer Bill
AB 169/SB 169 Higher Education Trailer Bill
SB 179 Charter Authorizing Support Team Bill
Assembly Budget Committee Bill Analysis Package (September 7, 2021)
Senate Budget and Fiscal Review Committee Bill Analysis Package (September 7, 2021)

California Prekindergarten Planning and Implementation Grant Program

The state allocated $300 million to establish a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs, of which $200 million is allocated by the California State Superintendent of Public Instruction directly to local education agencies (LEAs). AB/SB 167 adjusts the minimum base grant to all LEAs that operate kindergarten programs as determined using the California Longitudinal Pupil Achievement Data (CALPADS) Fall 1 kindergarten enrollment from the 2020-21 certification, as follows:

The remaining funds are distributed 60% based on an LEA’s proportionate share of total CALPADS Fall 1 kindergarten enrollment for the 2019-20 fiscal year and 40% as supplemental grants based on an LEA’s CALPADS Fall 1 kindergarten enrollment, minus the transitional kindergarten (TK) enrollment for the 2019-20 fiscal year, multiplied by the LEA’s unduplicated pupil percentage.

(AB/SB 167, Section 1, Amends Education Code section 8281.5)

 

Independent Study Changes

Clarifies that independent study can be offered to a student whose health would be put at risk by in-person instruction, as determined by the parent or guardian, or a pupil who is unable to attend in-person instruction due to a quarantine due to exposure to, or infection with, COVID-19, pursuant to local or state public health guidance.

Clarifies the definition of “synchronous instruction” that it shall be provided by the teacher of record for the student “or the certificated employee of the LEA providing instruction for course-based independent study.”

Clarifies that the procedures for tiered reengagement strategies for all students who are absent for more than three school days or 60% of the instructional days in a school week, or “10% of required minimum instructional time over four continuous weeks of a LEA’s approved instructional calendar, pupils found not participating for more than the greater of 3 schooldays or 60% of the scheduled days of synchronous instruction in a school month as applicable by grade span, or pupils” violating their written agreement.

For the 2021-22 school year, an LEA shall be eligible to receive funding for independent study for students subject to quarantine due to COVID-19, when the student is unable to participate in classroom-based instruction due to the quarantine and for school closures due to COVID-19. An LEA shall receive funding for these students for all school days that they participate in and meet all other independent study requirements while in quarantine or during a school closure.

There is one notable difference between AB 167 and SB 167, which is that AB 167 contains language that recognizes classroom-based charter schools that provide an independent study program (ISP) for students subject to quarantine and cannot participate in-person instruction under Section 30 of the bill, Education Code section 51747 (j)(2)(3).

Clarifies that for the 2021-22 school year, an LEA shall obtain a signed written agreement for ISPs of any length of time from a student, or the student’s parent or guardian, no later than 30 days after the first day of instruction or October 15, whichever date comes later.

Clarifies that an LEA has broad discretion over instructional methods used in independent study, and is required to document each student’s participation in live interaction or synchronous instruction on each school day, as applicable, for which live interaction or synchronous instruction is provided as part of the ISP.

For the 2021-22 school year, an LEA shall notify parents and guardians of all enrolled students of their option to enroll in in-person instruction or independent study, including written information on the LEA’s website about:

  • The right to request a student-parent-educator conference meeting before enrollment
  • The student’s rights regarding procedures for enrolling, disenrolling and reenrolling in independent study
  • The synchronous and asynchronous instruction time that a student will have access to as part of independent study

Upon the request of a parent or guardian, and before signing a written agreement, the LEA shall conduct a telephone, videoconference or in-person student-parent-educator conference or other school meeting to ask questions about the educational options available before making a decision.

An LEA will receive funding for students for all school days that they participate in and meet all other apportionment requirements of independent study while in quarantine or during a school closure.

Incorporates the various changes in independent study as part of the 2021-22 fiscal year Guide for Annual Audits of K-12 LEA and State Compliance Reporting, and any findings of non-compliance shall result in loss of funding equal to the average daily attendance impacted by the non-compliance.

(AB/SB 167, Sections 28-33, Education Code sections 51745, 51745.5, 51747, 51747.5, 51749.5, 51749.6)

 

J-13A and Quarantine Process

Amends the length of a school year from 175 days to 180 days for a school district and county office of education (COE), and 175 days for a charter school, for purposes of pursuing apportionment from the State School Fund due to closures from a natural disaster, epidemic and/or emergency.

A school district, COE, or charter school shall not receive the same apportionment from the State School Fund if the school closure was due to impacts from COVID-19, except for the inability to secure or hold a teacher or because of the illness of the teacher and for a school site or class that only serves students with special needs and students enrolled in a community day school, from September 1, 2021, to June 30, 2022.

A school district, COE, or charter school may still receive credit for instructional days and minutes that were scheduled for in-person instruction, as demonstrated by the school board-approved calendar in place before the event, on days in which the LEA was prevented from maintaining school due to the approved conditions, provided that instruction was offered to all eligible students through independent study.

The superintendent of an LEA or the administrator of a charter school shall certify to the State Superintendent of Public Instruction to offering all eligible students instruction through independent study.

From September 1, 2021, to June 30, 2022, an LEA may receive the same apportionment from the State School Fund for school closures related to COVID-19 impacts on staffing shortages if the following conditions are established to the satisfaction of the State Superintendent by affidavits of its members of the governing board and the county superintendent of schools:

  • An LEA is unable to provide in-person instruction to students due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19.
  • For certificated staff shortages, the LEA has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with the COE, and the State Superintendent determines that staffing needs cannot be met through any option.
  • For classified staff shortages, the LEA has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with the COE, and the State Superintendent determines that staffing needs cannot be met through any option.

Recognizes school closure or material decrease in attendance as part of affidavits submitted to the State Superintendent due to an emergency event that occurs after September 1, 2021, and certifies that it has a plan for offering independent study to students.

Clarifies that independent study is offered to any student impacted by the conditions listed as part of the J-13A process within 10 days of the first day of a school closure or material decrease in attendance. For students with exceptional needs, they shall receive the services identified in their individualized education programs and may participate in an ISP.

Requires reopening for in-person instruction as soon as possible unless prohibited under the direction of the local or state health officer.

An LEA that is impacted by school closures or a material decrease in attendance for 15 days or less for affected students, or that has a waiver of the requirement to offer independent study, is not required to include as part of its plan the following independent study requirements: tiered re-engagement strategies, daily synchronous instruction for students in TK through grades 1-3, and transition plans for students whose families wish to return to in-person instruction.

However, in order to receive funding for a student past the 15 days, an LEA must include synchronous instruction, daily live interaction or tiered re-engagement. The 15 days are cumulative over the school year.

(AB/SB 167, Section 8, Education Code section 41422; Section 19, Education Code section 46392; Section 20, Education Code section 46393)

 

In-Person Instruction and Expanded Learning Opportunities Grants

Adjusts the appropriations for this program to $4,541,113,000 General Fund and $2,016,330,000 Federal Trust Fund. An LEA is required to use the General Fund allocation to fulfill the requirement of at least 10% of its apportionment to hire paraprofessionals to provide supplemental instruction and support through the duration of this program, with a priority for full-time paraprofessionals.

(AB/SB 167, Sections 12-13, Education Code sections 43521-43522)

 

Model Curriculum Development

Authorizes the California Department of Education (CDE) to collaborate with and, subject to approval of the executive director of the State Board of Education no later than March 1, 2022, enter into a contract with, a COE, or a consortium of COEs, for the purposes of developing a model curriculum related to the Vietnamese American refugee experience, the Cambodian Genocide, the Hmong history and cultural studies, and Native American studies by September 1, 2024.

(AB/SB 167, Sections 4-6, Education Code sections 33540.2, 33540.4, 33540.6; Section 27, Education Code section 51226.9)

 

Audit Requirements

Modifies the audit report for the 2020-21 fiscal year to be filed no later than January 31, 2022. The extension for the audit report referenced in establishment of charter schools (subdivision (m) of Sections 47605 and 47605.6) for the 2020-21 fiscal year shall instead be filed no later than January 31, 2022.

(AB/SB 167, Section 7, Education Code section 41020)

 

Credentialing Changes

Specifies that the Commission on Teacher Credentialing shall issue the single subject teaching credentials in mathematics and science by establishing and maintaining standards in the following specific subject areas:

  • Mathematics shall consist of concentrations in advanced mathematics and foundational mathematics. A holder of a single subject credential in mathematics shall be qualified and authorized to teach courses in numbers and quantity, algebra, geometry, probability, and statistics in kindergarten and grades 1 to 12, inclusive.
  • Science shall consist of concentrations in biological sciences, chemistry, geosciences and physicals. A holder of a single subject credential in science shall be qualified and authorized to teach courses in general science, introductory science, integrated science and coordinated science in kindergarten and grades 1 to 12, inclusive.

(AB/SB 167, Section 16, Education Code section 44257.2)

 

Extends Substitute Time Limit

Extends until July 1, 2022, the time limit for a substitute teacher to provide instruction for up to 60 cumulative days for any one assignment.

(AB/SB 167, Section 46, uncodified language)

 

Classified School Employee Summer Assistance Program

Clarifies that CDE may use funds appropriated in any fiscal year for the purposes of this program to provide up to $1 for each $1 that has been withheld from participating classified employee monthly paychecks.

(AB/SB 167, Section 17, Education Code section 45500)

 

Expanded Learning Opportunity Program

Clarifies that funding received in the 2021-22 school year shall be expended to develop an expanded learning opportunity program or provide services in accordance with program requirements.

(AB/SB 167, Section 18, Education Code section 46120)

AB 104 Grade Change Deadline Extension

Extends the statutory deadlines for COVID-19-related student grade change requests submitted to an LEA to October 1, 2021.

(AB/SB 167, Section 22, Education Code section 49066.5)

Next Steps?

The Legislature is expected to act on the budget trailer bills before adjourning the 2021 legislative session on Friday, September 10, 2021. We will provide additional updates on the final budget package that is submitted to Governor Newsom.

 

In Other News

The California Partnership for Children and Youth released a brief that summarizes the various federal aid programs and funding to support school health and wellness strategies and is also offering a complimentary companion webinar on September 20, 2021.