BILL NUMBER: AB 2178 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Levine
FEBRUARY 20, 2014
An act to amend Section 33052.5 of, and to add and repeal
Chapter 8.7 (commencing with Section 52280) of Part 28 of Division 4
of Title 2 of, the Education Code, relating to pupil
instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 2178, as amended, Levine. Pupil instruction: blending
learning programs. Blended Learning Pilot Program.
Existing
(1) Existing law establishes an
adopted course of study for pupils in grades 1 to 6, inclusive, and
in grades 7 to 12, inclusive.
This bill would express the intent of the Legislature to
enact legislation that would encourage greater innovation and
expansion of blended learning models by removing barriers to
innovation and accommodating new structures of operations that
recognize the unique circumstances and challenges of effective
blended learning programs. The bill also would make various findings
and declarations establish, commencing with the
2015-16 school year and continuing through the 2017-18 school year,
the Blended Learning Pilot Program to be administered by the State
Board of Education for the purpose of exploring various models of
innovation and documenting best and promising practices in the
emerging educational delivery model known as blended learning, as
specified .
(2) Existing law authorizes the governing board of a school
district or a county office of education, on a districtwide or
countywide basis or on behalf of one or more of its schools or
programs, after a public hearing on the matter, to request the state
board to waive all or part of any section of the Education Code or
any regulation of the state board that implements a provision of the
Education Code that may be waived, except as specified.
This bill additionally would authorize a charter school to request
the state board to waive all or part of any section of the Education
Code or any regulation of the state board that implements a
provision of the Education Code that may be waived, except as
specified.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The
Legislature finds and declares all of the following:
(1)
(a) Significant educational innovations are occurring
throughout the state in the emerging area of blended learning.
(2)
(b) School districts, county offices of education, and
charter schools are offering a blended approach that integrates more
effective in-person instructional strategies with access to
technology-enabled learning opportunities inside and outside of
traditional classrooms.
(3)
(c) Early results are showing that a blended learning
environment can improve pupil achievement, particularly for those
pupils with the greatest needs.
(4)
(d) These programs, however, are not well-supported by
the existing statutory and regulatory structure that was designed for
programs to operate either as fully traditional seat-time or fully
independent study.
(5)
(e) Constraints placed on blended learning programs
limit their ability to further innovate and better serve the
highest-need pupils.
(6)
(f) Changes are needed to ensure both school districts
and charter schools may expand innovation of blended learning models.
(b) It is the intent of the Legislature to enact legislation that
would encourage greater innovation and expansion of blended learning
models by removing barriers to innovation and accommodating new
structures of operations that recognize the unique circumstances and
challenges of effective blended learning programs.
SEC. 2. Section 33052.5 of the
Education Code is amended to read:
33052.5. For purposes of this article, "school district" shall
include county offices of education and charter schools .
SEC. 3. Chapter 8.7 (commencing with Section
52280) is added to Part 28 of Division 4 of Title 2 of the
Education Code , to read:
CHAPTER 8.7. BLENDED LEARNING PILOT PROGRAM
52280. For purposes of this chapter, the following terms have the
following meanings:
(a) "Blended learning" means a formal education program in which a
pupil learns at least in part through online delivery of content and
instruction with some element of pupil control over time, place, and
pace and at least in part at a supervised location away from home.
(b) "Pilot program" means the Blended Learning Pilot Program
established pursuant to this chapter.
52281. (a) The Blended Learning Pilot Program is hereby
established and shall be administered by the state board to explore
various models of innovation and document best and promising
practices in the emerging educational delivery model known as blended
learning.
(b) Commencing with the 2015-16 school year, the pilot program
shall operate for three school years. The state board shall establish
an application process and timeline to ensure pilot program
participants are selected and applicable waivers are approved before
the commencement of the 2015-16 school year.
(c) The state board may solicit and receive grants from private
not-for-profit foundations and organizations for purposes of funding
the administration of the pilot program.
52282. (a) A school district, county office of education, charter
school, or charter school management organization may apply to the
state board to participate in the pilot program. A single applicant
may include more than one school if each school in a single
application shares a common educational model and administrative
structure.
(b) Each application shall be submitted to the state board in
writing and, at a minimum, shall include all of the following:
(1) A written proposal describing the blended learning program
offered by the applicant and the specific pupil population served by
the applicant.
(2) Evidence of the applicant's track record of success in
operating a blended learning program.
(3) Evidence of the applicant's track record of success in serving
the target pupil population, and particularly in closing the
achievement gap for high-need pupils, including English learners,
pupils living in poverty, foster youth, and other pupil subgroups
identified as underperforming.
(4) The applicant's plan for documenting and reporting to the
state board on its promising practices and pupil outcomes during the
term of the pilot program, including specific educational goals and
outcomes that align with the applicant's local control and
accountability plan, adopted pursuant to Article 4.5 (commencing with
Section 52060) of Chapter 6.1.
(5) A description of any partnerships the applicant has developed
with individuals and organizations outside of the applicant
organization, including, but not limited to, blended learning policy
and research entities, academic institutions, educational technology
experts, community organizations, and local employers.
(6) Evidence of support for the application by individuals and
organizations outside of the applicant organization, including, but
not limited to, blended learning policy and research entities,
academic institutions, educational technology experts, community
organizations, and local employers.
(7) The name and address of each school included in the
application.
(8) A description of specific statutes for which the applicant
requests a waiver in accordance with Section 52284 and Article 3
(commencing with Section 33050) of Chapter 1 of Part 20 of Division
2, if any. The waiver request shall include a description of the
educational benefit to be achieved as a result of the waiver and any
alternative conditions, procedures, or requirements that may be
applied as an alternative to the statutes proposed to be waived.
52283. The state board shall select up to 20 applicants to
participate in the pilot program. In evaluating and selecting pilot
program participants, the state board shall consider all of the
application criteria listed in Section 52282 and all of the
following:
(a) The overall viability of the applicant's blended learning
model and the applicant's likelihood to successfully achieve desired
outcomes for the pupils enrolled in the pilot program.
(b) The degree to which the applicant can demonstrate early
success with employing innovation in the field of blended learning.
(c) The degree of rigor and reasonableness of the goals and
outcomes the applicant has defined for the pilot program.
(d) The degree to which the total selected participant pool
reflects a range of blended learning models and structures of service
delivery.
52284. (a) The state board may amend a waiver request submitted
by an applicant pursuant to Section 52282, consider alternative
waivers, or impose additional terms on an applicant as a condition of
a waiver receipt at the state board's discretion. Nothing in this
chapter shall require the state board to approve a waiver requested
by an applicant.
(b) An applicant for the pilot program shall be deemed a school
district for the purposes of requesting and receiving waivers
authorized pursuant to Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20 of Division 2. Applicants for the pilot program
may request, and the state board may approve, waivers subject to any
alternative oversight or conditions determined by the state board. An
approved waiver shall further the intent of the pilot program to
offer greater flexibility to further innovation and pupil achievement
in blended learning programs and may include, but not be limited to,
waivers that achieve any of the following:
(1) Recognize and offer flexibility on existing operational
barriers that constrain innovation in blended learning programs.
(2) Allow alternative class structures and instructional delivery
models.
(3) Support structures that promote individualized instruction in
a blended learning online and schoolsite environment.
(c) A charter school participating in the pilot program shall be
exempt from the funding determination process and classroom-based
instruction criteria established in subdivisions (d) and (e) of
Section 47612.5, Section 47634.2, and any implementing regulations.
(d) A charter school participating in the pilot program shall
notify its authorizing entity of its participation in the pilot
program and shall provide the authorizing entity a copy of any waiver
that is approved as a result of participation. Participation in the
pilot program and approval of an associated waiver shall not be
considered a material revision to the school's charter.
52285. The state board may terminate the participation of a
participant in the pilot program, and any associated waivers, for
good cause, as determined by the state board at a public meeting at
any time.
52286. (a) At the end of each school year, a school participating
in the pilot program shall submit a report to the state board on its
progress and outcomes in accordance with format and content
requirements and timeline as determined by the state board.
(b) (1) No later than December 31, 2018, the state board shall
submit a report to the Legislature on the results of the pilot
program, including recommendations on whether to continue any of the
waivers for the schools that participated in the pilot program and
whether any other changes in the law are supported as a result of the
outcomes achieved in the participating schools.
(2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
52287. This chapter shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.