Section A: Board Policy Adoption and Required Contents

Local educational agencies (LEAs) are encouraged to offer a range of quality educational options, including classroom-based, hybrid, and nonclassroom-based programs, to better tailor instruction to pupils, thereby improving academic outcomes while maximizing enrollment. The Legislature encourages LEAs to offer short- and long-term I.S. placements.

EC Section 51744

• As a program or class within a comprehensive school.
• Through an alternative school or program of choice. EC Section 58500.
• Through Charter Schools.
• Short term independent study (less than 15 total schooldays in a school year).
• Through board-approved online courses. EC sections 51749.5–51759.6.
• As an accommodation for pupil travel.
• As specialized and/or advanced courses.
• As a credit recovery method.

Independent Study Modalities

California statute provides for two different independent study program options that LEAs may choose to administer. Most LEAs offer the traditional independent study option, authorized pursuant to EC sections 51744–51749.3. In 2015–16, a new independent study program known as course-based independent study (CBIS) was codified in EC sections 51749.5–51749.6. This link provides descriptive information to enhance the understanding and awareness of these different independent study instructional modalities.

CCIS does not endorse CBIS.

Key Differences in Independent Study Modalities (CDE)

Commencing with the 1990-91 school year, the governing board of a school district or a county office of education may offer independent study to meet the educational needs of pupils in accordance with the requirements of this article. Educational opportunities offered through independent study may include, but shall not be limited to, the following – See EC Section 51745(a)

The local educational agency (LEA) must have adopted board policy before it may offer independent study.

The option of offering independent study is voluntary for the LEA. 5 CCR Section 11700(d).

NOTE: The legal definition of “pupil” refers to K-12 and “student” refers to adults. For this overview, the terms student and pupil are synonymous.

A school district or county office of education shall not be eligible to receive apportionments for independent study by pupils, regardless of age, unless it has adopted written policies, and has implemented those policies, pursuant to rules and regulations adopted by the Superintendent of Public Instruction, that include, but are not limited to – See EC Section 51747

Is the Governing Board Policy in place, implemented, available for review, and updated on a regular basis?

If you have adopted written policies such as Administrative Rules and Regulations, are they reviewed and updated on an annual basis?

A school district or county office of education shall not be eligible to collect apportionment without an adopted Board Policy.

In setting policy pursuant to subdivisions (a) and (b) of Education Code section 51747, the local governing board shall consider, in a public hearing, the scope of its existing or prospective use of independent study as an instructional strategy, its purposes in authorizing independent study, and factors bearing specifically on the maximum realistic lengths of assignments and acceptable number of missed assignments for specific populations of pupils or adult education students.

5 CCR Section 11701

Was there a public hearing for the adoption of the Board Policy?

Adopted policies shall reflect an awareness that excessive leniency in their terms can result in pupils falling so far behind their age peers as to increase, rather than decrease, the risk of their dropping out of school.

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 …

EC Section 47612.5(b)

Charter schools that provide independent study must meet this requirement.

The maximum length of time, by grade level and type of program, that may elapse between the time an independent study assignment is made and the date by which the pupil must complete the assigned work.

EC Section 51747

Statements will vary by local educational agency.

It is suggested that the term “assignment” be defined by the LEA.

Independent study law is silent on extensions of due dates. We suggest you take this issue to administration who may consult with legal to develop policies that make it clear.

The level of satisfactory educational progress and the number of missed assignments that will be allowed before an evaluation is conducted to determine whether to allow a student to remain in an independent study program. Satisfactory educational progress must be determined based on pupil achievement and engagement, completion of assignments, learning required concepts, and progressing toward completion of the course of study or specific course.

EC Section 51747(b)

Specify and define the exact number of missed assignments.

Make sure that a written record of any evaluation is maintained per law.

Students in K-12 independent study are not subject to truancy laws. Instead, EC Section 51747(b) calls for an evaluation to determine whether or not the student should remain in independent study.

The provision of content aligned to grade level standards that is provided at a level of quality and intellectual challenge substantially equivalent to in-person instruction. For high schools, this includes access to all courses 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)

For pupils not generating attendance for more than 10 percent of required minimum instructional time over four continuous weeks, pupils found nonparticipatory in synchronous instruction as provided in EC Section 51747.5 for more than 50 percent of the scheduled times in a school month, or otherwise in violation of the written agreement.

EC Section 51747(d)

Procedures for tiered re-engagement shall include, but are not limited to:

1. Verification of current contact information for each enrolled pupil
2. Notification to parents or guardians of lack of participation within one school day of the absence or lack of participation
3. A plan for outreach from the school to determine pupil needs, including connection with health and social services as necessary
4. A clear standard for requiring a pupil-parent-educator conference to review a pupil’s written agreement, and reconsider the independent study program’s impact on the pupil’s achievement and well-being, consistent with the policies adopted

A plan for live interaction and synchronous instruction specified by grade level as follows:

1. For pupils in transitional kindergarten and grades 1-3, inclusive, a plan to provide opportunities for daily synchronous instruction for all pupils throughout the school year.
2. For pupils in grades 4 to 8, inclusive, a plan to provide opportunities for both daily live interaction and at least weekly synchronous instruction for all pupils throughout the school year.
3. For pupils in grades 9 to 12, inclusive, a plan to provide opportunities for at least weekly synchronous instruction for all pupils throughout the school year.

EC sections 51747(e) and 51749.5(a)(4)(C)

“Live interaction” means interaction between the pupil and classified or certificated staff, and may include peers, provided for the purpose of maintaining School connectedness, including, but not limited to, Wellness checks, progress monitoring, provision of services, and instruction. This interaction may take place in person, or in the form of internet or telephonic communication. (Education Code section 51745.5 (a))

“Synchronous instruction” means classroom – style instruction or designated small group or one-on-one instruction delivered in person, or in the form of internet or telephonic communications, and involving live two-way communication between the teacher and pupil. Synchronous instruction shall be provided by the teacher or teachers of record for the pupil pursuant to Section 51747.5. (Education Code section 51745.5 (d)) or the certificated employee of the local educational agency providing instruction for course-based independent study.

Definition Expanded to Include: “Documentation that the pupil participated in an instructional period either visually or verbally,” to the list of possible evidence. This clarifies that students engaged with a teacher over the phone, or a non-video zoom setting (for example), still meet the requirements under the law.

A plan to transition pupils when families wish to return to in-person instruction from independent study expeditiously within five instructional days.

EC section 51747(f)

LEAs may not refuse I.S. pupils the right to return to a classroom setting. By law, independent study must be continuously voluntary, and this is a condition of apportionment. The district could lose state funding by refusing a pupil reentry to a classroom-based option. In addition, the 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) and 51749.5(a)(9); 5 CCR Section 11700(d)(2)(A)LEAs shall follow their local board policies and local or state health guidance in the case of pupils that are subject to quarantine for exposure to, or infection with, Coronavirus (COVID-19) and for school closures due to Coronavirus (COVID-19).

A requirement that a current written agreement for each Independent study pupil shall be maintained on file.

EC section 51747(g)

If any required element is not present in the I.S. Agreement (or any subsidiary document referenced in the agreement), no ADA may be reported.

If the LEA’s county-district-school (CDS) code identifies transitional kindergarten as part of the school grade level structure, then transitional kindergarten pupils may be allowed to participate in independent study consistent with the board policy.

If you serve TK students, make sure you update your Board Policy to reflect the addition.