During the 2021–22 school year, in response to the COVID-19 pandemic, the state Legislature required districts and county offices of education (COEs) to offer independent study. Moving forward, districts and COEs are encouraged, but not required, to offer independent study programs.
Assembly Bill 181, the 2022–23 omnibus budget trailer bill that was enacted on June 30, 2022, and went into effect immediately, makes significant changes to independent study program requirements. Local educational agencies that offer independent study should update their written policies and agreements with students and families to reflect these changes.
The following is a summary of some of the significant changes to independent study programs attributable to AB 181.
AB 181 adds Education Code 51744, which encourages LEAs to “offer educational programs that best serve the needs” of students. These programs may include a “range of quality educational options, including classroom-based, hybrid, and nonclassroom-based programs.” Districts and COEs are also encouraged, when adopting a written policy, to consider offering students more than one independent study model for short- and long-term placements. It is also important to note that a student may not be required to participate in independent study.
AB 181 impacts the written agreements that LEAs have with students and parents for participation in an independent study program. For students participating in independent study for 15 or more school days, a signed written agreement must be obtained before the student begins independent study. For a student who participates in independent study for less than 15 school days, a signed written agreement must be obtained within 10 school days of the first day of the student’s enrollment.
The independent study agreement must be signed by the student, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and if the student is under 18 years old, their parent, legal guardian or caregiver. If a student receives special education and related services, the certificated employee designated as having responsibility for the special education programming of the student is also required to sign the written agreement.
Local educational agencies that offer independent study should update their written policies and agreements with students and families to reflect the changes made by Assembly Bill 181.
AB 181 amends the Education Code to permit students with disabilities to participate in traditional and course-based independent study if the student’s individualized education program (IEP) specifically provides for such instruction.
A parent or guardian may request independent study placement due to a risk to the student’s health by in-person instruction. In this case, the student’s IEP team must make an individualized determination that 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 cannot preclude the IEP team from making the determination that the student can receive FAPE in an independent study placement.
AB 181 also provides that districts and COEs may claim apportionment for students who participate in a virtual nonpublic, nonsectarian school, subject to specific criteria.
AB 181 modified when tiered re-engagement strategies are triggered for students who participate in independent study for 15 or more school days. Tiered re-engagement strategies should be deployed for students who are (1) not generating attendance for more than 10 percent of instructional time over four weeks, (2) not participating in synchronous instructional offerings for more than 50 percent of the scheduled times for such instruction in a school month, or (3) are in violation of their written agreement. Tiered re-engagement strategies must also include local programs intended to address chronic absenteeism. AB 181 did not modify tiered re-engagement strategies for course-based independent study.
Requirements related to tiered re-engagement strategies, synchronous instruction or live interaction, and transition back to in-person instruction do not apply to students who participate in independent study due to necessary medical treatment or inpatient treatment for mental health or substance abuse, under the care of appropriately licensed professionals. Districts and LEAs must obtain evidence from an appropriately licensed professional demonstrating the student’s need to participate in independent study.
The significant changes made by AB 181 necessitate a corresponding update to written policies. CSBA recently revised sample Board Policy and Administrative Regulation 6158 – Independent Study to reflect the new requirements of AB 181 and to delete material that was applicable only to the 2021–22 school year, making now a great time for LEAs to review and update their policy on this topic.