5 CCR s 19851

Cal. Admin. Code tit. 5, s 19851

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 4. STATE COMPLIANCE PROCEDURES: CHARTER SCHOOLS
This database is current through 02/09/07, Register 2007, No. 6
s 19851. Nonclassroom-Based Instruction/Independent Study.

If Average Daily Attendance was reported by the charter school to the
California Department of Education as generated through nonclassroom-based
instruction (independent study), perform the following procedures:
(a) Determine whether the governing body of the charter school had adopted
written policies for independent study as required by the provisions of
Education Code Section 51747. If it had not, any reported Average Daily
Attendance generated through independent study is not eligible for
apportionment. If the required policies were in place, determine whether
any reported Average Daily Attendance was generated before the written
policies were adopted. Any reported Average Daily Attendance generated
through independent study before the written policies were adopted is not
eligible for apportionment.

(b) Verify the charter school's calculation, made pursuant to Section
11704, of ineligible Average Daily Attendance, if any, generated through
full-time independent study.

(c) Verify that the documentation used by the charter school to summarize
monthly attendance provides accurate information. If the charter school
had multiple sites through which it provided independent study, select a
sample of school sites that is representative of the charter school's
grade spans (elementary, middle, and high schools) and sufficient in size
to allow the auditor to draw a reasonable conclusion with respect to the
charter school's compliance with independent study requirements. Perform
the following procedures:

(1) Determine the total number of days of attendance reported for
each sampled site that resulted from attendance by pupils 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 charter school for the Second Principal
attendance report.

(2) Select a test month in the Second Principal attendance
reporting period. Verify the mathematical accuracy of the monthly
report, or its equivalent if no monthly report is prepared, and
trace totals to the site's attendance summary.

(3) Verify that a certificated employee of the charter school, as
defined by Section 11700.1, coordinated, evaluated, and provided
general supervision, as that term is defined in Section 11700(b), of
each pupil's independent study, as required by the provisions of
subdivision (a) of Education Code Section 51747.5.

(4) Select a representative sample of teachers. Verify the
mathematical accuracy of the teachers' attendance records of pupil
attendance. Trace the monthly totals from the monthly report to the
attendance records.

(d) From the attendance records, select a representative sample of pupils
for whom Average Daily Attendance generated through independent study was
claimed, including pupils on intermittent ( "short term") independent
study, if the charter school offered that option, and perform the
following procedures:

(1) Determine each pupil'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.

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

(3) Verify that, on each day for which a pupil's attendance was
reported, the pupil engaged in an educational activity or activities
required of him or her by the charter school.

(4) Verify that each day of each pupil's attendance included in
calculations of Average Daily Attendance took place on one of the
charter school's schooldays.

(5) Verify that a total of not more than one day of attendance was
recorded for each pupil for any calendar day on which school was in
session.

(6) Verify that a written agreement exists for each pupil.

(7) Verify that every written agreement contained all the elements
required by the provisions of Education Code Section 51747(c):

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

(B) The objectives and methods of study (pupil activities selected
by the supervising teacher as the means to reach the educational
objectives set forth in the written agreement) for the pupil'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 meets the objectives
set forth in the written assignment).

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

(E) A statement of the policies adopted pursuant to the provisions
of 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 assigned work, and the number of
assignments a pupil may miss before there must be an evaluation of
whether it is in the pupil'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 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 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.

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

1. the pupil;

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

3. the certificated employee who was designated as having
responsibility for the general supervision of the pupil's
independent study; and

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

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

(9) Verify that evaluated pupil 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.

(e) 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, 41020, 47612.5 and 47634.2,
Education Code.

HISTORY

1. New section filed 5-6-2005 as an emergency; operative 5-6-2005
(Register
2005, No. 18). A Certificate of Compliance must be transmitted to OAL by
9-
6-2005 or emergency language will be repealed by operation of law on the
following day.

2. Certificate of Compliance as to 5-6-2005 order, including amendment of
first
paragraph and Note, transmitted to OAL 8-26-2005 and filed 10-11-2005
(Register
2005, No. 41).

3. Amendment of subsection (b) filed 2-17-2006 as an emergency; operative
2-17-
2006 (Register 2006, No. 7). A Certificate of Compliance must be
transmitted
to OAL by 6-19-2006 or emergency language will be repealed by operation of
law
on the following day.

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

5. Certificate of Compliance as to 2-17-2006 order, including further
amendment
of subsection (b), transmitted to OAL 4-27-2006 and filed 6-9-2006
(Register
2006, No. 23).

5 CCR s 19851, 5 CA ADC s 19851
1CAC

5 CA ADC s 19851

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