1. To Independent Study or To Not?
CASCWA
May 9, 2018
Presented by Jennifer R. Rowe Gonzalez and Kathleen McDonald

2. What is Independent Study?
California legislation authorizing Independent Study was enacted in 1976.
Originally designed to serve child actors, aspiring Olympic athletes, and other students whose schedules precluded regular classroom attendance.

3. What is Independent Study?
Independent study is a different way of learning.
Student is guided by a teacher but does not take classes with other students every day.
Student works independently.
Available to children and adults.
K-12 and adult school
Adults who are working toward a high school dimploma
Same courses as students in regular class; NOT an alternative curriculum!

4. What is Independent Study
It is a choice.
School districts cannot force students into independent study programs!
Flexible programming (short-term, long-term, full-time, or in conjunction with classroom program)
Allows students who might not otherwise graduate to stay in school.
Key is relationship with the IS teacher!
Allows students to accelerate their learning and graduate early.
Allows students to move more slowly through curriculum.
Allows students to make up classes.
Allows students to resolve scheduling conflicts.

5. What is Independent Study?
It is NOT for everyone!
Requires basic academic skills.
Requires level of commitment.
Requires motivation.
Requires organizational skills.
Requires self-direction (much like a college-level course)!

6. What is Independent Study?
Districts and COEs do not have to offer
Can be offered within a school, as a stand-alone alternative school of choice, or charter school.
Governed by a written agreement signed by the student, teacher, parent, and other relevant adults
Per CDE, during in nearly 168,000 students in K-12 received more than 50% of their instruction through independent study.
Numbers for part-time, short term, and adult are unknown.

7. Who Can Enroll In Independent Study?
Any student who wishes to enroll
If the District offers it. (Ed Code §51745)
If not, IDT, charter school, school in adjacent county
Including students with a Section 504 Plan.
Comparative standard—if allowed for typically developing peers, must be allowed for students with a 504 Plan
But NOT students with an IEP. (Ed Code §51745(c))
Unless the IEP team determines appropriate!
Except IS charter schools (Ed Code §47605(d)(2)(A))
Accept all students per charter
Includes special education students
Continuation and Opportunity School Students (Ed Code§51745(b))
Not more than 10% eligible for apportionment
Except pregnant or primary care-giving parent of a child are NOT counted in the 10% limit.

8. Who Can Enroll In Independent Study?
NOT a student who needs Home Hospital Instruction (Ed Code §§ & 51745(d))
“No temporarily disabled student may receive individual instruction…through independent study.”
Students need to have the ability to work independently (Ed Code § 51746(b)(1) & 5 CCR 11700(d)(1)(B))
A school may determine that IS is not an appropriate educational option if a student is far behind in credits.
Success may depend not only on the student’s individual abilities but on the school’s ability to provide the program supports, and interventions necessary for success.
Adults (Ed Code § )
Only for classes that count toward a high school diploma (Ed Code § )
An adult who has been continuously enrolled in K-12 education may remain engaged in K-12 IS and the District can claim K-12 apportionment until his/her 21st birthday. (Ed Code § )

9. The Agreement
The Independent Study Written Agreement (aka Master Agreement) outlines the course of study for each IS student. (Ed Code §51747(c))
Ensure that students and parents understand, when signing the agreement that the quality and quantity of work will be the same as in regular classes.
Avoid references to minimum day/hour programs in the Agreement
Students should be assigned a full-day’s worth of work that is comparable to the core curriculum assignments in the regular school that they would attend.
Delays high school graduation to do otherwise.
Reference additional documents, including:
Course contracts, assignment and work record forms, and curriculum guides.

10. The Agreement Shall be signed prior to the commencement of IS by the
Pupil
Parent/guardian/caregiver
The certificated employee who has been designated as having responsibility for the general supervision of IS
General supervision is continuing oversight over the study design, implementation plan, allocation of resources, and evaluation of the student’s independent study.
Personal determination or review of another certificated instructor’s determination of time for apportionment purposes.
AND all persons who have direct responsibility for providing assistance to the student.
IS cannot be started by a counselor or administrator giving work and the first meeting then with the supervising teacher 1 week later to turn in the work.
Ed Code §51747(c)(8), (a) & 5 CCR 11700(b)

11. The Agreement
Covers up to one semester or one-half year in a year-round school.
Required elements:
General student data including the name, address, grade level, school of enrollment, and program placement. (The birth date and statewide student identifier [SSID] number of student should be added, but are not required.) (Ed Code §§51748, (b), and )
List of the number of course credits or other measures of academic accomplishment to be earned by the student upon completion. (Ed Code § 51747(c)(6); 5 CCR § 11703(b)(2)
The learning objectives for the course(s). (Ed Code§51747(c)(2); 5 CCR§11702(b))
Methods of study. (Ed Code § 51747(c)(2); 5 CCR §11700(f), 11702(b))
Specific resources, including instructional materials and personnel, which will be made available to the student. (Ed Code §§51746, 51747(c)(3); 5 CCR §§11700(i), )
Methods of evaluation that will be used to determine if the student met the learning objective(s). (Ed Code § 51747(c)(2); 5 CCR §11700(e))

12. The Agreement Required elements:
Manner of reporting, how and when the student will present his or her work product to the supervising teacher, including time, frequency, Location (may be a combination of labs, classrooms, face-to-face, and/or online) (Ed Code §51747(c)(1).)
Beginning and end dates of the agreement. (Ed Code §51747(c)(5))
Duration, or maximum length, of the agreement. (Ed Code §51747(c)(5))
Dated signatures. (Ed Code §§51747(c)(8), ; 5 CCR §11702(a))
Number of missed assignments that will lead to an evaluation to determine if independent study is appropriate for the student. (Ed Code§§51747(b), (c)(4))
Maximum length of time between the date of the assignment and when it is due, by grade level and type of program (pursuant to Board Policy). (Ed Code §51747(a))
Statement that independent study is a continuously optional educational alternative in which no student is required to participate. (Ed Code §51747(c)(7); 5 CCR §11700(d)(2)(A))
Statement that instruction may be provided for a Section (expulsion) or (suspended expulsion) student through IS only if the student has the continuous choice of classroom instruction. (Ed Code §51747(c)(7); 5 CCR §11700(d)(2)(B).)

13. Class Size
For K-12, the ratio of IS students to IS teachers cannot exceed the ratio of classroom-based students to classroom-based teachers, calculated in terms of ADA unless a new ratio is negotiated in the collective bargaining agreement or MOU.
Does not include ADA calculations for special education classrooms OR
Necessary small schools.
Education Code §

14. Teacher Credentialing
Must have appropriate, valid credential per CTC
At the secondary level (middle and high school), consider restructuring the delivery so that teachers are mores specialized and student see different teachers for different subjects.

15. The Curriculum
Alternative delivery method for core curriculum (Ed Code §51745(a)(1-5))
Key: Delivery NOT Curriculum!!!
Expected to be equal in quality to classroom instruction!
Should be just as much work as in the regular classroom. (5 CCR§ )
If student is not completing work, should be re-evaluated to determine if IS is the correct option for the student. (Ed. Code § 51747(b) & (c)(4).)

16. Online Courses Can a District offer them?
What if a student wants to take them elsewhere?

17. Retention of Work Samples
Must keep for audit purposes.
Must be representative of student’s work products
Signed/initialed and dated by supervising teacher
Law does not specify originals; but, audit guidelines do

18. Instructional Minutes
Since not an alternative curriculum, must offer the minimum day.
Based on the teacher’s determination of the time value of work.
Kindergarten: 180 minutes (Ed Code §46117)
Grades 1-3: 230 minutes (Ed Code §46112)
Grades 4-8: 240 minutes (Ed Code §46113)
High school: 240 minutes (Ed Code §46141)
Adult education: 180 minutes (Ed Code §46190)
Opportunity education: 180 minutes (Ed Code §46180)

19. PE Minutes Should meet the statutory number of PE minutes
Grades 1-6: at least 200 minutes each 10 school days. (Ed Code §51210(g))
Grades 7-12: at least 400 minutes each 10 school days. (Ed Code 51222(b))
Assigned the same way as other classes and can include both bookwork and exercise in minutes
Statewide PE Testing
Grades 5, 7, 9

20. Attendance Records Must be kept
A separate listing by grade level, program, and school, for those who have engaged in IS
Grades K-8
Identify units of curriculum undertaken and units completed
Grades 9-12/Adult School
Identify course credits attempted and awarded to each student

21. What about SARB? Can you use it with IS students?
No, students in K–12 IS independent study are not subject to truancy laws.
Instead, must evaluate the appropriateness of IS
How many missed assignments would trigger this?

22. The Funding www.cde.ca.gov/sp/eo/is/
General fund apportionment based on ADA
Can only claim ADA credit if student participate in IS for at least 5 consecutive school days. (Ed Code §46300(e)(1).)
This does not prevent the District from allowing a student to participate for fewer days.
If student is assigned 5 days, but only completes 4 worth of work as determined by the supervising teacher, then District can only claim 4.
Does not apply to charter schools.
If they have a minimum day through classroom-based instruction, ADA is collected through that.

23. Can We Require Seat Time?
Due to the federal requirements to use “highly qualified” teachers, there is a trend toward grouping independent study students for on-site labs, classes, and small group sessions.
As a result, an independent study student may be scheduled and required to come to group sessions or labs that are specified in his or her written agreement. However, independent study attendance is never based on student presence at “seat-based” sessions. It is based only on the time value of student work. (Ed Code § (b)
If a student fails to attend group sessions or labs, he or she cannot be reported truant since independent study attendance is based only on student work. However, according to Ed Code section 51747(b), a student who misses a specified number of assignments must be evaluated to determine whether he or she should remain in independent study or return to the regular school program.

24. Graduation, Sports & Other School Events
Yes
Students who choose to enroll in IS have equal rights and privileges to those in regular school programs (5 CCR § (c))
CIF Guidelines allows participation in school site of residence

25. Expelled or Suspended Students
“At the time an expulsion of a pupil is ordered, the governing board of the school district shall ensure that an educational program is provided to the pupil who is subject to the expulsion order for the period of the expulsion.” (Ed Code § (a))
The district may refer students to educational services provided by county office of education program.
The mandated education program should be responsive to the abilities and needs of the student.
For independent study to meet this criterion, the student should be considered capable of learning independently. Also, the student’s instructional program should be able to address needs for learning related to the behavioral issues that led to the expulsion.
Must be voluntary.
Cannot collect apportionment for any District program, during expulsion. (Ed Code § 48925(b))

26. Expelled or Suspended Students
DO NOT USE INDEPENDENT STUDY!
It is not a suspension location.
It is not an alternative to suspension.
This is particularly true for special educations students even when sevices must be provided beginning with Day 11 of removal.
Suspended students may take courses via independent study only if the student is offered the alternative of classroom instruction. (Ed Code §51747(c)(7))
Since independent study must be continuously voluntary (Ed Code §51747(c)(7); 5 CCR § 11700(d)(2)), schools may not assign suspended students to take courses via independent study.
Other means or alternatives must be used for suspension.

27. Expelled or Suspended Students
Stipulated Expulsion Agreements
Can utilize because the parent is agreeing to it through, essentially, a settlement agreement.
Suspended Enforcement
The District can utilize; but, if the parent insists on classroom instruction, the District must provide it.

28. Board Policy If going to run IS, should have BP/AR
Address issues such as:
Concurrent enrollment
Classroom and IS
IS and Community College
Maximum length of time between the date of the assignment and when it is due, by grade level and type of program. (Ed Code §51747(a))

29. Elements of an Exemplary IS Program
LEA support
Teacher quality
Student admission to, and support in, IS
Standards-aligned curriculum and materials
Assessment of student academic achievement
School Leadership
School culture
WASC accreditation
A-G requirements
Legally-compliant program

30. Short-Term Independent Study
What is short-term?
Law provides ADA when 5 or more days
How many days allowed? 5, 10, 30?
Can we use while student is in rehab?
Same process as long-term
But, does that mean that special education students cannot utilize short-term IS without an IEP team meeting? No
Rim of the World (OCR 9/12/2014) applies the 10-day rule like in student discipline

31. Special Education
May not place unless IEP team determines appropriate (Ed Code §51745(c))
Part of the continuum
Where does this fit in to the LRE?
Could it be part time?
If appropriate, what about related services?
In home? At school? Offered at all?
Connect the Dots
Plan for student to return
What if not appropriate, but this is what the parent is choosing?

32. Special Education Issue with Master Agreement
Under the IDEA and the Education Code, if a student’s IEP team determines that the student’s appropriate placement is independent study, the student must be placed in the program.
This could create a problem if the student’s parent refuses to enter into the agreement.
OAH has held that the IDEA prevails over state laws under the Supremacy Clause of the Constitution and, therefore, a special education student should not be denied the right to enroll in independent study based on his or her parent’s refusal to enter into an independent study agreement. (Camptonville Union Elementary Sch. Dist. (March 18, 2009) OAH Case. No )

33. Special Education Charter IS Schools
Can they refuse to take special education students?
Who pays for sped services?
Dependent vs. Independent
Transfer students
30-day interim (like services unless agree otherwise)
30-day review IEP to determine if IS is appropriate

34. Case Study Parent v. Horizon Charter School (OAH 2011)
1/14/2015
Case Study Parent v. Horizon Charter School (OAH 2011)
16 year-old Student attended Horizon Charter School’s homeschool independent study program;
Parent alleged Horizon failed to develop, offer and provide appropriate transition goals and services to address Student’s transition needs in the areas of independent living, vocational training and community experiences;
Horizon argued that transition services were appropriate in all respects and that, because Student’s mother was his principal teacher, she was partly responsible for ensuring that his transition plan was fully implemented;
The evidence showed that Student’s mother was the primary teacher of general education curriculum but did not have responsibilities for special education, including transition services;
Parent prevailed and OAH ordered compensatory assessment and transition services.