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6158 AR Administrative Regulation

Independent Study

Definitions Live interaction means interaction between the student and classified or certificated staff, and may include peers, provided for the purpose of maintaining school connectedness, including, but not limited to, wellness checks, progress monitoring, provision of services, and instruction. This interaction may take place in person, or in the form of Internet or telephonic communication. (Education Code 51745.5) Student-parent-educator conference means a meeting involving, at a minimum, all parties who signed the student's written independent study agreement pursuant to Education Code 51747 or the written learning agreement pursuant to Education Code 51749.6. (Education Code 51745.5) Synchronous instruction means classroom-style instruction or designated small group or one-on-one instruction delivered in-person, or in the form of Internet or telephonic communications, and involving live two-way communication between the teacher and student. Synchronous instruction shall be provided by a teacher(s) of record for that student pursuant to Education Code 51747.5 or the certificated employee providing instruction for course-based independent study. (Education Code 51745.5) Educational Opportunities Educational opportunities offered through independent study may include, but are not limited to: (Education Code 51745) 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. Continuing and special study during travel 4. Volunteer community service activities and leadership opportunities that support and strengthen student achievement 5. Individualized study for a student whose health, as determined by the student's parent/guardian, would be put at risk by in-person instruction or for a student 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 In addition, when requested by a parent/guardian due to an emergency or illness, independent study may be used on a short-term basis to ensure that the student is able to maintain academic progress in the student's regular classes. Equivalency The district's independent study option shall be substantially equivalent in quality and quantity to classroom instruction to enable participating students to complete the district's adopted course of study within the customary timeframe. Students in independent study shall have access to the same services and resources that are available to other students in the school and shall have equal rights and privileges. (5 CCR 11700, 11701.5) Students participating in independent study shall have access to Internet connectivity and devices adequate to participate in the educational program and complete assigned work. (Education Code 51747) The district shall not provide independent study students and their parents/guardians with funds or items of value that are not provided for other students and their parents/guardians. Providing access to Internet connectivity and district-owned devices adequate to participate in an independent study program and complete assigned work consistent with Education Code 51747, or to participate in an independent study course, as authorized by Education Code 51749.5, shall not be considered funds or other things of value. (Education Code 46300.6, 51747.3) Eligibility for Independent Study To participate in independent study, a student shall be enrolled in a district school. (Education Code 51748) The Superintendent or designee may approve the participation of a student who demonstrates the motivation, commitment, organizational skills, and academic skills necessary to work independently provided that experienced certificated staff are available to effectively supervise students in independent study. The Superintendent or designee may also approve the participation of a student whose health would be put at risk by in-person instruction. A student whose academic performance is not at grade level may participate in independent study only if the program is able to provide appropriate support, such as supplemental instruction, tutoring, counseling, ongoing diagnostic assessments, and/or differentiated materials, to enable the student to be successful. For an elementary student, the Superintendent or designee may consider the parent/guardian's level of commitment to assist the student. A student participating in independent study shall be a resident of the county or an adjacent county. Full-time independent study shall not be available to students whose district residency status is based on their parent/guardian's employment within district boundaries pursuant to Education Code 48204. (Education Code 46300.2, 51747.3) A student with disabilities, as defined in Education Code 56026, may participate in independent study if the student's individualized education program (IEP) specifically provides for such participation. If a parent/guardian of a student with disabilities requests independent study because the student's health would be put at risk by in-person instruction, the student's IEP team shall make an individualized determination as to whether the student can receive a free appropriate public education (FAPE) in an independent study placement. A student's inability to work independently, need for adult support, or need for special education or related services shall not preclude the IEP team from determining that the student can receive FAPE in an independent study placement. (Education Code 51745) A temporarily disabled student shall not receive individual instruction pursuant to Education Code 48206.3 through independent study. (Education Code 51745) Monitoring Student Progress The independent study administrator and/or supervising teacher shall promptly and directly address any failure by the student to meet the terms of the student's written agreement. The following supportive strategies may be used: 1. A letter to the student and/or parent/guardian 2. A meeting between the student and the teacher and/or counselor 3. A meeting between the student and the independent study administrator, including the parent/guardian if appropriate 4. An increase in the amount of time the student works under direct supervision When the student has failed to make satisfactory educational progress or missed the number of assignments specified in the written agreement as requiring an evaluation, the Superintendent or designee shall conduct an evaluation to determine whether independent study is in the student's best interest. This evaluation may result in termination of the independent study agreement and the student's return to the regular classroom program or other alternative program. (Education Code 51747, 51749.5; 5 CCR 11701) A written record of the findings of any such evaluation shall be treated as a mandatory interim student record which shall be maintained for three years from the date of the evaluation, and if the student transfers to another public school in California, the record shall be forwarded to that school. (Education Code 51747, 51749.5) Responsibilities of Independent Study Administrator The responsibilities of the independent study administrator include, but are not limited to: 1. Recommending certificated staff to be assigned as independent study teachers at the required teacher-student ratios pursuant to Education Code 51745.6 and supervising staff assigned to independent study functions who are not regularly supervised by another administrator 2. Approving or denying the participation of students requesting independent study 3. Facilitating the completion of written independent study agreements 4. Ensuring a smooth transition for students into and out of the independent study mode of instruction 5. Approving all credits earned through independent study 6. Completing or coordinating the preparation of all records and reports required by law, Board policy, or administrative regulation Assignment and Responsibilities of Independent Study Teachers Each student's independent study shall be coordinated, evaluated, and carried out under the general supervision of a district employee who possesses a valid certification document pursuant to Education Code 44865 or emergency credential pursuant to Education Code 44300, registered as required by law, and who consents to the assignment. (Education Code 51747.5; 5 CCR 11700) The ratio of student average daily attendance for independent study students age 18 years or younger to full-time equivalent certificated employees responsible for independent study shall not exceed the equivalent ratio for all other education programs in the district, unless a new higher or lower ratio for all other educational programs offered is negotiated in a collective bargaining agreement or the district enters into a memorandum of understanding that indicates an existing collective bargaining agreement contains an alternative ratio. (Education Code 51745.6) The responsibilities of the supervising teacher shall include, but are not limited to: 1. Completing designated portions of the written independent study agreement and signing the agreement 2. Supervising and approving coursework and assignments 3. Maintaining records of student assignments showing the date the assignment is given and the date the assignment is due 4. Maintaining a daily or hourly attendance register in accordance with Item #4 in "Records" in the accompanying Board policy 5. Providing direct instruction and counsel as necessary for individual student success 6. Regularly meeting with the student to discuss the student's progress 7. Determining the time value of assigned work or work products completed and submitted by the student, including time that the student engaged in asynchronous instruction 8. Assessing student work and assigning grades or other approved measures of achievement 9. Documenting each student's participation in live interaction and/or synchronous instruction pursuant to Education Code 51747 on each school day, as applicable, in whole or in part, for which live interaction or synchronous instruction is provided as part of the independent study program The Superintendent or designee shall ensure that independent study teachers have access to professional development and support comparable to classroom-based teachers.

Legal & Management References

State
5 CCR 11700-11705 - Independent study
Ed. Code 147610-47615 - Charter School Operation
Ed. Code 17289 - Exemption for facilities
Ed. Code 41020 - Requirement for annual audit
Ed. Code 41422 - Emergency conditions and apportionments
Ed. Code 42238 - Revenue limits
Ed. Code 42238.05 - Local control funding formula; average daily attendance
Ed. Code 44865 - Qualifications for independent study teachers
Ed. Code 46100 - Length of school day
Ed. Code 46200-46208 - Incentives for longer instructional day and year
Ed. Code 46300-46307.1 - Methods of computing average daily attendance
Ed. Code 46390-46393 - Emergency average daily attendance
Ed. Code 46600 - Interdistrict attendance computation
Ed. Code 47612.5 - Charter schools operations; general requirements
Ed. Code 48204 - Residency requirements for school attendance
Ed. Code 48206.3 - Home or hospital instruction; students with temporary disabilities
Ed. Code 48220 - Classes of children exempted
Ed. Code 48340 - Improvement of pupil attendance
Ed. Code 48915 - Expulsion; particular circumstances
Ed. Code 48916.1 - Educational program requirements for expelled students
Ed. Code 48917 - Suspension of expulsion order
Ed. Code 49010 - Educational activity; definition
Ed. Code 49011 - Student fees; definition
Ed. Code 49501.5 - School Meals
Ed. Code 51225.3 - High school graduation requirements
Ed. Code 51744-51749.6 - Independent study
Ed. Code 52060 - Local control and accountability plan
Ed. Code 52523 - Adult education as supplement to high school curriculum; criteria
Ed. Code 56026 - Individual with exceptional needs; definition
Ed. Code 58500-58512 - Alternative schools and programs of choice
Fam. Code 6550-6552 - Caregivers
Federal
20 USC 6311 - State plan
Management Resources
California Department of Education Publication - Legal Requirements for Independent Study
California Department of Education Publication - Conducting Individualized Determinations of Need
California Department of Education Publication - California Digital Learning Integration and Standards Guidance, May 2021
California Department of Education Publication - Elements of Exemplary Independent Study
Court Decision - Modesto City Schools v. Education Audits Appeal Panel (2004) 123 Cal.App.4th 1365
Education Audit Appeals Panel Publication - Guide for Annual Audits of K-12 Local Education Agencies and State Compliance Reporting
Website - CSBA District and County Office of Education Legal Services
Website - California Consortium for Independent Study
Website - California Department of Education, Independent Study
Website - Education Audit Appeals Panel

Cross References