Question: Is it appropriate for a District to move (house) independent study students from one school site to another school site within the same district to secure funding blocks for enrollment, i.e. small school funding?
Response: Independent Study is a voluntary alternative instructional strategy for providing regular education; available from kindergarten through adult education. Independent study can be used on a short-term or long-term basis, and on a full-time basis or in conjunction with courses taken in a classroom setting. Classroom based students may take some classes using independent study, often to solve scheduling problems.
In your question, it appears that a method is being "explored" that may allow for additional revenue to be secured via necessary small school funding if students on independent study are moved to different sites. If this is what you are asking, the quick answer is no, it is not appropriate for district to change where independent study students are "housed" in order to maximize funding as every student engaged in independent study must be enrolled in a specified school and not moved around throughout the year.
Education Code (EC) Section 51747 requires that local educational agencies that claim apportionment for independent study must first adopt and implement written specified policies relating to independent study. The required written policies must be developed as specified in the California Code of Regulations, (CCR) Title 5 Section 11701.
In addition to the required written policies, other legal requirements that are conditions of apportionment are the following:
1. Every student engaged in independent study must be enrolled in a specified school of a school district or county office of education (EC Section 51748). This enrollment should be evident from the written agreement.
2. The Average Daily Attendance (a.d.a.) for independent study must fall within the teacher-to-a.d.a. limits set by EC Section 51745.6 to be eligible for apportionment.
3. Students who are age nineteen to twenty one must have been continuously enrolled since their eighteenth birthday for their a.d.a. to be eligible for K-12 apportionments (EC Section 46300.1).
4. No A.D.A. may be claimed from independent study until the written agreement is completed (EC sections 46300.7, 51747(c) (8)).
5. No A.D.A. is earned unless (i.e., "to the extent that") supervising teacher judgments of the time value of pupil or student work have been made personally in each instance (i.e., assignment) for each student engaged in independent study (EC Section 51747.5).
6. No A.D.A. from independent study may be claimed by a district if it has provided any funds or other things of value to the student or his or her parent, guardian, or caregiver that the district does not provide to students who attend regular classes (EC Section 51747.3(a)).
7. No A.D.A. is earned from the independent study of any student who resides outside the local county or the adjoining county (EC Section 51747.3(b)).
8. No A.D.A. is earned from the full time independent study of any elementary student enrolled pursuant to EC Section 48204(b), the provision that allows a student to be enrolled in a school near a parent's place of employment (EC Section 51747.3(c)).
A Self-Assessment Form for Independent Study Legal Compliance Issues is provided in the California Department of Education's Independent Study Operations Manual, in Chapter 13, pages 13-23 to 13-38; also a checklist for the required written agreement is provided in the Manual, in Section Q of Chapter 8.
3/16/06
