Bill Text: CA AB342 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Online instruction and independent study.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-08-12 - Assembly Rule 47.1 invoked. (Blumenfield). [AB342 Detail]

Download: California-2013-AB342-Amended.html

---

BILL NUMBER: AB 342	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 13, 2013

   An act to amend Sections 46300.8, 51745, 51745.6,  51747,
and 51747.3 of, and to add Section 46300.9 to,   and
51747 of  the Education Code, relating to online instruction and
independent study.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 342, as amended, Blumenfield. Online instruction and
independent study.
   (1) Existing law establishes the public elementary and secondary
school system in this state, and further establishes a funding system
pursuant to which the state apportions funds to local educational
agencies based on, among other factors, the average daily attendance
of pupils at the schools operated by those agencies. Numerous
statutes and regulations govern the calculation and reporting of
average daily attendance.
   Existing law, commencing with the 2014-15 school year, authorizes,
for purposes of computing average daily attendance, the inclusion of
pupils in grades 9 to 12, inclusive, under the immediate supervision
and control of a certificated employee of the school district or
county office of education who is delivering synchronous, online
instruction, as defined, provided that this instruction meets
specified criteria. Existing law requires, if a school district or
county office of education elects to offer synchronous, online
instruction, that the school district or county office of education
provide all pupils who choose to enroll in a synchronous, online
course access to the computer hardware or software necessary for the
pupil to participate in the course.
   Existing law requires the Superintendent of Public Instruction to
establish rules and regulations for purposes of implementing these
provisions, and requires those rules and regulations to, at a
minimum, address specified matters. Existing law also authorizes the
Superintendent to provide guidance regarding the ability of a school
district or county office of education to provide synchronous, online
instruction.  These provisions become inoperative on July 1,
2019, and are repealed on January 1, 2020. 
   This bill would make these provisions applicable to
technology-based synchronous instruction, as defined, rather than
synchronous, online instruction.  The bill would also make
this provision expressly applicable to charter schools. The bill
would delete the language that renders the bill inoperative on July
1, 2019, and repeals it on January 1, 2020, thereby extending the
operation of this provision indefinitely.  
   The bill would add provisions relating to attendance, supervision
of pupils, evaluation, and other requirements for technology-based
asynchronous instruction, as defined, to be included in the
calculation of average daily attendance. 
   (2) Existing law authorizes the governing board of a school
district or a county office of education to offer independent study
to meet the educational needs of pupils in accordance with prescribed
criteria. Existing law requires that not more than 10% of the pupils
participating in an opportunity school or program, or a continuation
high school, calculated as specified by the State Department of
Education, be eligible for apportionment credit for independent
study.
   This bill would  instead  require the calculation
to be based on the prior year average daily attendance reported to
the department.
   (3) Existing law requires the ratio of average daily attendance
for independent study pupils 18 years of age or less to full-time
equivalent certificated employees responsible for independent study
to not exceed a specified ratio.
   This bill would authorize a school district or a county office of
education to establish a different ratio of average daily attendance
for independent study pupils 18 years of age or less to full-time
equivalent certificated employees responsible for independent study
through a locally bargained agreement.
   (4) Existing law provides that a school district or county office
of education is not eligible to receive apportionments for
independent study pupils unless it has adopted and implemented
certain policies, including, but not limited to, policies related to
the maximum length of time that may elapse between the time an
independent study assignment is made and the date by which the pupil
must complete the assigned work, 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, the manner, time, frequency, and place for
submitting a pupil's assignments and for reporting his or her
progress, and requiring a written agreement for each independent
study pupil to be maintained on file.
   This bill would extend these provisions to charter schools, and
would require a school district, county office of education, or
charter school to adopt different policies to be eligible to receive
apportionments for independent study pupils, including  ,
 policies requiring periodic contact  , as defined,
 between the certificated employee providing instruction and the
pupil to assess whether satisfactory educational progress, as
defined, is made. The bill would require the written agreement for
each independent study pupil that is maintained on file to include
 different   additional  information, and
would authorize the written agreement to be maintained in a paper or
electronic copy, as defined. The bill would authorize independent
study to commence upon receipt of an electronic copy of the
agreement. 
   (5) Existing law prohibits a local educational agency, including,
but not limited to, a charter school, from claiming state funding for
the independent study of a pupil 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 their parents or
guardians.  
   This bill would provided that this prohibition does not apply to
technology-based instruction courses for which the local educational
agency provides computer equipment, software, or both, or other
components necessary for pupils to participate in online instruction.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 46300.8 of the Education Code is amended to
read:
   46300.8.  (a) Commencing with the 2014-15 school year, attendance
of pupils in grades 9 to 12, inclusive, under the  immediate
 supervision and control of a certificated employee of the
school  district,   district or  county
office of education, or charter school  
education  who is delivering technology-based synchronous
instruction shall be included in computing average daily attendance,
provided that all of the following occur:
   (1) The certificated employee providing the instruction confirms
pupil attendance through visual recognition during the class period.
A pupil logon, without any other pupil identification, is not
sufficient to confirm pupil attendance.
   (2) The class has regularly scheduled starting and ending times,
and the pupil is scheduled to attend the entire class period. Average
daily attendance shall be counted only for attendance in classes
held at the regularly scheduled time.
   (3) An individual with exceptional needs, as defined in Section
56026, may participate in technology-based synchronous instruction
only if 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.
   (4) If a school  district,   district or
 county office of  education, or charter school
  education  elects to offer technology-based
synchronous instruction pursuant to this paragraph, the school
 district,   district or  county office of
 education, or charter school   education 
shall not deny enrollment to a pupil based solely on the pupil's lack
of access to the computer hardware or software necessary to
participate in the technology-based synchronous instruction course.
If a pupil chooses to enroll in a technology-based synchronous
instruction course and does not have access to the necessary
equipment, the school  district,   district or
 county office of  education, or charter school
  education  shall provide, for each pupil who
chooses to enroll in a technology-based synchronous instruction
course, access to the computer hardware or software necessary to
participate in the technology-based synchronous instruction course.
   (5) The ratio of average daily attendance for technology-based
pupils who are 18 years of age or younger to school district
full-time equivalent certificated employees responsible for
technology-based synchronous instruction, calculated as specified by
the department, shall not exceed the equivalent ratio of pupils to
full-time certificated employees for all other educational programs
operated by the school district, unless a higher or lower ratio is
negotiated in a collective bargaining agreement.
   (6) The ratio of average daily attendance for technology-based
pupils who are 18 years of age or younger to county office of
education full-time equivalent certificated employees who provide
technology-based synchronous instruction, to be calculated in a
manner prescribed by the department, shall not exceed the equivalent
ratio of pupils to full-time certificated employees for all other
educational programs operated by the high school or unified school
district with the greatest average daily attendance of pupils in that
county, unless a higher or lower ratio is provided for in a
collective bargaining agreement. The computation of the ratios
specified in paragraph (5) and this paragraph 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) The Superintendent shall establish rules and regulations for
purposes of implementing this section that address all of the
following:
   (1) How school  districts,   districts or
 county offices of  education, or charter schools
  education  include pupil attendance in
technology-based synchronous instruction courses in the calculation
of average daily attendance pursuant to Section 46300.
   (2) How to ensure a pupil meets minimum instructional time
requirements pursuant to the following:
   (A) Section 46141 and Section 46201, 46201.5, or 46202, as
applicable, for pupils enrolled in a noncharter school in a school
district or county office of education.
   (B) Section 46170, for pupils enrolled in a continuation school.
   (C) Section 46180, for pupils enrolled in an opportunity school.
   (3) Require statewide testing results for technology-based pupils
to be reported and assigned to the school in which the pupil is
enrolled for regular classroom courses, and to any school 
district,   district or  county office of 
education, or charter school   education  within
which that school's testing results are aggregated. Testing results
may be disaggregated for the purpose of comparing technology-based
pupils' testing results to the results of those pupils enrolled
 for   in  regular classroom courses.
   (4) Require attendance accounted for pursuant to this section to
be subject to the audit conducted pursuant to Section 41020.
   (c) The Superintendent may provide guidance regarding the ability
of a school  district,   district or 
county office of  education, or charter school  
education  to provide technology-based synchronous instruction.

   (d) A technology-based synchronous instruction course shall be
approved by the governing board of the school district or county
office of education,  or by the governing body of the charter
school,  shall be as rigorous as a classroom-based course,
and shall meet or exceed all relevant state content standards.
   (e) For purposes of this section, "technology-based synchronous
instruction" means a class or course in which the pupil and the
certificated employee who is providing instruction are online at the
same time through the use of electronic means, including, but not
necessarily limited to, the use of real-time, Internet-based
collaborative software that combines audio, video, file sharing, and
other forms of interaction. 
   (f) This section shall become inoperative on July 1, 2019, and, as
of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
 
  SEC. 2.    Section 46300.9 is added to the
Education Code, to read:
   46300.9.  (a) Commencing with the 2014-15 school year, attendance
of pupils in grades 9 to 12, inclusive, under the supervision of a
certificated employee of the school district, county office of
education, or charter school who is delivering technology-based
asynchronous instruction shall be included in computing average daily
attendance, provided that all of the following occur:
   (1) (A) Periodic contact between the certificated employee
providing instruction and the pupil to assess whether satisfactory
educational progress is made.
   (B) If satisfactory educational progress is not made, a
certificated employee shall notify the pupil and the pupil's parent
or guardian.
   (C) If satisfactory educational progress is not made, an
evaluation shall be conducted to determine whether it is in the best
interests of the pupil to remain in technology-based asynchronous
instruction, 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. A pupil shall not continue to participate in
technology-based asynchronous instruction without evidence of
satisfactory educational progress unless technology-based
asynchronous instruction is determined by the district or county
superintendent, or charter administrator, to be in the best interest
of the pupil.
   (D) For purposes of this section, "satisfactory educational
progress" includes meeting measures such as applicable statewide
accountability measures and assessments, the completion of
assignments, required laboratories or online workgroups, or other
indicators that the pupil is working on assignments and learning
required concepts, as determined by the supervising certificated
employee.
   (2) A current written agreement for each pupil engaged in
technology-based asynchronous instruction is maintained on file in a
paper or electronic copy. The written agreement shall include a copy
of the governing board's technology-based asynchronous instruction
authorization, and shall include, but is not limited to, all of the
following:
   (A) A statement of the policies adopted pursuant to paragraph (1)
and as determined by each local educational agency that specifies
periodic contact between pupils and certificated employees and
identifies the accountability measures and assessments that will be
used to determine satisfactory educational progress.
   (B) The duration of the technology-based asynchronous instruction
written agreement.
   (C) A statement of the number of course credits to be earned by
the pupil upon completion. In all cases, the authorization for
technology-based asynchronous instruction shall include the learning
objectives required to achieve satisfactory educational progress.
   (D) The inclusion of a statement in each technology-based
asynchronous instruction agreement that technology-based asynchronous
instruction 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
technology-based asynchronous instruction only if the pupil is
offered the alternative of classroom instruction.
   (E) The signatures, affixed before the commencement of
technology-based asynchronous instruction, of the pupil, the pupil's
parent, legal guardian, or caregiver if the pupil is less than 18
years of age, and the certificated employee who has been designated
as having responsibility for the general supervision of
technology-based asynchronous instruction. For purposes of this
paragraph "caregiver" means a person who has met the requirements of
Part 1.5 (commencing with Section 6550) of Division 11 of the Family
Code.
   (b) Technology-based asynchronous instruction may commence upon
receipt of an electronic copy of the agreement specified in paragraph
(2) of subdivision (a).
   (c) 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 (PDF), JPEG,
or other digital image file type, which may be sent via fax machine,
e-mail, or other electronic means.
   (d) As a condition of apportionment, local educational agencies
shall retain written or electronic documentation that demonstrates
satisfactory educational progress for pupils engaged in
technology-based asynchronous instruction.
   (e) An individual with exceptional needs, as defined in Section
56026, may participate in technology-based asynchronous instruction
only if 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.
   (f) If a school district, county office of education, or charter
school elects to offer technology-based asynchronous instruction
pursuant to this section, the school district, county office of
education, or charter school shall not deny enrollment to a pupil
based solely on the pupil's lack of access to the computer hardware
or software necessary to participate in the technology-based
asynchronous instruction course. If a pupil chooses to enroll in a
technology-based asynchronous instruction course and does not have
access to the necessary equipment, the school district, county office
of education, or charter school shall provide, for each pupil who
chooses to enroll in a technology-based asynchronous instruction
course, access to the computer hardware or software necessary to
participate in the technology-based asynchronous instruction course.
   (g) A technology-based asynchronous instruction course shall be
approved by the governing board of the school district or county
office of education, or by the governing body of the charter school,
shall be as rigorous as a classroom-based course, and shall meet or
exceed all relevant state content standards.
   (h) For purposes of this section, "technology-based asynchronous
instruction" means a class or course in which the pupil and the
certificated employee who is providing instruction may be online at
different times, allowing pupils and certificated employees to
participate according to their own schedules. Communication and
interaction may occur via electronic means, including, but not
limited to, real-time, Internet-based collaborative software that
combines audio, video, file sharing, and other forms of interaction.

   SEC. 3.   SEC. 2.   Section 51745 of the
Education Code is amended to read:
   51745.  (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 by prior year average daily attendance reported to 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.
   SEC. 4.   SEC. 3.   Section 51745.6 of
the Education Code is amended to read:
   51745.6.  (a) 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 pupils to full-time certificated
employees for all other educational programs operated by the school
district, unless a different ratio is established through a locally
bargained agreement. 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 ratio of pupils to
full-time certificated employees for all other educational programs
operated by the high school district or unified school district with
the largest average daily attendance of pupils in that county, unless
a different ratio is established through a locally bargained
agreement. The computation of those 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
ratio described in subdivision (a) shall be eligible for
apportionment pursuant to Section 42238.5, for school districts, and
Section 2558, for county offices of education. This section shall not
prevent a school district or county office of education from serving
additional units of average daily attendance greater than the ratio
described in subdivision (a), except that those additional units
shall not be funded pursuant to Section 42238.5 or  Section
 2558.
   (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 pupil-teacher ratio described in subdivision (a) in a
unified school district participating in the class size reduction
program pursuant to Chapter 6.10 (commencing with Section 52120) may,
at the school district's option, be calculated separately for
kindergarten and grades 1 to 6, inclusive, and for grades 7 to 12,
inclusive.
   (e) The pupils-to-certificated-employee ratio described in
subdivision (a) may, in a charter school, be calculated by using a
fixed pupils-to-certificated-employee ratio of 25 to one, or by being
a ratio of less than 25 pupils per certificated employee. All
charter school pupils, regardless of age, shall be included in
pupils-to-certificated-employee ratio calculations.
   SEC. 5.   SEC. 4.  Section 51747 of the
Education Code is amended to read:
   51747.  (a) A school district, county office of education, or
charter school 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 
require,   include,  at a minimum, all of the
following: 
   (1) 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.  
   (1) 
    (2)  (A)  Periodic   (i)  
  A requirement of periodic  contact between the
certificated employee providing instruction and the pupil to assess
whether satisfactory educational progress is made. 
   (ii) For purposes of this section, "periodic contact" means
communication that occurs at least twice per month and consists of
either in-person interaction or interaction through electronic means,
including, but not necessarily limited to, the use of real-time,
Internet-based collaborative software that combines audio, video,
file sharing, and other forms of interaction. 
   (B) If satisfactory educational progress is not made, a
certificated employee shall notify the pupil and the pupil's parent
or guardian.
   (C) If satisfactory educational progress is not made, an
evaluation shall be 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. A pupil shall
not continue to participate in independent study without evidence of
satisfactory educational progress unless independent study is
determined by the district or county superintendent, or charter
administrator or designee, to be in the best interest of the pupil.
   (D) For purposes of this section, "satisfactory educational
progress" includes meeting measures such as applicable statewide
accountability measures and assessments, the completion of
assignments,  locally approved or state-approved formative
assessments,  required laboratories or online workgroups, or
other indicators that the pupil is working on assignments and
learning required concepts, as determined by the supervising
certificated employee. 
   (2) 
    (3)  A  requirement of a  current written
agreement for each independent study pupil that is maintained on file
in a paper or electronic copy. The written agreement shall include a
copy of the governing board's independent study authorization, and
shall include, but is not limited to, all of the following: 
   (A) The manner, time, frequency, and place for submitting a pupil'
s assignments and for reporting his or her progress.  
   (B) The objectives and methods of study for the pupil's work, and
the methods used to evaluate that work.  
   (C) The specific resources, including materials and personnel,
that will be made available to the pupil.  
   (A) 
    (D)  A statement of the policies adopted pursuant to
paragraph  (1)   (2)  and as determined by
each local educational agency that specifies periodic contact between
pupils and certificated employees and identifies the accountability
measures and assessments that will be used to determine satisfactory
educational progress. In all cases, the authorization for independent
study shall include the learning objectives required to achieve
satisfactory educational progress. 
   (B) 
    (E)  The duration of the independent study 
agreement.   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 semester, or one-half year for a
school on a year-round calendar.  
   (C) 
    (F)  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. 
   (D) 
    (G)  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. 
   (E) 
    (H)  The signatures, affixed before the commencement of
independent study, of the pupil, the pupil's parent, legal guardian,
or caregiver if the pupil is less than 18 years of age, and the
certificated employee who has been designated as having
responsibility for the general supervision of independent study. For
purposes of this paragraph "caregiver" means a person who has met the
requirements of Part 1.5 (commencing with Section 6550) of Division
11 of the Family Code.
   (b) Independent study may commence upon receipt of an electronic
copy of the agreement specified in paragraph  (2) 
 (3)  of subdivision (a).
   (c) 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 (PDF), JPEG,
or other digital image file type, which may be sent via fax machine,
email, or other electronic means.
   (d) As a condition of apportionment, local educational agencies
shall retain written or electronic documentation that demonstrates
satisfactory educational progress for independent study pupils.

  SEC. 6.    Section 51747.3 of the Education Code
is amended to read:
   51747.3.  (a) (1) 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.
                                                 (2) Paragraph (1)
does not apply to technology-based instruction courses for which the
local educational agency provides computer equipment, software, or
both, or other components necessary for pupils to participate in
online instruction.
   (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 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).