5 CCR s 19819

Cal. Admin. Code tit. 5, s 19819

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 1.5. EDUCATION AUDIT APPEALS PANEL
CHAPTER 3. AUDITS OF CALIFORNIA K-12 LOCAL EDUCATION AGENCIES
ARTICLE 3. STATE COMPLIANCE PROCEDURES: LOCAL EDUCATION AGENCIES OTHER
THAN
CHARTER SCHOOLS
This database is current through 02/09/07, Register 2007, No. 6
s 19819. Independent Study.

If the local education agency reported Average Daily Attendance generated
through independent study, perform the following procedures
(a) At the agency level:

(1) Reconcile the local education agency's independent study
attendance records to Average Daily Attendance generated through
full-time independent study reported to the California Department of
Education.

(2) From the independent study attendance records, select a
representative sample of pupils for whom Average Daily Attendance
generated through independent study was claimed, including pupils on
intermittent or "short term" independent study if the local
education agency offered that option, and confirm that every pupil
in the sample is identified in the written records of the district
or county board by grade level, by program placement, and by the
school in which he or she is enrolled.

(3) If, pursuant to the foregoing audit procedure, any pupils are
found that were not identified in the written records of the
district or county board by any one or more of grade level, program
placement, and the school in which he or she was enrolled,
recalculate, consistent with the provisions of Education Code
Section 46303, the correct number of units of Average Daily
Attendance. Include a statement in the Findings and Recommendations
section of the audit report of the number of pupils and the number
of units of Average Daily Attendance that were inappropriately
reported for apportionment and an estimate of their dollar value.

(4) Verify the local education agency's calculation, made pursuant
to the provisions of subdivision (a) of Education Code Section
51745.6, of ineligible Average Daily Attendance, if any, generated
through full-time independent study by pupils 18 years of age or
less.

(5) Interview administrative personnel and school counselors of the
local education agency to determine if the local education agency
had policies and procedures to ensure that any pupil terminating an
independent study agreement was permitted to immediately recommence
classroom study.

(6) Interview local education agency administrative personnel as
well as a sample of independent study teachers and review written
agreements to determine whether it was the local education agency's
policy or practice to provide independent study pupils or their
parents/guardians with monetary funding or any other things of value
such as equipment or paid private instruction. If so, determine
whether classroom pupils or their parents/guardians had the same
access to funding or things of value. Read program materials
provided to all parents/guardians to determine that opportunities
were equal and that pupils engaged in independent study were neither
offered nor given incentives or special benefits.

(b) Select a sample of schools that is representative of the local
education agency and sufficient in size to allow the auditor to draw a
reasonable conclusion with respect to the local education agency's
compliance with independent study requirements. Verify that the monthly
site summaries used for summarizing attendance provide accurate
information by performing the following procedures:

(1) At each school, examine the attendance accounting records to
verify that the attendance of pupils or adult education students or
both while engaged in independent study was maintained on separate
registers or the local education agency had another mechanism in
place to track Average Daily Attendance generated through
independent study separately from other Average Daily Attendance.

(2) Determine the total number of days of attendance reported for
each sampled school that resulted from attendance by pupils or adult
education students or both while engaged in independent study.
Reconcile the monthly totals (days of apportionment attendance) on
the site's attendance summary to the summary maintained by the local
education agency for the Second Principal and the Annual attendance
reports.

(3) Select a test month in the Second Principal or Annual
attendance reporting period. Verify the mathematical accuracy of the
monthly report and trace totals to the school's attendance summary.

(4) Verify that a certificated employee of the local education
agency coordinated, evaluated, and provided general supervision, as
that term is defined in Section 11700(b), of each pupil's or adult
education student's independent study, as required by the provisions
of subdivision (a) of Education Code Section 51747.5.

(5) Select a representative sample of teachers. Verify the
mathematical accuracy of the teachers' attendance records of pupil
or adult education student attendance. Trace the monthly totals from
the monthly report to the attendance records.

(6) If 100 percent apportionment attendance was recorded for all
independent study pupils or adult education students or both, ensure
that the teacher did not accrue more days of apportionment credit
for any assignment than there were school days in that assignment (
"banking"); or accrue days of attendance for work submitted
subsequent to the specified due date for the assignment (
"make-up").

(7) For programs in which hourly attendance accounting is not
required pursuant to Section 406, verify that attendance credit was
recorded in whole days based on the supervising teacher's personal
review, evaluation, and assignment of time value to the pupil's or
adult education student's work product, or the supervising teacher's
review of the evaluation and assignment of time value made by
another certificated teacher.

(c) From the attendance records, select a representative sample of
pupils/adult education students for whom Average Daily Attendance
generated through independent study was claimed, including pupils on
intermittent ( "short term") independent study if the local education
agency offered that option, and perform the following procedures:

(1) Verify that no pupil was enrolled in the local education agency
pursuant to subdivision (b) of Education Code Section 48204 while
engaged in full-time independent study.

(2) Determine each selected pupil's or adult education student's
county of residence at the time of commencing independent study and
verify that it is the county in which the apportionment claim is
reported or a contiguous county within California.

(3) Determine whether mailing addresses or other evidence of
residency changed during the time the pupils/adult education
students were in independent study and, if so, whether each pupil or
adult education student remained resident of the same or a
contiguous county within California.

(4) Verify that a total of not more than one day of attendance
generated through independent study was recorded for each pupil,
including pupils enrolled in more than one program, for any calendar
day on which school was in session.

(5) Verify that a written agreement exists for each pupil/adult
education student selected.

(6) Verify that every pupil whose independent study attendance was
claimed for apportionment was participating under an agreement for a
minimum of five consecutive school days.

(7) Verify that every written agreement contained all the required
elements:

(A) The manner, time, frequency, and place for submitting a pupil's
or adult education student's assignments and for reporting his or
her progress.

(B) The objectives and methods of study (pupil/adult education
student activities selected by the supervising teacher as the means
to reach the educational objectives set forth in the written
agreement) for the pupil's or adult education student's work.

(C) The methods utilized to evaluate that work (any specified
procedure through which a certificated teacher personally assesses
the extent to which achievement of the pupils/adult education
students meets the objectives set forth in the written assignment).

(D) The specific resources, including materials and personnel, to
be made available to the pupils/adult education students (resources
reasonably necessary to the achievement of the objectives in the
written agreement, not to exclude resources normally available to
all pupils/adult education students on the same terms as the terms
on which they are normally available to all pupils/adult education
students).

(E) A statement of the policies adopted pursuant to subdivisions
(a) and (b) of Education Code Section 51747 regarding the maximum
length of time allowed between the assignment and the completion of
a pupil's or adult education student's assigned work, and the number
of assignments a pupil or adult education student may miss before
there must be an evaluation of whether it is in the pupil's or adult
education student's best interests to continue in independent study.

(F) The duration of the independent study agreement, including the
beginning and ending dates for the pupil's or adult education
student's participation in independent study under the agreement,
with no agreement being for a period longer than one semester, or
one-half year for a school on a year-round calendar.

(G) A statement of the number of course credits or, for the
elementary grades, other measures of academic accomplishment
appropriate to the agreement, to be earned by the pupil/adult
education student upon completion.

(H) A statement in each independent study agreement that
independent study is an optional educational alternative in which no
pupil may be required to participate. In the case of a pupil who is
referred or assigned to any school, class, or program pursuant to
Section 48915 or 48917, the agreement also shall include the
statement that instruction may be provided to the pupil through
independent study only if the pupil is offered the alternative of
classroom instruction.

(I) Signatures, affixed prior to the commencement of independent
study, by

1. the pupil or adult education student;

2. the pupil's parent, legal guardian, or caregiver as that term is
used in Family Code Section 6550 and following, if the pupil is less
than 18 years of age;

3. the certificated employee who has been designated as having
responsibility for the general supervision of independent study; and

4. all other persons, if any, who had direct responsibility for
providing assistance to the pupil or adult education student.

(8) Verify that no days of attendance were reported for dates prior
to the signing of the agreement by all parties.

(9) Trace each pupil's or adult education student's attendance from
the attendance records to the teacher's register, record of the
pupil's or adult education student's work completed, and the
corresponding work assignment record. Verify that evaluated
pupil/adult education student work samples, bearing signed or
initialed and dated notations by the supervising teacher indicating
that he or she personally evaluated the work, or that he or she
personally reviewed the evaluations made by another certificated
teacher, have been retained in the file.

(10) Verify that the pupil/adult education student work product
samples are related to the assignment pursuant to which the work was
undertaken and reflect the curriculum adopted by the local governing
board and not an alternative curriculum.

(11) Review records and other relevant documentation to verify that
each pupil's choice to commence or to continue in independent study
was entirely voluntary and uncoerced.

(d) If any inappropriately reported units of Average Daily Attendance are
identified through the foregoing audit procedures, recalculate, consistent
with the provisions of Education Code Section 46303, the correct number of
units of Average Daily Attendance. Include a statement in the Findings and
Recommendations section of the audit report of the number of units of
Average Daily Attendance that were inappropriately reported for
apportionment and an estimate of their dollar value.

Note: Authority cited: Section 14502.1, Education Code.
Reference: Sections 14502.1, 14503 and 41020, Education Code.

HISTORY

1. New section filed 3-15-2004 as an emergency; operative 3-15-2004
(Register
2004, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-
13-2004 or emergency language will be repealed by operation of law on the
following day.

2. Certificate of Compliance as to 3-15-2004 order, including amendment of
section, transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004,
No.
26).

3. Change without regulatory effect amending subsection (b)(4) filed
5-12-2006
pursuant to section 100, title 1, California Code of Regulations (Register
2006, No. 19).

4. New subsections (a)(2) and (a)(3), subsection renumbering and amendment
of
newly designated subsection (a)(4) filed 6-12-2006 as an emergency;
operative
6-12-2006 (Register 2006, No. 24). A Certificate of Compliance must be
transmitted to OAL by 10-10-2006 or emergency language will be repealed by
operation of law on the following day.

5. Certificate of Compliance as to 6-12-2006 order transmitted to OAL
9-20-2006
and filed 9-29-2006 (Register 2006, No. 39).

5 CCR s 19819, 5 CA ADC s 19819
1CAC

5 CA ADC s 19819

END OF DOCUMENT