Section C: Independent Study Written Agreement and Supervising Teacher

The following elements must be in each independent study agreement in alignment with the Local Educational Agency’s (LEA’s) board policies and according to statute:

EC sections 51747(g) and 51749.6

A current written agreement shall be maintained on file for each I.S. pupil. The agreement must include, but is not limited to, all elements outlined in EC Section 51747(g)(1-9)

(B) A signed written agreement may be maintained on file electronically. See #C.16

If any of the legally required elements below are not found on the agreement but are on other subsidiary/supplemental documents, it must be noted on the Independent Study agreement where those legally required elements can be found. There is no State approved template for this/these form(s). Some examples could be assignment sheets, syllabus, course agreement, pacing guides, etc. If used, they must be referenced in the I.S. Agreement and are a legally required part of the audit trail.

Using white-out on an independent study agreement may be an audit flag.

A District, Charter School, or County Office of Education (COE) may require other elements on the Written Agreement.

General pupil data including the name, address, grade level, school of enrollment, and program placement. EC sections 51747.3(c), 51748, and 46300.1

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

Address

The Superintendent 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 48204(a)(7); EC Section 51747.3(d)

Birth date

Commencing July 1, 1993, no school district may receive school district apportionments pursuant to EC 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

Grade level

Program placement: “Type of program” means statutory program category for purposes of attendance accounting (5 CCR 11700(k)).

School of enrollment: It is suggested the name of the LEA, Charter School, or County Office be on the agreement.

Address: The student address must be included to verify residence.

Birth date: For easy reference, it is suggested that the student’s actual age be on the agreement.

Contact Information: It is suggested to include parents’/students’ home and work and cell phone numbers.

Other types of contact information may include:

• Email address
• Text services (protect your personal phone number)

The beginning and end dates of the agreement. An independent study agreement shall not be valid for more than one school year.
EC Section 51747(g)(5)

The duration must agree with the LEA board approved calendar; i.e., start date, quarter, trimester, semester, summer school, etc.

If a student is enrolled in I.S. for short periods of time, (more than 3 days), state the number of days or weeks for which the agreement is valid.

The statement(s) on the IS agreement must match the amount of time and number of missed assignments stated on the Board Policy.

Independent study law is silent about extending the maximum length of an assignment. We suggest that you take this issue to the administration who may consult with legal experts to develop policies that make it clear.

It is a local decision if the LEA wants to consider extending due dates.

The manner, time, frequency and place for the submission of assignments, for reporting academic progress, and for communicating with the pupil’s parent or guardian.
EC Section 51747(g)(1)

Reporting/returning assignments to teacher(s). EC Section 51747(g)(1)

• Time(s) for meetings/reporting
• Frequency of meetings (can be a combination of online, face-to-face, or lab)
• Location (may be a combination of labs, classrooms, face-to-face, and/or online)

Manner

It is important that the teacher knows it is the student who is actually completing the work and is attaining the objectives identified in the I.S. Agreement.

Student-teacher interaction is based on Board Policy and student need; students may need to interact with their teachers more frequently in order to make academic progress. Independent study law is silent on the requirement of face to face meetings. This should match Administrative Regs or Board Policy.

See the University of California Policy Resource Guide for information pertaining to the UC’s online learning guides.

Students may meet in small groups, one-on-one, or labs. They may mail, email, phone, etc. in assignments. Some schools list “weekly appointment” or “assignments due by a specific day.” For example; weekly, by (time) on (day), monthly, etc. Students may be required to participate in on-site classroom activities, which are separate from their I.S. student/teacher meetings, such as science lab, remedial direct instruction, etc. These activities may generate I.S. ADA.

In most instances, it is the work product generated by these assignments that counts toward attendance, not the seat time. See EC 51747.5(b)(2)(A-C) for calculation to count synchronous instruction.

It is okay for the teacher to revise the assignment or modify the assignment for the following week or reassignment.

Per https://hs-articulation.ucop.edu/guide/register-your-institution/schools/

Students are expected to spend at least one hour per week per A-G course engaged in interactive instruction and/or academic tutoring/advising.

At least 20 percent of class time will include teacher-supervised, hands-on laboratory activities that are directly related to, and support, the other class work, and that involve inquiry, observation, analysis, and write-up of investigations consistent with the practices of the scientific field.

Teacher supervision may be synchronous or asynchronous, depending on whether the learning environment is classroom-based, fully online, or a hybrid. https://hs-articulation.ucop.edu/guide/a-g-subject-requirements/d-science/

”Online courses must provide opportunities for substantial interactions between students and the teacher, and between students and other students.”

“Institutions must provide qualified teachers who are content experts and are capable of supporting their students’ learning throughout the online course. These teachers must receive adequate professional development to effectively support students in their online learning, and be assigned a number of students that allows for the interaction necessary to achieve positive learning outcomes.” https://hs-articulation.ucop.edu/guide/update-your-a-g-list/online-courses/

The learning objectives and methods of study for the course(s) and assignments attempted under the agreement. EC sections 51747(g)(2) and; CCR sections 11700(e)(f) and 5 CCR 11702(b)

The methods of evaluation that will be used to determine if the pupil met the learning objective(s). EC Section 51747(g)(2)

These documents should be referenced in writing as part of the I.S. Agreement because they contain legally required elements.

EC or 5 CCR, do not require specific forms, but if you utilize any created forms, it is suggested that such forms be adopted and utilized as a means of providing a clear audit trail as well as the required objectives, methods of study, methods of evaluation, and resources.

Use action verbs; e.g., the student will read, define etc.

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.
EC Section 51747(g)(6); 5 CCR Section 11703(b)(2)

• Some schools include language on the I.S. Agreement stating that certificated teachers may add/drop courses based on student progress and need.

• A statement describing this practice could be included in the LEA’s adopted Board Policy/Administrative Rules and Regulations.

• Have a paper trail for dropping a class
• Consider how to inform the parent/guardian and student

Course titles and value e.g.:

• High school: units/credits * (one year)
• Subjects must be specific: e.g., English 9A not English; Algebra 1 not math. * (one year)
• Elementary: e.g., complete the * one year of grade level language arts, math, etc., or “accomplish the grade-level content standards.” Evidence of documentation might be culminating grades/report cards.

*If using the one year I.S. Agreement.

Partial Credits

Each public school district and county office of education SHALL accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework SHALL be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of his or her school district of residence while being detained, the school district of residence SHALL issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma. EC Section 48645.5, EC Section 49069.5 Efficient transfer of credit (Foster/Juvenile court) (a) (1) -(3)

The required course credits are an LEA prerogative (EC Section 51224) that is guided by EC Section 51225.3(a). If a student transfers to or from independent study, it might be easiest to apply completed partial credit as elective credit.

The specific resources, including instructional materials and personnel, and the confirmation or provision of access to the connectivity and devices adequate to participate and complete assigned work.
EC sections 51746 and 51747(g)(3); 5 CCR sections 11700(i) and 11701.5

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 EC 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 the 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)

State where the specific resources are found; e.g., subsidiary agreement, assignment/work record, or course syllabus, etc.

Resources must include those necessary to achieve the objectives and must include those available to all students enrolled in the school.

Include instructional materials, services, and personnel that will be provided to the student to meet the subject/course objectives.

Some schools choose to use this as a statement on the I.S. Agreement-see “Equitable Provisions of Resources and Services” on the sample I.S. Agreement in Section V.

The maximum length of time between the date of the assignment and when it is due, the level of satisfactory educational progress, and the number of missed assignments to determine if the pupil should remain in independent study.
EC Sections 51747(a) and EC 51747(g)(4)

Independent study law is silent about extending the maximum length of an assignment. We suggest that you take this issue to the administration who may consult with legal experts to develop policies that make it clear.

A written record of the findings of any evaluation made pursuant to this subdivision shall be treated as a mandatory interim pupil record.

The inclusion of 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 an expulsion under Education Code sections 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.
EC Section 51747(g)(8)

A pupil’s or an adult education student’s choice to commence, or to continue in, independent study must not be coerced.
5 CCR Section 11700(d)(2)(A)

Independent study is voluntary for students.

Students have the continuous option of classroom instruction.

Note: if using an inter-district transfer or referral to serve a student pending expulsion, the two schools/districts must agree on the location of the classroom option.

Statement that instruction may be provided for an EC Section 48915 (expulsion) or EC Section 48917 (suspended expulsion) pupil through independent study only if the pupil has the continuous choice of classroom instruction.
EC Section 51747(g)(8); 5 CCR Section 11700(d)(2)(B)

For a pupil participating in an independent study program that is scheduled for more than 15 school days, each written agreement shall be signed, before the commencement of independent study.
EC Section 51747(g)(9)(A)

Signatures don’t have to be on the same day, but all signatures must be dated PRIOR to the commencement of independent study.

Beginning in the 2024-25 school year, for a pupil participating in an independent study program that is scheduled for less than 16 school days, each written agreement shall be signed during the school year in which the independent study program takes place.
EC Section 51747(g)(9)(A)

The record shall be maintained for a period of three years from the date of the evaluation and, if the pupil transfers to another California public school, the record shall be forwarded to that school.
EC Section 51747(b)(1)

EC Section 46015 (1) A pregnant or parenting pupil is entitled to eight weeks of parental leave, which the pupil may take before the birth of the pupil’s infant if there is a medical necessity and after childbirth during the school year in which the birth takes place…

The number of missed assignments policy would not apply to these students.

Notwithstanding any other provision of law, no school district or county office of education shall receive apportionments for any pupil in independent study unless that entity receives written permission from the parent or guardian of the pupil prior to the commencement of independent study for long term independent study by that pupil. The written permission shall specify the actual dates of participation, the methods of study and evaluation, and the resources to be made available for the independent study program for the pupil.
EC Section 46300.7

Each long term (more than 15 days) written agreement shall be signed, prior to the commencement of independent study, by the:

• pupil, 
• the pupil’s parent, legal guardian, or caregiver, if the pupil is less than 18 years of age, 
• the certificated employee who has been designated as having responsibility for the general supervision of independent study, 
• the certificated employee who has been designated as having responsibility for the special education programming of the pupil, and
• For purposes of this paragraph “caregiver” means a person who has met the requirements of Part 1.5 (commencing with Section 6550) of the Family Code.
  EC Section 51747(g)(9)(A)

This signature is not necessary if the student is an adult (18 years old) or Emancipated Minor (best practices would be to document if married, active military or court directed, etc.).

California Family Code Section [7000. – 7143.]-Emancipation of Minors Law:

• Family Code Section 7002.  –
  A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied:
  1. The person has entered into a valid marriage, whether or not the marriage has been dissolved.    
  2. The person is on active duty with the armed forces of the United States.    
  3. The person has received a declaration of emancipation pursuant to Section 7122.

Pregnancy/giving birth does not emancipate a minor in any state.

Notwithstanding any other provision of law, no school district or county office of education shall receive apportionments for short term independent study (less than 16 days) for any pupil unless that entity receives written permission from the parent or guardian of the pupil. The written agreement shall be signed during the school year in which the independent study program takes place. The written permission shall specify the actual dates of participation, the methods of study and evaluation, and the resources to be made available for the independent study program for the pupil.
EC Section 46300.7; EC Section 51747(g)(9)(A)

Each short term (less than 16 days) written agreement shall be signed during the school year in which the independent study program takes place by the:

• pupil, 
• the pupil’s parent, legal guardian, or caregiver, if the pupil is less than 18 years of age, 
• the certificated employee who has been designated as having responsibility for the general supervision of independent study, 
• the certificated employee who has been designated as having responsibility for the special education programming of the pupil, and  

For purposes of this paragraph “caregiver” means a person who has met the requirements of Part 1.5 (commencing with Section 6550) of the Family Code.
EC Section 51747(g)(9)(A)

California Family Code Section [7000. – 7143.]-Emancipation of Minors Law:

• Family Code Section 7002.  –
  A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied:
  1. The person has entered into a valid marriage, whether or not the marriage has been dissolved.    
  2. The person is on active duty with the armed forces of the United States.    
  3. The person has received a declaration of emancipation pursuant to Section 7122.

Pregnancy/giving birth does not emancipate a minor in any state.

Supervising teacher who meets the definition in code.
Education Code section 51747.5(a); 5 CCR 11700(j)  

The written agreement may be signed at any time during the school year, but it is the intent of the Legislature that parents or guardians of pupils be provided the agreement at or before the beginning of the school year.

• Students are expected to spend at least one hour per week per A-G course engaged in interactive instruction and/or academic tutoring/advising.
• Students are expected to have regular access (i.e., at least weekly) to a teacher who is a subject expert teacher* in that subject area.
• Students taking an approved A-G course should receive prompt responses to inquiries.
• Students should be assessed to ensure mastery of the content standards. Acceptable assessments include, but are not limited to, tests, essays, projects, research papers, presentations and exams. All courses must require a final exam or a significant final project.
• Major assessments (i.e., unit tests, final exams) shall be proctored by a qualified professional (e.g., a school teacher, administrator, or counselor).
• Student work shall be evaluated by an impartial professional who has been actively involved in the student’s learning process”

*A subject expert teacher is defined as an instructor who has taught in a particular subject area for at least three years at the high school or postsecondary level OR has a teaching credential and a bachelor’s or advanced degree in the subject area OR has been certified as a Highly Qualified Teacher under the federal No Child Left Behind Act.” (University of California A-G has not updated their website to remove NCLB or Highly Qualified at this time).

https://hs-articulation.ucop.edu/guide/register-your-institution/schools/

EC sections 51747.5(a) and 51749.5(a)(3) recognize EC sections 44865 and 44300, which provide that independent study teachers shall be employees of the LEA.

The independent study by each pupil shall be coordinated, evaluated, and, notwithstanding subdivision (a) of Education Code Section 46300, shall be under the general supervision of an employee of the school district or county office of education who possesses a valid certification document pursuant to Section 44865 or an emergency credential pursuant to Section 44300, registered as required by law.

1. continuing oversight of the study design, implementation plan, allocation of resources, and evaluation of pupil or adult education student’s independent study; and
2. personal determination or personal review of the determination made by another certificated teacher of the time values for apportionment purposes of each pupil’s or adult education student’s work products. 5 CCR Section 11700(b)

EC Section 51747.5(b): School districts and county offices of education may claim apportionment credit for independent study only to the extent of the time value of pupil work products, as personally judged in each instance by a certificated teacher.

EC 44865
What is a valid teaching credential in California?

1. A valid teaching credential issued by the State Board or the Commission on Teacher Credentialing, based on a bachelor’s degree, student teaching, and special fitness to perform, shall be deemed qualifying for assignment as a teacher in the following assignments, provided that the assignment of a teacher to a position for which qualifications are prescribed by this section shall be made only with the consent of the teacher:
   1. Home teacher.
   2. Classes organized primarily for adults.
   3. Hospital classes.
   4. Necessary small high schools.
   5. Continuation schools.
   6. Alternative schools.
   7. Opportunity schools.
   8. Juvenile court schools.
   9. County community schools.
   10. District community day schools.
   11. Independent study.

ESSA defines an “ineffective teacher” as:

• “A teacher who is: (a) misassigned (placed in a position for which the employee does not hold a legally recognized certificate or credential or a certificated employee placed in a teaching or services position in which the employee is not otherwise authorized by statute to serve), or (b) teaching without a credential.”

ESSA (page 89; Posted March 2022) defines an “ineffective teacher” as any of the following:

• An individual whose assignment is legally authorized by an emergency permit that does not require possession of a full teaching license; or
• A teacher who holds a teaching credential but does not possess a permit or authorization that temporarily allows them to teach outside of their credentialed area (misassigned); or
• An individual who holds no credential, permit, or authorization to teach in California.

Under this definition, teachers with the following limited emergency permits would be considered ineffective:

• Provisional Internship Permits,
• Short-Term Staff Permits
• Variable Term Waivers
• Substitute permits or Teaching Permits for Statutory Leave (TPSL) holders serving as the teacher of record

The written agreements may be signed using an electronic signature that complies with State and federal standards. An electronic signature is a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature.
EC Section 51749.6(b)(6), Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations

“The written agreement is the pupil’s individual learning plan for independent study instruction. Any required elements not in the written agreement, including the dates of the independent study instruction, shall be in one or more documents that are referenced in the written agreement as supplemental agreements and become part of the agreement. These supplemental documents help the pupil and parent understand the course of study, and commonly include assignment and work records. Supplemental agreements may also include course outlines and curriculum guides, as well as a more detailed description of the learning objectives, resources, methods of study, and evaluation methods.

Supplemental agreements should include the signatures of the supervising teacher, the pupil, and the pupil’s parent or guardian (if the pupil is under eighteen years of age), as well as the certificated employee designated as having responsibility for the special education programming of the pupil, as applicable. It is recommended, but not required, to include the signature of any additional person or persons directly involved with any change being made to the information in the original agreement.”