California-2009-AB976-Amended

BILL NUMBER: AB 976	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 15, 2010
	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 26, 2009

   An act to amend Section 51745 of the Education Code, relating to
public schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 976, as amended, Arambula. Public schools: alternative
education: accountability.
   (1) Existing law authorizes a school district or county office of
education to offer independent study to meet the educational needs of
certain pupils, including pupils taking part in alternative
education programs.
   This bill would require a school district,  prior to
  when  referring a pupil to  independent
study pursuant to  an alternative education program, to
provide the pupil and his or her parent or guardian with a listing of
all other alternative education options,  and to utilize
independent study only as a last resort, except as specified. The
bill would prohibit a school district or county office of education
from offering independent study to a pupil if the school district or
county office of education determines that the pupil is performing
below state standards, unless the pupil is employed, is pregnant or
parenting, or is obliged to be off campus for his or her physical
safety or due to a medical or psychological condition. The bill would
authorize the State Department of Education to prohibit a school
district or county office of education from continuing to enroll a
pupil in independent study if the pupil performs below average state
standards for his or her grade level and does not make significant
progress   as specified. The bill would require, if the
most appropriate alternative for the pupil is independent study, for
a statement affirming the appropriateness of that choice to be signed
by the pupil, his or her parent or guardian, and a school official
 . Because this bill would require school districts and county
offices of education to comply with additional requirements 
before   when  referring a pupil to independent
study, the bill would impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  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 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 as specified by 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) No individual with exceptional needs, as defined in Section
56026, may 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) No temporarily disabled pupil may 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. 
   (f) A school district or county office of education shall not
enroll a pupil in independent study if the school district or county
office of education determines that the pupil is performing below
average state standards. An exception to the requirements of this
subdivision may be made for any of the following:  
   (1) A pupil who is employed.  
   (2) A pupil who is pregnant or is a parent and is caring for a
child or children.  
   (3) A pupil who is obliged to be off campus for his or her
physical safety.  
   (4) A pupil who is obliged to be off campus due to a medical or
psychological condition.  
   (g) 
    (f)  When a school district refers a pupil to an
alternative education program,  independent study shall not
be the primary referral alternative. The   the 
school district shall provide the pupil and his or her parent or
guardian with a listing of all alternative education options, as well
as a description of the requirements the pupil must fulfill in order
to return to his or her school of origin. If the  only
  most  appropriate alternative for the pupil
 is   includes  independent study, a
statement  declining all other options  
affirming the appropriateness of that choice  shall be signed by
the pupil, his or her parent or guardian, and a school official.

   (h) The department may prohibit a school district or county office
of education from continuing to enroll a pupil in independent study
if the pupil performs below average state standards for his or her
grade level and does not make significant progress. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.