2021–22 AA & IT Independent Study FAQs

The distance learning statutes established in Senate Bill (SB) 98 (Chapter 24, Statutes of 2020) and SB 820 (Chapter 110, Statutes of 2020) became inoperative on June 30, 2021. All of the instructional time and attendance accounting requirements in place prior to fiscal year (FY) 2020–21 are back in effect for FY 2021–22. As in years prior to FY 2020–21, local educational agencies (LEAs) must meet the requirements of independent study in order to generate average daily attendance (ADA) for students not scheduled for physical in-person instruction.

Assembly Bill (AB) 130 (Chapter 44, Statutes of 2021) was passed and approved by the Governor on July 9, 2021. AB 167 (Chapter 252, Statutes of 2021), a clean-up bill to AB 130, was approved by the Governor on September 23, 2021. Although AB 130 and AB 167 did not change the method used to generate a day of attendance for apportionment purposes in independent study, AB 130 and AB 167 made changes to independent study program requirements that are conditions of apportionment effective for the 2021–22 fiscal year. The following FAQs are intended to provide LEAs with an overview of changes to independent study apportionment, instructional time and attendance accounting requirements for FY 2021–22 and future years.

Independent Study Offering and Waiver | Instructional Time and Independent Study | Attendance Accounting and Reporting

Additional FAQs regarding independent study programs and requirements are available on the California Department of Education's (CDE) Independent Study web page. Additional guidance on quarantine and independent study are available on the CDE’s Clarification for Student Learning in Quarantine web page. For a summary of changes to independent study, please refer to Independent Study for 2021–22 - Initiatives & Programs (CA Dept of Education).

Independent Study Offering and Waiver

1. Does an LEA have to offer Independent Study in the 2021–22 school year to all students in all grade levels?

   For the 2021–22 school year, all school districts and county offices of education (COEs) are required to offer an independent study option as an alternative to in-person instruction. This requirement does not apply to charter schools.  For school districts unable to offer an independent study program, this requirement may also be met by contracting with a COE or by entering into an interdistrict transfer agreement with another school district pursuant to Education Code (EC) Section 46600. In the instance that a school district or COE cannot meet the offering requirement, that school district or COE may request a waiver. School districts may submit a waiver request to the COE pursuant to EC Section 51745(g). COEs and single district counties may submit a waiver request to the CDE.
   

2. What are the options for a school district or county office of education (COE) if they are unable to offer independent study to all grade levels that they serve in 2021–22? (06-August-2021)

   School districts that are unable to offer independent study to all grade levels that they serve can enter into an interdistrict transfer agreement with another school district in the same or an adjacent county to provide independent study to the students that reside in the district’s boundaries. School districts may also enter into a contract with their COE or an adjacent COE to provide independent study to the students that reside in the district’s boundaries.
   
   A school district may apply for a waiver if it demonstrates both of the following:
   
   

   • Offering independent study would create an unreasonable fiscal burden due to low numbers of pupils participating or other extenuating circumstances, and
   • The school district does not have the option to enter into an interdistrict transfer agreement with another school district or to contract with its COE or an adjacent COE to offer independent study.
     

   
   COEs that are unable to offer independent study to all grade levels that they serve can enter into a contract with a school district or an adjacent COE to provide independent study to the students of the COE seeking the contract.
   
   A COE may apply for a waiver if it demonstrates that the offering of independent study would cause an unreasonable fiscal burden and is unable to enter into a contract with a school district or an adjacent COE to offer independent study.
   

3. May school districts or COEs enter into contracts with a charter school for the charter school to provide independent study to students enrolled in the district or COE to fulfill the independent study offering requirement? (09-August-2021)

   No. Education Code Section 51745(f) specifies that in order to meet the requirement to offer independent study in the 2021–22 school year, school districts or COEs may contract with a COE or enter into an interdistrict attendance agreement with a school district. Because the Education Code specifies the only entities with which they can contract, school districts and COEs may not enter into contracts with charter schools or private companies to provide independent study to students of the district or county in order to meet the district or county’s obligation to provide independent study.

4. Can a school district apply for a waiver for the independent study offering requirement in the 2021–22 school year? (06-August-2021)

   Yes. A school district may apply for a waiver if it demonstrates both of the following:

   • Offering independent study would create an unreasonable fiscal burden due to low numbers of pupils participating or other extenuating circumstances, and
   • The school district does not have the option to enter into an interdistrict transfer agreement with another school district or to contract with its COE or an adjacent COE to offer independent study.

5. Can a COE apply for a waiver for the independent study offering requirement for the 2021–22 school year? (06-August-2021)

   Yes. A COE may apply for a waiver if it demonstrates both of the following:

   • Offering independent study would create an unreasonable fiscal burden on the COE due to the low numbers of pupils participating or other extenuating circumstances.
   • The COE does not have the option to contract with a school district or an adjacent COE to offer independent study.

6. What level of approval is required for a waiver of the independent study offering requirement? (06-August-2021)

   School districts seeking a waiver of the independent study offering requirement must submit a waiver request to their COE. School districts seeking a waiver should contact their COE regarding the submission of a waiver request.
   
   COEs and school districts in single-district counties seeking a waiver must submit a waiver request to the CDE. Waiver requests must be submitted in the form of a letter which includes justification and substantiation for the request.
   

7. If a school district or COE has received a waiver of the requirement to offer independent study pursuant to Education Code (EC) Section 51745(g), is the school district or COE required to provide notice to parents of the option for independent study pursuant to EC sections 51747(h) and 51749.6(b)(8)? (09-August-2021)

   No, an LEA does not have to notify parents if there is no independent study option available. However, if a school district has entered into an interdistrict attendance agreement with another school district in the county or in an adjacent county or contracted with its COE or an adjacent COE, the school district is required to provide notice to parents that they have the option to enroll in independent study in another school district or COE. For parent notification for COE served students, if a COE has entered into a contract with an adjacent COE or school district within the county or an adjacent county, the COE is required to provide notice to parents of the independent study enrollment options.

Instructional Time and Independent Study

1. Are there changes to instructional time requirements for 2021–22? (06-August-2021)

   The annual instructional minute requirements for all LEAs were suspended for the 2020–21 school year only. These annual minute requirements are back in effect for the 2021–22 school year. For 2021–22 and future fiscal years, all students are required to be offered at least the minimum number of annual instructional minutes and days that apply to their grade level and setting.
   
   School districts and COEs continue to be required to schedule all students for at least the minimum day each day as applicable to that student’s grade level and setting. Although charter schools have to meet annual instructional minute and day requirements, charter schools do not have a specific minimum number of instructional minutes that must be met each day.
   
   All students participating in independent study must be offered the required number of annual minutes and days as well. School district and COE students in traditional independent study must have their work product evaluated for time value by a certificated teacher and must have the equivalent of at least a minimum days’ worth of work product for each day that traditional independent study attendance is claimed. School district and COE students in course based independent study (CBIS) must be enrolled in sufficient courses to meet minimum day requirements.
   
   Charter school students in traditional independent study must have their work product evaluated as well. Since charter schools do not have a minimum day requirement, the work product must be equivalent to a days’ worth of work as determined by an appropriately certificated teacher. Charter schools must also have records of student engagement for each day of attendance claimed for each student for both traditional and CBIS.

2. Do the minutes of “synchronous instruction” provided to students count toward minimum day requirements, or does only student work product count toward minimum day requirements as in existing law? (Updated 25-February-2022)

   For traditional independent study, in order to include synchronous instruction in instructional time calculations, students must have a work product evaluated for time value as an outcome from their participation in synchronous instruction.
   
   For course based independent study (CBIS), work product is not factored into time value. Time value is established for each course through the course certification process. Minimum day requirements are met for CBIS on the basis of being scheduled for a sufficient number of courses to meet minimum day requirements.
   
   Please refer to Independent Study for 2021–22 - Initiatives & Programs (CA Dept of Education) for additional guidance on strategies for work products related to synchronous instructional time.
   

3. Is there a minimum number of minutes or hours of synchronous instruction or live interaction that must be provided to students in independent study? (06-August-2021)

   No. Statute does not specify a minimum number of minutes or hours of synchronous instruction or live interaction that must be provided to students participating in independent study. 

4. The law specifies that independent study synchronous instruction be provided by the teacher of record. For example, for high school students, must the instruction be provided by the general supervising teacher or can it be provided by any credentialed teacher involved with the student’s educational program? (09-August-2021)

   EC Section 51747.5 references both the supervising teacher who coordinates, evaluates and generally supervises the student and the certificated teacher(s) that evaluate student work product for time value. Any of these certificated employees of the LEA can be considered a teacher of record for the purpose of providing synchronous instruction.

Attendance Accounting and Reporting

1. Now that distance learning statutes have sunset, how would a school district or COE generate attendance for students participating in virtual learning in 2021–22 and future years? (06-August-2021)

   The Education Code does not define virtual instruction. Students generate attendance for funding purposes either under the immediate physical supervision of a certificated teacher or through independent study. As has been the case for a number of years, if students are participating in virtual or online instruction and are not under the immediate physical supervision of a certificated employee while doing so, attendance for apportionment must be generated through independent study.

2. Is there a limit to the amount of ADA that can be claimed for funding in independent study for 2021–22? (06-August-2021)

   Statute does not limit the number of students that can be served in independent study. Statute does, however have some limits on the independent study ADA that can be funded and on which students are eligible to generate independent study ADA.
   
   The limits to the ADA that can be funded are as follows:

   • There is a 10 percent cap on independent study ADA generated by students in an opportunity school or a continuation high school. A student who is pregnant or is a parent who is the primary caregiver for one or more of their children is not included within the 10 percent cap.
   • Pursuant to EC Section 51745.6 there are independent study ADA to full time equivalent (FTE) ratio requirements that may limit ADA that can be claimed for apportionment. If the ratio of independent study ADA to FTE certificated employees responsible for independent study exceeds an LEA’s comparative ratio, the result is excess ADA. Excess ADA cannot generate funding.
     • More information about the continuation and opportunity education ADA cap and the independent study ratio calculations is available on the CDE’s Independent Study Ratio Calculations web page.
   • LEAs that participate in the course based independent study (CBIS) program must compute ADA for each student enrolled, in accordance with EC Section 51749.5(b). If the total CBIS ADA is greater than 10 percent of total ADA of the LEA, any CBIS ADA above 10 percent must be reduced by the statewide absence rate. The statewide absence rate is made available on the CDE’s 2019–20 Funding Rates and Information web page along with a sample calculation.
   • Finally, charter schools with less than 80 percent classroom-based ADA require a State Board of Education approved funding determination to be eligible to receive funding for nonclassroom-based ADA.
     

   
   There are some limitations on generating ADA based on age, the setting in which a student is served, and/or the services needed by the student. These limitations are as follows:

   • Students must fall within age eligibility requirements
   • Continuously Enrolled: 21 years of age (School District/COE)
     • Not continuously enrolled: 19 years of age (School District/COE/Charter)
     • Continuously Enrolled: 22 years of age (Charter)
   • With the exception of home and hospital students who are subject to quarantine or school closure for exposure to, or infection with COVID-19 pursuant to local or state health guidance where the pupil cannot participate in classroom-based instruction due to the quarantine, home and hospital students receiving instruction pursuant to EC Section 48206.3 cannot generate ADA through independent study. EC sections 51747(j) and 51749.6(c).
   • Individualized education programs for students with exceptional needs must specifically provide for independent study participation.
   • With the exception of students who are subject to quarantine or school closure for exposure to, or infection with COVID-19 pursuant to local or state health guidance where the pupil cannot participate in classroom-based instruction due to the quarantine, students must participate in independent study voluntarily and with a classroom option. EC sections 51747(j) and 51749.6(c).
   • With the exception of students who are subject to quarantine or school closure for exposure to, or infection with COVID-19 pursuant to local or state health guidance where the pupil cannot participate in classroom-based instruction due to the quarantine, expelled students cannot generate ADA through independent study without being offered the alternative of classroom instruction. EC sections 51747(j) and 51749.6(c).
   • For school districts, students must be enrolled in a school within the district as well as the independent study program.
   • Students enrolled in a district pursuant to an interdistrict transfer due to parent employment cannot generate ADA through independent study.
   • Students must reside in the county or adjacent county.
   • Community day school students cannot generate ADA through independent study.

3. Are there any changes to the independent ratio calculation requirements for FY 2021–22? (06-August-2021)

   No. The ADA to full time equivalent (FTE) teacher ratio requirements remain the same for all LEAs. The calculation methodology remains the same as well. Independent study statute was amended with clarifying language requiring auditors to verify ratio calculations during the annual audit process.
   
   For more information regarding ADA to FTE ratio calculations and instruction for performing the calculations please refer to the CDE’s Independent Study Ratio Calculations web page.

4. Does AB 130 change how a day of attendance for apportionment is earned by an LEA for traditional independent study or course based independent study (CBIS)? (06-August-2021)

   No. Although AB 130 adds a significant number of programmatic conditions that must be met to in order to ensure funding based on independent study ADA, a day of attendance for apportionment is still earned based on the following attendance accounting methodology:
   

   Traditional Independent Study ADA

   Appropriately certificated teachers evaluate completed assignments turned in by the assignment’s due date and award attendance credit based on their determination of the time value of the work.
   
   Completed assignments representing more attendance days for the assignment period may not be "banked" for future use or applied to earlier assignment periods. Late independent study work may not be credited against earlier assignment periods.
   
   LEAs report attendance for students in independent study using the LEA’s attendance system as they would for students in classroom-based programs. However, there will be a delay in reporting independent study attendance since the attendance cannot be reported until the student submits the completed assignments and the teacher determines the time value of that work.

   School district and COE Traditional Independent Study Attendance Reporting:
   

   • School districts and COEs must use the time value method of attendance accounting. EC Section 51747.5(b).
   • A school district or COE can claim a full day’s attendance for completed independent study student work if a credentialed teacher determines the time value of that work is equal to at least a “minimum day.”
   • A minimum day varies depending on grade level.
   • For continuation education, independent study is assigned in hours, not minimum day values, and it is not necessary for a student to complete the full three hours for the district to claim apportionment. If the student is assigned 15 hours of work for a five-day week, and completes two-thirds of the work, the district can claim 10 hours.
   • School districts and COEs must keep a daily or hourly attendance credit register, as appropriate to the program in which the students are enrolled, separate from classroom attendance records, and maintained on a current basis as time values of student work products are personally judged by a certificated teacher, and reviewed by the supervising teacher if they are two different persons. California Code of Regulations, Title 5, (5 CCR) 11703(b)(4).
   • Prior to reporting attendance for the second principal apportionment (P-2), LEAs must perform independent study ratio calculations to determine if excess ADA needs to be deducted from reported ADA. For detailed information and instructions for performing independent study ratio calculations, please refer to the Independent Study Ratio Calculations.

   Charter School Traditional Independent Study Attendance Reporting:

   • Charter schools must use the time value method of attendance accounting in EC Section 51747.5(b).
   • There is no minimum day for charter schools, but charter schools must meet the requirements for annual instructional minutes. EC sections 46201 and 47612.5(a)(1)(A–D).
   • The minimum amount of work necessary to constitute a day of nonclassroom-based attendance is within the charter school's and teacher's discretion to determine. Nonetheless, whatever that minimum amount of work is, it must be done on the scheduled school day for which it is claimed as attendance for ADA purposes.
   • Charter schools must comply with independent study laws and regulations. EC Section 47612.5(b).
   • Charter schools must keep a daily attendance credit register, as appropriate to the program in which the students are enrolled, separate from classroom attendance records, and maintained on a current basis as time value of work products are personally judged by a certificated teacher, and reviewed by the supervising teacher if they are two different persons. 5 CCR 11703(b)(4).
   • EC Section 47612.5(a)(2) states that charter schools must “maintain written contemporaneous records that document all student attendance and make these records available for audit and inspection.” A “daily engagement log” (tracking each student’s daily engagement in educational activities for each day school is in session) is required by 5 CCR 11960.
   • Prior to reporting attendance for P-2, LEAs must perform independent study ratio calculations to determine if excess ADA needs to be deducted from reported ADA. For detailed information and instructions for performing independent study ratio calculations please refer to the Independent Study Ratio Calculations web page.

   CBIS ADA

   CBIS attendance credit is based on enrollment and satisfactory educational progress in courses certified annually by the local governing board. The annual course certification must meet the statutory requirements pursuant to EC Section 51749.5(a)(4) which include requirements for rigor, educational quality, equity, alignment to standards, and certification to instructional time and course credits as well as a plan for providing opportunities for synchronous instruction to all grade levels and live interaction to grades four through eight.
   
   As required in EC Section 51749.5(b), students in CBIS must meet minimum day requirements to generate attendance. The minimum day can be met through CBIS courses or a combination of CBIS courses and traditional independent study or a combination of CBIS courses and in-person instruction.
   
   All LEAs with CBIS programs must compute ADA for each student enrolled. If the total CBIS ADA is greater than 10 percent of total LEA ADA, any CBIS ADA above 10 percent must be reduced by the statewide absence rate, available on the CDE’s Funding Rates and Information web page for each applicable fiscal year.
   
   In addition, similar to traditional independent study requirements, LEAs offering CBIS must compute the ratio of independent study students to full-time equivalent certificated employees responsible for independent study and the comparative ratio for all other educational programs, pursuant to EC Section 51745.6 and the Independent Study Ratio Calculation instructions provided on the CDE’s Independent Study Ratio Calculations web page. These calculations help LEAs determine whether they have any excess ADA that cannot be claimed for funding. 

5. Did AB 130 change the minimum number of consecutive instructional days that a school district or COE student must participate in independent study in order to generate ADA? (06-August-2021)

   Yes. AB 130 reduced the minimum number of consecutive days that a student must participate in traditional and CBIS in order to generate ADA from five consecutive school days to three consecutive school days (EC Section 46300[e][1]). This requirement does not apply to charter schools.

   AB 167 further amended statute and as of September 1, 2021 the minimum number of days that a student must participate in independent study does not apply in the instance of students who are subject to quarantine or school closure for exposure to, or infection with COVID-19 pursuant to local or state health guidance where the pupil cannot participate in classroom-based instruction due to the quarantine. Students who are generating attendance through independent study during quarantine can do so as of the first day of instruction as long as all other conditions of apportionment are met. EC sections 51747(j) and 51749.6(c).

6. Are there any new requirements of traditional independent study that could affect apportionment funding? (06-August-2021)

   Yes. In addition to meeting the requirements to generate ADA, which have not changed, LEAs must comply with multiple conditions of apportionment in order to avoid audit findings and losses of ADA based funding. Pursuant to AB 130 and effective with the 2021–22 fiscal year, traditional independent study programs must include additional programmatic safeguards. Many of these additional programmatic safeguards are also conditions of apportionment.
   
   Required additions to adopted and implemented independent study board policies include:

   • Satisfactory progress as an added means to evaluate continued independent study participation and placement.
   • Provision of standards aligned content in independent study that is substantially equivalent to the quality and intellectual challenge of in-person instruction.
   • For high schools, a provision for access to all courses offered by the LEA for graduation and approved by the University of California or the California State University as creditable under the A–G admissions criteria.
   • Procedures for tiered reengagement strategies.
   • A plan to provide opportunities for synchronous instruction for all grade levels, and live interaction for grades four through eight.
   • A plan to transition pupils whose families wish to return to in-person instruction from traditional independent study expeditiously, and not later than five instructional days.
   • For 2021–22 only, notification, including written notification on LEA websites to parents or guardians of options to enroll students in in-person instruction or independent study and the right to request a student-parent-educator conference prior to enrollment in independent study.
     • If, based on prior year census data submitted to the CDE, 15 percent or more of the pupils enrolled in an LEA that serves any of grades TK/K-12 speak a primary language other than English, the written information should also be in that primary language.
   • Provision for holding a student-parent-educator conference at the request of the student’s parent or guardian prior to enrolling in independent study.

   
   Required additions to traditional independent study written agreements include:

   • The manner, time, frequency, and place for communicating with a pupil’s parent or guardian regarding academic progress.
   • The inclusion of confirming or providing access to all pupils to the connectivity and devices adequate for participation and completion of work in the specific resources made available to the pupil.
   • The level of satisfactory educational progress that would trigger an evaluation of whether or not the pupil should be allowed to continue in independent study.
   • A detailed statement of academic and other supports provided to address the needs of pupils not performing at grade level, or needed support in other areas such as English learners, individuals with exceptional needs in order to be consistent with the pupil’s Individualized Education Program or 504 plan, pupils in foster care, pupils experiencing homelessness, and pupils requiring mental health supports.
   • A provision for electronic signatures if an LEA chooses to make use of electronic signatures for written agreements.

   
   Additional requirements to be reviewed for compliance that could result in the loss of apportionment if not met are:

   • Documentation of participation and non-participation in synchronous instruction and live interaction.
   • Maintenance of evidence of pupil engagement by listing all assignments, assessments, and associated grades for students in independent study.

7. Are there any new requirements of CBIS that could affect apportionment funding? (Updated 31-January-2022)

   Yes. In addition to meeting the requirements to generate ADA, which have not changed, LEAs must comply with multiple conditions of apportionment in order to avoid audit findings and losses of ADA based funding. Pursuant to AB 130 and effective with the 2021–22 fiscal year, CBIS programs must include additional programmatic safeguards. Many of these additional programmatic safeguards are also conditions of apportionment.

   Required additions to adopted and implemented CBIS board policies pursuant to EC Section 51749.5 include:

   • Courses must be annually certified to be of the same rigor, educational quality, and intellectual challenge substantially equivalent to in-person instruction and equivalent classroom-based courses, and must include access to A-G courses for high schools.
   • Certification of courses must include, at a minimum, the course duration, number of equivalent daily and total instructional minutes, number of course credits, and a plan to provide opportunities for synchronous learning and live interaction.
   • An expeditious transition plan for students whose families want them to return to in-person instruction within no more than 5 days.
   • Satisfactory progress as a means to evaluate continued independent study participation and placement.
   • Procedures for tiered reengagement strategies.
   • For 2021–22 only, notification, including written notification on LEA websites to parents or guardians of options to enroll students in in-person instruction or independent study and the right to request a student-parent-educator conference prior to enrollment in independent study.
     • If, based on prior year census data submitted to the CDE, 15 percent or more of the pupils enrolled in an LEA that serves any of grades TK/K-12 speak a primary language other than English, the written information should also be in that primary language.
     
     

   Required additions to CBIS written agreements pursuant to EC Section 51749.6 include:

   • Confirmation of or providing access to the connectivity and devices adequate to participate and complete work.
   • A statement detailing the academic and other supports that will be provided to address the needs of students who are not performing at grade level, or need support in other areas, such as English learners, individuals with exceptional needs in order to be consistent with the student’s Individualized Education Program or 504 plan, students in foster care or experiencing homelessness, and students requiring mental health supports.
   • A statement that enrollment in a course is optional and that instruction may be provided only if the student is offered the alternative of classroom instruction.
   • Manner, time, frequency and place for submitting a student’s assignments, for reporting progress, and for communicating with a student’s parent or guardian regarding a student’s academic progress.
   • Objectives and methods of study for student’s work.
   • Statement of policies regarding maximum length of time allowed between the assignment and the completion of assigned work, level of satisfactory educational progress, and the number of missed assigned allowed before an evaluation.
   • Statement of the number of course credits or, for the elementary grades, other measures of academic accomplishment to be earned by the student upon completion.
     
     

   Additional requirements to be reviewed for compliance that could result in the loss of apportionment if not met are:

   • Maintenance of evidence of pupil engagement by listing all assignments, assessments, and associated grades for students in independent study.

8. When do the new apportionment significant requirements for independent study need to be met to avoid negative impacts to ADA based funding? (Updated 25-February-2022)

   The requirements of independent study must be in place upon commencement of independent study instruction, with the exception of signed written agreements. For the 2021–22 fiscal year, LEAs have until 30 calendar days from the first day of independent study instruction or October 15, whichever date comes later, to get all signatures on independent study written agreements pursuant to EC Section 51747(g)(9)(F). In order to claim any ADA for independent study, the master agreement must be signed and dated within 30 calendar days from the first day of independent study instruction or October 15, whichever date comes later.
   
   In 2022–23 and future fiscal years, all independent study requirements including dated signatures on written agreements must be in place upon or prior to commencement of independent study instruction.

9. Are teachers employed by a vendor included in ADA to full time equivalent (FTE) teacher ratio calculations for traditional independent study? (24-August-2021)

   No. The FTE teacher calculation for independent study ratios is based on certificated LEA employees who provide independent study instruction. EC Section 51745.6 and California Code of Regulations, Title 5, Section 11700(a).
   
   During the annual audit process, auditors must verify ratio calculations. EC Section 51745.6(e).
   
   For more information regarding ADA to FTE ratio calculations and instruction for performing the calculations please refer to the Independent Study Ratio Calculations web page.

10. Are teachers employed by a vendor included in ADA to FTE ratio calculations for CBIS? (24-August-2021)

    No. The FTE calculation for CBIS ratios is based on certificated LEA employees. EC Section 51749.5(a)(13) and California Code of Regulations, Title 5, Section 11700(a).
    
    During the annual audit process, auditors must verify CBIS ratio calculations. EC Section 51749.5(f)(1).
    
    For more information regarding ADA to FTE ratio calculations and instruction for performing the calculations please refer to the Independent Study Ratio Calculations web page.

11. Can a teacher employed by a vendor be a teacher for traditional independent study or CBIS? (24-August-2021)

    No. The teacher for traditional independent study must be a certificated employee of the school district, COE, or charter school in which the student is enrolled. EC Section 51747.5 and California Code of Regulations, Title 5, Section 11700(j).
    
    The teacher for CBIS must hold the appropriate subject matter credential and be an employee of the LEA at which the pupil is enrolled or by an LEA that has a memorandum of understanding to provide the instruction. EC Section 51749.5(a)(3).

12. Are students who are subject to quarantine for exposure to, or infection with COVID-19 pursuant to local or state health guidance and cannot participate in classroom-based instruction due to the quarantine able to generate attendance for apportionment? (10-September-2021)

    Yes. LEAs can claim attendance for apportionment for independent study for students that are subject to quarantine and school closures due to COVID-19.

    For this purpose, the following statutes are not withstood:  

    • The inclusion of a statement that independent study participation must be voluntary and all students must have a classroom option. EC Section 51747(g)(8) and EC Section 51749.6(a)(6)
    • The limitation of home and hospital students from generating home and attendance through independent study. EC Section 51745(d) and EC Section 51749.5(a)(7)(5)
    • The three consecutive minimum number of consecutive days that a student must participate in traditional and CBIS in order to generate ADA. EC Section 46300(e)(1)

    
    In order to receive apportionment, LEAs must meet all other applicable apportionment requirements of independent study while students are in quarantine or during a school closure. EC Section 51747(j) and EC Section 51749.6(c).

13. Are there any students who are ineligible to generate ADA while quarantined for exposure to, or infection with COVID-19 pursuant to local or state health guidance and cannot participate in classroom-based instruction due to the quarantine? (22-September-2021)

    Students in community day schools and students with exceptional needs whose Individualized Education Program do not provide for participation in independent study are not able to generate ADA during quarantine for exposure to, or infection with COVID-19 pursuant to local or state health guidance where the pupil cannot participate in classroom-based instruction due to the quarantine.

    For these exceptions, LEAs can submit a J-13A request for material decreases in attendance to mitigate attendance losses.

    More information regarding the J-13A submittal and approval process is located at 2021–22 Form J-13A - Frequently Asked Questions web page.

14. How is attendance for apportionment generated for students who are subject to quarantine or school closure for exposure to, or infection with COVID-19 pursuant to local or state health guidance and cannot participate in classroom-based instruction? (26-October-2021)

    The following quarantine guidance is based on Assembly Bill (AB) 167 which amended the provisions of AB 130 .

    LEAs with students who have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance during the time period of September 1, 2021 to June 30, 2022, generate attendance for apportionment through independent study for impacted students while quarantined. Attendance can be generated through independent study from the first day of quarantine as long as independent study conditions of apportionment are met.

    Although during the time period of September 1, 2021 to June 30, 2022 LEAs generate ADA for most quarantined students through independent study, community day school students and students with exceptional needs whose Individualized Education Programs (IEPs) do not provide for participation in independent study do not generate attendance through independent study. This is the case during quarantine as well.

    While some pupils may not be served through independent study depending on their current placement in community day schools or by virtue of an IEP that does not provide for independent study, we encourage LEAs to provide education and services to these impacted students to ensure that they are supported academically and socially during a time of quarantine, including ensuring a free appropriate public education is provided to students with disabilities.

    A school district may submit a Form J-13A request to mitigate attendance losses at community day schools due to students who have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance or closures due to COVID-19.

    An LEA may submit a Form J-13A request for a material decrease due to a loss of attendance occurring as a result of students with exceptional needs whose IEPs do not provide for participation in independent study that are quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance and/or for a closure of a school site or class that only serves students who are individuals with exceptional needs, whose IEP does not specifically provide for participation in independent study.

    During the period of time that the Governor’s Declaration of a State of Emergency for the pandemic is in effect, any loss of ADA for quarantined community day school students or students with exceptional needs whose IEPs do not provide for participation in independent study would be considered material. To the extent the Declaration of a State of Emergency is lifted, the 10 percent ADA loss threshold would apply to all material decrease requests due to quarantined community day school students and quarantined students with exceptional needs whose IEPs do not provide for participation in independent study from the date that the declaration of emergency is lifted. For more information regarding J-13A requests please refer to the information posted to CDE’s web site at: Form J-13A - Principal Apportionment (CA Dept of Education).

15. Will a classroom-based charter school be required to obtain a funding determination for ADA generated from students who are subject to quarantine for exposure to, or infection with COVID-19 pursuant to local or state health guidance and cannot participate in classroom-based instruction due to quarantine or school closure due to COVID-19? (Updated 23-March-2022)

    No. For FY 2021–22 only, a classroom-based charter school will not be required to submit a funding determination for their nonclassroom-based ADA that is generated as a result of providing independent study to students during quarantine or school closure due to COVID-19. Classroom-based charter schools should report their nonclassroom-based ADA for 2021–22 as follows:
    

    • Nonclassroom-based ADA that is generated as a result of providing independent study to students during quarantine or school closure due to COVID-19 should be reported as classroom-based ADA.
    • Nonclassroom-based ADA that is not generated as a result of providing independent study to students during quarantine or school closure due to COVID-19 should be reported as nonclassroom-based ADA (EC Section 51747[j][2]-[3]).