Section B: Other Legal Requirements

The legal requirements listed below are MANDATORY for legally compliant independent study. Not all of these requirements are required to be in writing. Local educational agencies (LEAs) may choose to put these legal requirements in the Board Policy, Administrative Rules and Regulations (A.R.s), and/or other written policies, pursuant to rules and regulations.

This is a best practice but not required by independent study law.

A.R.’s do not need Board Approval.

The superintendent or designee may establish Administrative Rules and Regulations to implement independent study in accordance with the law.

The independent study option is to be substantially equivalent in quality and quantity to classroom instruction, thereby ensuring that a pupil or adult education student who engages in independent study on a full-time basis, or on a part-time basis in conjunction with part- or full-time classroom study, will be enabled to complete the district or county office of education adopted course of study within the customary time frame for completion of that course of study.
5 CCR Section 11701.5(a)

The independent study option is designed to teach the knowledge and skills of the LEA’s core curriculum. LEAs offering independent study shall provide content aligned to grade level standards substantially equivalent to in-person instruction.
EC sections 51747(c) and 51749.5(a)(4) (CBIS)

LEAs shall confirm or provide access to all independent study pupils to the connectivity and devices necessary to participate in their educational program and complete assignments. EC Section 51747(g)(3)

For pupils not performing at grade level or requiring support in other areas, the independent study agreement shall include a statement identifying the academic and other supports that will be provided to address the pupil’s needs. EC Section 51747(g)(7)

Independent study needs to be as or more rigorous than the traditional classroom option.

It is the intent of the legislature that school districts and county offices of education offering independent study shall provide appropriate existing services and resources to enable pupils to complete their independent study successfully and shall ensure the same access to all existing services and resources in the school in which the pupil is enrolled pursuant to Section 51748 as is available to all other pupils in the school.
EC Section 51746

Pupils or adult education students who choose to engage in independent study are to have the same access to existing services and resources as other pupils or adult education students of the school in which the independent study pupil or adult education student is enrolled.
5 CCR Section 11701.5(b)

“Specific resources” include all resources, including materials and services, reasonably necessary to the achievement of the objectives in the written agreement, and shall not be construed to exclude resources normally available to all pupils or adult education students on the same terms as the terms on which they are normally available to all pupils or adult education students.
5 CCR Section 11700(i)

EC Section 51746 (a) also states the resources may include a designated learning center or study area staffed by appropriate trained personnel and, (b) The services of qualified personnel to assess achievement, abilities, interests, etc… and (1) determine if full time independent study is the most appropriate alternative for pupil, and (2) if the answer to (1) above is affirmative, the determination of the most appropriate individualized plan and resources to be made available to pupils enrolled in full time IS.

Content aligned to grade level standards that is substantially equivalent to in-person instruction. For high schools, this shall include access to all courses offered by the local educational agency for graduation and approved by the University of California or the California State University as creditable under the A–G admissions criteria.
EC Section 51747(c)

The curriculum and methods of study specified in an independent study agreement shall be consistent with the district or county office of education policies and procedures for curriculum and instruction as adopted by the governing board.
5 CCR Section 11702(b)

Physical education offered via independent study should meet all statutory physical education requirements. A source of information for providing the course of study is the CDE Physical Education Model Content Standards for California Public Schools(PDF; 2MB). For additional information, visit the CDE Physical Education FAQs web page.

*For apportionment purposes, a district-approved physical education course should be valid for traditional independent study pupils, as long as it meets the usual conditions of apportionment for independent study (covered by a written agreement, assignments completed by due dates, and supervising teacher determination of the time value of completed work), and the pupil is under the general supervision of a certificated employee.

No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any of the common schools of this State.

California Constitution, Article IX, Section 8

For additional guidance on this topic, see Appendix C of the History-Social Science Framework for California Public Schools

English Language Arts courses may also study religious texts as literature if it is part of a board-approved course.

Pupils or adult education students who choose to engage in independent study are to have equality of rights and privileges with the pupils or adult education students of the district or county office of education who choose to continue in their regular classroom program.

5 CCR Section 11701.5(c)

District policy and practice may not prevent pupils from participating in a graduation ceremony or from participating in sports or any other social activities for the school in which they are enrolled simply because the pupils have taken or are taking their classes in independent study. Any denial of that right or privilege to independent study pupils is a prohibited form of discrimination. Whenever possible, it is recommended that districts make services and resources equally available to all district independent study pupils. 5 CCR Section 11701.5(b) (From CDE FAQs)

Notwithstanding any other provision of law and except to the extent inconsistent with this section and Section 47634.2, a charter school that provides independent study shall comply with Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the education code.

This requirement does not include the three-day minimum for independent study.

School districts and county offices of education shall not be eligible to receive apportionment for independent study attendance by any pupil who is not otherwise identified in the written records of the district or county board by grade level, program placement, and the school in which he or she is enrolled.
EC Section 51748

Students may not be enrolled in a program only; they must have simultaneous enrollment in a school.

The State Department of Education shall apportion funds for community school and independent study average daily attendance only for average daily attendance claimed by school districts and county superintendents of schools for pupils who officially reside in the county in which the apportionment claim is reported, or who officially reside in a county immediately adjacent to the county in which the apportionment claim is reported.
EC Section 46300.2

Notwithstanding paragraph (1) of subdivision (d) of EC Section 47605 or any other provision of law, community school and independent study average daily attendance shall be claimed by school districts, county superintendents of schools, and charter schools only for pupils who are residents of the county in which the apportionment claim is reported or who are residents of a county immediately adjacent to the county in which the apportionment claim is reported.
EC Section 51747.3(b)

e.g. County Office of Education needs a referral in order to enroll and a District can enroll with an Inter-District Transfer (IDT).

• McKinney-Vento – student address is where they spend the majority of their time
  Determining McKinney-Vento Program Eligibility
• CDE information – Resources for Homeless Children and Youth
  Resources for Homeless Children and Youth

The Superintendent of Public Instruction shall not apportion funds for reported average daily attendance, through full-time independent study, of pupils who are enrolled in school pursuant to subdivision (b) of Section 48204.
EC Section 51747.3(d)

EC Section 48204(b)(1)
(The EC Section does not apply to Independent Study enrollment)

A school district may deem a pupil to have complied with the residency requirements for school attendance in the district if at least one parent or the legal guardian of the pupil is physically employed within the boundaries of that district for a minimum of 10 hours during the school week.

Individuals with exceptional needs, as defined in Section 56026, may participate in independent study, if their individualized education program (IEP) specifically provides for the participation.
EC Section 51745(c)

• In 2022 Assembly Bill 181 amended independent study requirements to ensure that individuals with exceptional needs have equal access to participate in independent study.
• The certificated employee having responsibility for the student’s special education programming must also sign the independent study agreement.

The IEP team shall make an individualized determination as to whether the pupil can receive a free appropriate public education in an independent study placement.

A pupil’s inability to work independently, the pupil’s need for adult support, or the pupil’s need for special education or related services shall not preclude the IEP team from determining that the pupil can receive a free appropriate education through independent study.

In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law.
5 CCR Section 56325

In addition, proposed actions by the LEA to change or refuse content of the most recent IEP is called Prior Written Notice, an IEP procedural safeguard under CFR 300.503.

Placement must always be done through the IEP.

Students enrolled in I.S. must have current immunizations to participate on campus per CDE website.

• Parents or guardians of pupils in any school or child-care facility, whether public or private, will no longer be allowed to submit a personal beliefs exemption to a currently-required vaccine. COVID-19 is not included in the required list of vaccinations.
• Pupils will no longer be required to have immunizations for entry if they attend:
• A home-based private school or
• An independent study program with no classroom-based instruction.
• For example, times on campus in the scenarios below to be classroom-based instruction and, thereby, would require pupil immunization:
• A pupil is 99 percent virtual, but returns to campus to submit projects, and
• A pupil completes academic instruction away from campus, but wants to participate in extracurricular activities on campus.

For additional immunization information, refer to the California Department of Public Health, Shots for School website

Charter schools that offer nonclassroom-based instruction must enroll all pupils who meet the enrollment requirements set in their approved charter school petition.

EC Section 47605(e)(2)(A)

The certificated employee having responsibility for the student’s special education programming must also sign the independent study agreement.

No course included among the courses required for high school graduation under EC Section 51225.3 shall be offered exclusively through independent study.
EC Section 51745(e)

If a course required for high school graduation is offered through independent study summer school, it does not have to be offered in the classroom setting during summer school if the course is offered in the classroom setting during the regular school year.

EC Section 51745.6(d)

The applicable average-daily-attendance-to-

certificated employee ratios described in subdivision (a) may, in a charter school, be calculated by using a fixed average-daily-

attendance-to-certificated-employee ratio of 25 to 1, or by using a ratio of less than 25 pupils per certificated employee. A new higher or lower ratio for all other educational programs offered by a charter school may be negotiated in a collective bargaining agreement…….*

EC Section 51747.3(a), (b)(1), (2)(c)(d)(e)(f)

EC Section 51747.5 (a) (b) (c)

Charter School Funding and Best Practices Manual 2022-2023

*For detailed information, see the instructions for Independent Study Ratio Calculations at Independent Study Ratio Calculations

A virtual or online charter school may also claim ADA for a pupil who is enrolled and moves to a residence located outside the geographical boundaries of the virtual or charter school for the duration of the courses or until the end of the school year.

EC Section 51745.6(a) (1) (b) (c)

The ratio of average daily attendance for independent study pupils 18 years of age or less to school district full-time equivalent certificated employees responsible for independent study, calculated as specified by the department, shall not exceed the equivalent ratio of average daily attendance to full-time equivalent certificated employees providing instruction in other educational programs operated by the school district, unless a new higher or lower average daily attendance ratio for all other educational programs offered is negotiated in a collective bargaining agreement or a memorandum of understanding is entered into that indicates an existing collective bargaining agreement contains an alternative average daily attendance ratio.*

Part-time teachers are added together to make 1 FTE.

Any teacher not an employee of the District or Charter School (for example, online vendor teachers) is not included in the teacher-to-ADA ratio.

If the District or County Office of Education (COE) school exceeds the ADA ratio as referenced in EC Section 51745.6 the District/COE will not receive the additional apportionment generated above that ratio. LEA’s may negotiate or enter into an MOU for higher or lower ADA ratio.

Cautionary note: Be aware that the calculation for the two ratios might be more complicated than years prior to COVID-19 related legislation if you have multiple schools implementing short-term IS. Are you including their ADA AND their staff involved in IS in your calculations?

For additional information for Independent Study Ratio Calculations see Independent Study Ratio Calculations

EC Section 51745.6 (a) (2) (b) (c)

The ratio of average daily attendance for independent study pupils 18 years of age or less to county office of education full-time equivalent certificated employees responsible for independent study, to be calculated in a manner prescribed by the department, shall not exceed the equivalent prior year ratio of average daily attendance to full-time equivalent certificated employees for all other educational programs operated by the high school or unified school district with the largest average daily attendance of pupils in that county or the collectively bargained alternative ratio used by that high school or unified school district in the prior year, unless a new higher or lower average daily attendance ratio for all other educational programs offered is negotiated in a collective bargaining agreement or a memorandum of understanding is entered into that indicates an existing collective bargaining agreement contains an alternative average daily attendance ratio. The computation of the ratios shall be performed annually by the reporting agency at the time of, and in connection with, the second principal apportionment report to the Superintendent.*

EC Section 51745.6 (b) Public Schools, Charter and COE

Only those units of average daily attendance for independent study that reflect a pupil-teacher ratio that does not exceed the ratios described in subdivision (a) shall be eligible for apportionment pursuant to EC Section 2575, for county offices of education, and EC Section 42238.05 for school districts. Nothing in this section shall prohibit a school district or county office of education from serving additional units of average daily attendance greater than the ratios described in subdivision (a), except that those additional units shall not be funded pursuant to EC Section 2575 or EC Section 42238.05, as applicable. If a school district, charter school, or county office of education has a memorandum of understanding to provide instruction in coordination with the school district, charter school, or county office of education at which a pupil is enrolled, the ratios that shall apply for purposes of this paragraph are the ratios for the local educational agency providing the independent study program to the pupil pursuant to EC Section 51749.5.

Also consider EC Section 51745.6 (c) (1) (2) for full explanation

If the District/COE school exceeds the ADA ratio as referenced in EC Section 51745.6 the District/COE will not receive the additional apportionment generated above that ratio. LEA’s may negotiate or enter into an MOU for higher or lower ADA ratio.

*For detailed information, see the Instructions for Ratio Calculations Web page at Independent Study Ratio Calculations

LEAs can exceed ADA units but will not be funded.

If the LEA has a memorandum of understanding to provide instruction in coordination with the district that the pupil is enrolled in then the ratios will apply for the LEA providing the IS program.

For non charter schools, this is a local decision that should be established in administrative regulations or policies. There are a number of attendance and accountability considerations.

For charter schools, public funds will not be available for any pupil who also attends a private school that charges the pupil’s family for tuition. EC Section 47602(b)

For attendance and accountability purposes, if the pupil is enrolled for at least the minimum day at the public school, the pupil is a pupil of the district and school. As such, the public school will be accountable for all attendance records, pupil testing, and grades. If the school and district agree to accept credits from a private school, there should be a mechanism for verifying that the instruction will help to prepare the pupil to attain proficiency in grade level courses. There is no additional ADA generated by taking a course at a private school.

If the pupil is enrolled or at least the minimum day at the private school, then that pupil should be considered a private school pupil, and no public monies would be generated on the basis of ADA to support the education of that pupil.

LEAs shall ensure pupils have access to connectivity and LEA owned devices adequate to participate in their educational program.
EC Section 51747.3(b)

The State Department of Education shall not apportion funds to a local educational agency for a pupil in the independent study program if that agency has provided any funds or other things of value to the pupil or his or her parent or guardian that the agency does not provide to pupils who attend regular classes or to their parents or guardians.
EC Section 51747.3 (a)

A pupil enrolled in a school shall not be required to pay any fee, deposit, or other charge not specifically authorized by law.
5 CCR 350; EC 49010-49013; GC 905

(a) “Educational activity” means an activity offered by a school, school district, charter school, or county office of education that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities.

(b) “Pupil fee” means a fee, deposit, or other charge imposed on pupils, or a pupil’s parents or guardians, in violation of Section 49011 and Section 5 of Article IX of the California Constitution, which require educational activities to be provided free of charge to all pupils without regard to their families’ ability or willingness to pay fees or request special waivers, as provided for in Hartzell v. Connell (1984) 35 Cal.3d 899. A pupil fee includes, but is not limited to, all of the following:

(1) A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.

(2) A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, uniform, or other materials or equipment.

(3) A purchase that a pupil is required to make to obtain materials, supplies, equipment, or uniforms associated with an educational activity.

CDE Fiscal Management Advisory Web page pupil fees, deposits and other charges:

Fiscal Management Advisory, September 2022

TK-12 Independent Study

No school district may receive school district apportionments pursuant to Section 42238 for independent study by pupils 21 years of age or older or by pupils 19 years of age or older who have not been continuously enrolled in kindergarten or any of grades 1 to 12, inclusive, since their 18th birthday.
EC Section 46300.1

This restriction takes place between a student’s 18th and 19th birthday. Continuously enrolled means not one day of break in school enrollment. Work with districts/agencies closely when transferring a student. Communication is essential.

Special Education students with an active IEP may be enrolled up to age 22.

Students must be progressing toward graduation.

These pupils are enrolled in one or more Board approved courses leading to a high school diploma.

EC 84901

The following definitions shall apply, unless otherwise specified:

1. Adult means a person 18 years of age or older.
2. Consortium means an adult education consortium approved pursuant to this article.
3. Executive director means the executive director of the State Board of Education.
4. Program means the Adult Education Program established by Section 84900.

Under the Ed Code 84901 services provided under the Adult Education Program funding can only be for students 18 and over. Adult Schools may enroll students younger than 18 if they meet all compulsory education laws and educational services are funded through other allowable funding sources.

There is a 10 percent cap on claiming independent study ADA in continuation high schools and opportunity schools and programs, pursuant to EC Section 51745(b).

A pupil who is pregnant or is a parent who is the primary caregiver for one or more of his or her children shall not be counted within the 10 percent cap.
EC Section 51745(b)

If the LEA has two or more continuation schools, each has its own ADA cap.

Opportunity schools have their own ADA cap.

The 10 percent limit is based on the Second Principal Apportionment average daily attendance (ADA) reporting. See the CDE’s Instructions for Ratio Calculations web page.

Independent study may not be utilized as a means of providing any part of the minimum instructional day provided pursuant to subdivision (a). EC Section 48663(d)

A temporarily disabled pupil shall not receive individual instruction pursuant to EC Section 48206.3 [home and hospital instruction] through independent study. EC Section 51745(d)

“Temporary disability” means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to EC Section 56026.
EC Section 48206.3(2)

Home hospital: https://www.cde.ca.gov/sp/eo/hh/

State law allows the use of independent study to serve a pupil who is traveling.”
EC Section 51745(a)(3)

Traveling out of state does not pose any special barriers. Pupils may return completed work via an agreed-upon electronic method as indicated in the written agreement. Pupils may submit assignments upon their return, as-long-as the due date requirements established in the written agreement, and consistent with board policy, are met.

Pupils in independent study must maintain satisfactory educational progress as defined in EC sections 51747(b)(2) and 51749.5(a)(8).

A LEA may determine that independent study is not an appropriate educational option if a pupil is far behind in credits. However, a LEA may allow a pupil who is significantly behind in credits to participate in independent study if it is determined that the pupil has the ability to be successful.

EC sections 51747(b)(2) and 51749.5(a)(8)

See Admission 2. J. on CDE Independent Study Frequently Asked Questions website.

Pupils not meeting the conditions of their independent study agreement (e.g. not making satisfactory educational progress, failing to turn in assignments, non participatory in synchronous instruction or live interaction activities) may be required to return to the regular classroom per EC sections 51747(b), 51747(d), 51747(g), 51749.5(a)(8), 51749.6(a)(3), and 51749.6(a)(9).

Statute now requires LEAs to include a transition plan for pupils whose families wish to return to in-person instruction in independent study board policies. The transition plan must allow for the return to in-person instruction expeditiously and in no case later than five instructional days. EC sections 51747(f)

The independent study option is to be substantially equivalent in quality and quantity to classroom instruction, thereby ensuring that a pupil or adult education student who engages in independent study on a full-time basis, or on a part-time basis in conjunction with part- or full-time classroom study, will be enabled to complete the district or county office of education adopted course of study within the customary time frame for completion of that course of study.
5 CCR Section 11701.5(a)

EC Section 51225.1 (a)
Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in EC Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, or a former juvenile court school pupil, as defined in EC Section 51225.2, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.

Students should be offered the option of 360 minutes worth of instruction per day. ADA can be taken on a minimum day of 240 minutes per day.

Independent study is not an alternate curriculum; students must meet the same required number of instructional minutes as their peers in any school. To claim apportionment, schools must offer at least a “minimum day,” which in independent study is based on the teacher’s determination of the time value of that work.

• Kindergarten: 180 minutes (EC Section 46117)
• Grades one through three: 230 minutes (EC Section 46112)
• Grades four through eight: 240 minutes (EC Section 46113)
• High school: 240 minutes (EC Section 46141)
• Opportunity education: 180 minutes (EC Section 46180)
• Continuation of high school: a day of attendance is 180 minutes of attendance but no pupil shall be credited with more than 15 hours of attendance per school week, proportionately reduced for those school weeks having weekday holidays on which classes are not held (EC Section 46170)

Note: Charter schools do not have a minimum day requirement. (A charter school shall not comply with all provisions set forth in its

charter, but is otherwise exempt from the laws governing school districts, except….
EC Section 47610

These minutes are for apportionment purposes. Students need credits for course completion/graduation and should receive the equivalent of what they would receive in a classroom setting.

Adult Education students need to have a minimum of 12 hours total attendance to be counted for CAEP and WIOA Title II performance outcomes.

Charter schools must meet annual instructional minutes requirements. For each fiscal year, offer, at a minimum, the following number of minutes of instruction … EC Section 47612.5(a)(1)

A school district, county office of education, or charter school that offers independent study, pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28, shall meet the requirements of this section for any pupil on any schoolday that the pupil is scheduled for educational activities, as defined in Section 49010, lasting two or more hours, at a schoolsite, resource center, meeting space, or other satellite facility. Pupils who are present during established mealtimes shall have a nutritionally adequate breakfast and nutritionally adequate lunch made available.
EC Section 49501.5(f)

These requirements must be met for any student on any schoolday that the student is scheduled for educational activities lasting two or more hours at a schoolsite, resource center, meeting space, or other satellite facility.

Requires independent study students who are present during established mealtimes to have meals made available to them.

Requires a chartering authority, upon request of a charter school and to the extent feasible within existing resources, to provide technical assistance to the charter school in implementing universal meals.