The landscape of independent study is evolving, with several legislative updates reshaping how school districts and county offices of education (COEs) design, operate and ensure accountability for these programs. Recent amendments to the Education Code introduced by Senate Bill 153 (2024) and Assembly Bill 176 (2024) bring significant changes to independent study requirements, aimed at enhancing flexibility while maintaining rigorous standards.

Legislation enacted this past year expands the scope of independent study student work products to include the daily time value spent by a student on asynchronous instruction, such as online or computer-based instructional activities, even when tangible products are not created. Participation in these activities must be documented by a computer program that tracks student engagement. To ensure proper oversight, districts and COEs are now required to maintain documentation of hours or fraction of an hour for both student work products and the time that the student engaged in asynchronous instruction. Evidence of participation can include work produced or performed, or verification by a certificated employee that a student participated in synchronous instructional periods, either visually or verbally.

There were also changes to the number of independent study days that comprise short- and long-term independent study. Short-term independent study previously occurred if a student participated in independent study for fewer than 15 school days. Now, short-term independent study occurs if a student participates in independent study for 15 school days or fewer. The converse is also true. Long-term independent study now occurs if a student participates in independent study for 16 or more school days (as opposed to 15 or more school days as it was previously). Therefore, certain requirements pertaining to long-term independent study, such as specified levels of live interaction and/or synchronous instruction, tiered re-engagement strategies and transition to in-person instruction for families who so wish, are applicable to students participating in independent study for 16 or more school days. There are exceptions for students who participate in independent study due to necessary medical treatment or inpatient treatment for mental health care or substance abuse.

The requirements for written agreements follow the change to short- and long-term independent study. For independent study programs lasting 16 or more school days, districts and COEs are required to obtain a signed learning agreement before the program begins. For programs lasting 15 or fewer school days, agreements may be signed at any time during the school year, though legislative intent encourages providing these agreements to parents or guardians at or before the start of the school year.

Additionally, due to the requirement to have an instructional continuity plan as part of the district’s and COE’s comprehensive safety plan in place by July 1, 2025, local educational agencies that submit affidavits for emergency events occurring after Sept. 1, 2021, but before July 1, 2026, are required to certify plans to offer independent study to affected students within 10 instructional days. For events occurring on or after July 1, 2026, LEAs are required to certify that the comprehensive safety plan includes an instructional continuity plan, and that the district or COE offered student engagement and instruction consistent with the instructional continuity plan or certify that it did not do so due to extenuating circumstances.

Attendance calculations for independent study have also been clarified. When computing average daily attendance (ADA) for apportionment purposes, students participating in independent study cannot be credited with more than one day of attendance per calendar day. Further, districts and COEs are required to make a nutritionally adequate breakfast and lunch available at no cost to independent study students scheduled for educational activities lasting two or more hours at a school site or other designated facility, if requested by the student. This entitlement applies regardless of the student’s eligibility for free or reduced-price meals, aligning independent study programs with broader student nutrition initiatives.

Districts and COEs offering independent study programs have various models available, including programs within traditional schools, charter schools or alternative schools of choice. These programs must also adhere to policies related to those programs, such as Board Policy (BP) and Administrative Regulation (AR) 0420.4 – Charter School Authorization, BP 6146.11 – Alternative Credits Toward Graduation, and BP/AR 6181 – Alternative Schools Programs of Choice.

The changes outlined in this article require districts and COEs to make strategic adjustments to ensure compliance. Enhanced systems for tracking student engagement in asynchronous instruction are essential, and districts and COEs must also be prepared to offer instruction swiftly in times of crisis. This includes aligning instructional continuity plans with the updated requirements, which are crucial when disruptions occur that affect normal schooling. By adapting program models and operational procedures to align with these legislative updates, districts and COEs can better support student success while maintaining compliance with state mandates, improve the quality and inclusivity of alternative learning environments, and ensuring that all students receive the resources and support needed to thrive, whether in times of normal instruction or during emergencies.

CSBA recently updated BP/AR 6158 – Independent Study to incorporate the legislative changes described above, making now a great time to review district or COE policies and procedures surrounding independent study.