Instruction
Reviewed Aug 3. 2021
AB130 Remote Independent Study BP 6158(a)(b)
The Governing Board authorizes independent study as an optional alternative instructional
strategy for students whose needs may be best met through study outside of the regular
classroom setting. Independent study shall offer a means of individualizing the educational
plan to serve students who desire a more challenging educational experience, whose health or
other personal circumstances make classroom attendance difficult, who are
unable to access course(s) due to scheduling problems, and/or who need to make up credits
or fill gaps in their learning. As necessary to meet student needs, independent study may be
offered on a full-time basis or on a part-time basis in conjunction with part- or full-time
classroom study.
The Superintendent or designee may provide a variety of independent study opportunities,
including, but not limited to, through a program or class within a comprehensive school, an
alternative school or program of choice, a charter school, and an online course.
(cf. 0420.4 - Charter School Authorization)
(cf. 6181 - Alternative Schools/Programs of Choice)
A student's participation in independent study shall be voluntary. (Education Code 51747,
51749.5)
Independent study for each student shall be under the general supervision of a district
employee who possesses a valid certification document pursuant to Education Code 44865 or
an emergency credential pursuant to Education Code 44300. Students' independent study
shall be coordinated, evaluated, and documented, as prescribed by law and reflected in the
accompanying administrative regulation. (Education Code 51747.5)
The minimum period of time for any independent study option shall be three consecutive
school days.
General Independent Study Requirements
For the 2021-22 school year, the district shall offer independent study, as specified in
Education Code 51745, to meet the educational needs of students unless the district has
obtained a waiver. (Education Code 51745)
For the 2022-23 school year and thereafter, the Superintendent or designee may continue to
offer and approve independent study for an individual student upon determining that the
student is prepared to meet the district's requirements for independent study and is likely to
succeed in independent study as well as or better than the student would in the regular
classroom setting.
(cf. 5147 - Dropout Prevention)
(cf. 6011 - Academic Standards)
(cf. 6143 - Courses of Study)
(cf. 6146.1 - High School Graduation Requirements)
(cf. 6146.11 - Alternative Credits Toward Graduation)
(cf. 6172 - Gifted and Talented Student Program)
(cf. 6200 - Adult Education)
Because excessive leniency in the duration of independent study assignments may result in a
student falling behind peers and increase the risk of dropping out of school, independent
study assignments shall be completed no more than one week after assigned for all grade
levels and types of program. However, when necessary based on the specific circumstances
of the student's approved program, the Superintendent or designee may allow for a longer
period of time between the date an assignment is made and when it is due, up to the
termination date of the agreement.
An evaluation shall be conducted to determine whether it is in a student's best interest to
remain in independent study whenever the student fails to make satisfactory educational
progress and/or misses three assignments. Satisfactory educational progress shall be
determined based on all of the following indicators: (Education Code 51747)
1. The student’s achievement and engagement in the independent study program, as
indicated by the student’s performance on applicable student-level measures of
student achievement and engagement specified in Education Code 52060
2. The completion of assignments, assessments, or other indicators that evidence that the
student is working on assignments
3. Learning required concepts, as determined by the supervising teacher
4. Progress towards successful completion of the course of study or individual course, as
determined by the supervising teacher
The Superintendent or designee shall ensure that students participating in independent study
are provided with content aligned to grade level standards at a level of quality and
intellectual challenge substantially equivalent to in-person instruction. For high schools, this
shall include access to all courses offered by the district for graduation and approved by the
University of California or the California State University as creditable under the A–G
admissions criteria. (Education Code 51747)
The Superintendent or designee shall ensure that students participating in independent study
for 15 school days or more receive the following throughout the school year: (Education
Code 51747)
1. For students in grades transitional kindergarten, kindergarten, and grades 1 to 3,
opportunities for daily synchronous instruction
2. For students in grades 4-8, opportunities for both daily live interaction and at least
weekly synchronous instruction
The Superintendent or designee shall ensure that procedures for tiered reengagement
strategies are used for all students who are not generating attendance for more than three
school days or 60 percent of the instructional days in a school week, or who are in violation
of their written agreement. This requirement only applies to students participating in an
independent study program for 15 school days or more. The procedures shall include, but are
not necessarily limited to, all of the following: (Education Code 51747)
1. Verification of current contact information for each enrolled student
2. Notification to parents/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 student needs, including connection
with health and social services as necessary
4. A clear standard for requiring a student-parent-educator conference to review a
student’s written agreement and reconsider the independent study program’s impact
on the student’s achievement and well-being
The Superintendent or designee shall develop a plan to transition students whose families
wish to return to in-person instruction from independent study expeditiously, and, in no case
later, than five instructional days. This requirement only applies to students participating in
an independent study program for 15 school days or more. (Education Code 51747)
The Superintendent or designee shall ensure that a written master agreement exists for each
participating student as prescribed by law. (Education Code 51747, 51749.5)
The district shall provide written notice to the parents/guardians of all enrolled students of
the option to enroll their child in in-person instruction or independent study during the 2021-
22 school year. This notice shall be posted on the district’s web site, and shall include, at a
minimum, information about the right to request a student-parent-educator conference before
enrollment, student rights regarding procedures for enrolling, disenrolling, and reenrolling in
independent study, and the instructional time, including synchronous and asynchronous
learning, that a student will have access to as part of independent study. (Education Code
51747)
Upon the request of the parent/guardian of a student, before making a decision about
enrolling or disenrolling in independent study and entering into a written agreement to do so,
the district shall conduct a telephone, videoconference, or in-person student-parent-educator
conference or other meeting during which the student, parent/guardian, or their advocate may
ask questions about the educational options, including which curriculum offerings and
nonacademic supports will be available to the student in independent study. (Education Code
51747)
Master Agreement
For the 2021–22 school year only, the district shall obtain a signed written agreement for
independent study no later than 30 days after the first day of instruction.
A written agreement shall be developed and implemented for each student participating in
independent study for three or more consecutive school days. (Education Code 46300,
51747; 5 CCR 11703)
The agreement shall include general student data, including the student's name, address,
grade level, birth date, school of enrollment, and program placement.
The independent study agreement for each participating student also shall include, but are not
limited to, all of the following: (Education Code 51747; 5 CCR 11700, 11702)
1. The frequency, time, place and manner for submitting the student's assignments,
reporting the student’s academic progress, and communicating with a student’s
parent/guardian regarding the student's academic progress
2. The objectives and methods of study for the student's work and the methods used to
evaluate that work
3. The specific resources that will be made available to the student, including materials
and personnel, and access to Internet connectivity and devices adequate to participate
in the educational program and complete assigned work
4. A statement of the Board's policy detailing the maximum length of time allowed
between an assignment and its completion, the level of satisfactory educational
progress, and the number of missed assignments, which will trigger an evaluation of
whether the student should be allowed to continue in independent study
5. The duration of the independent study agreement, including the beginning and ending
dates for the student's participation in independent study under the agreement, with a
maximum of one school year
6. 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 student upon completion
7. 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, students with disabilities with an
individualized education program or a Section 504 plan in order to be consistent with
their program or plan, students in foster care or experiencing homelessness, and
students requiring mental health supports.
8. A statement that independent study is an optional educational alternative in which no
student may be required to participate
9. In the case of a suspended or expelled student who is referred or assigned to any
school, class, or program pursuant to Education Code 48915 or 48917, a statement
that instruction may be provided through independent study only if the student is
offered the alternative of classroom instruction
(cf. 5144.1 - Suspension and Expulsion/Due Process)
10. Before the commencement of independent study, the agreement shall be signed and
dated by the student, the student’s parent/guardian or caregiver if the student is under
age 18 years, the certificated employee responsible for the general supervision of
independent study, and all persons who have direct responsibility for providing
assistance to the student.
However, for the 2021-22 school year, the district shall obtain a signed written
agreement for independent study from the student’s parent/ guardian, the certificated
employee who has been designated as having responsibility for the general
supervision of independent study, and all persons who have direct responsibility for
providing assistance to the pupil, no later than 30 days after the first day of
instruction.
Written agreements may be signed using an electronic signature that complies with state and
federal standards, as determined by the California Department of Education (CDE).
(Education Code 51747)
The parent/guardian's signature on the agreement shall constitute permission for the student
to receive instruction through independent study.
Course-Based Independent Study
The district's course-based independent study program for students in grades K-12 shall be
subject to the following requirements: (Education Code 51749.5)
1. A signed learning agreement shall be completed and on file for each participating
student pursuant to Education Code 51749.6
2. Courses shall be taught under the general supervision of certificated employees who
hold the appropriate subject matter credential and are employed by the district or by
another district, charter school, or county office of education with which the district
has a memorandum of understanding to provide the instruction.
(cf. 4112.2 - Certification)
3.Courses shall be annually certified by Board resolution to be of the same rigor and educational
quality and to provide intellectual challenge that is substantially equivalent to in-person,
classroom-based instruction, and shall be aligned to all relevant local and state content
standards. The certification shall, at a minimum, include the duration, number of equivalent
daily instructional minutes for each school day that student is enrolled, number of equivalent
total instructional minutes, and number of course credits for each course, consistent with that
of equivalent classroom-based courses. The certification shall also include plans to provide
opportunities for students in grades transitional kindergarten, kindergarten,
and grades 1-3 to receive daily synchronous instruction, and for students in grades 4-8, to
receive both daily live interaction and at least weekly synchronous instruction.
4. Students enrolled in these independent study courses shall meet the applicable age
requirements established pursuant to Education Code 46300.1, 46300.4, 47612, and
47612.1, and the applicable residency and enrollment requirements established
pursuant to Education Code 46300.2, 47612, 48204, and 51747.3.
5. For each student participating in an independent study course, satisfactory
educational progress shall be determined based on the student’s achievement and
engagement in the independent study program, as indicated by their performance on
applicable student-level measures of student achievement and student engagement set
forth in Education Code 52060, completion of assignments, assessments, or other
indicators that evidence that the student is working on assignments, learning of
required concepts, as determined by the supervising teacher, and progress toward
successful completion of the course of study or individual course, as determined by
the supervising teacher.
If satisfactory educational progress in an independent study class is not being made,
the teacher shall notify the student and the student’s parent/guardian. The teacher
shall conduct an evaluation to determine whether it is in the student's best interest to
remain in the course or whether the student should be referred to an alternative
program, which may include, but is not limited to, a regular school program. A
written record of the evaluation findings shall be a mandatory interim student record
maintained for three years from the date of the evaluation. If the student transfers to
another California public school, the record shall be forwarded to that school.
Procedures for tiered reengagement strategies shall be used for all students who are
not making satisfactory educational progress in one or more courses or who are in
violation of the written learning agreement, as described in the section "Learning
Agreement for Course-Based Independent Study" below. These procedures shall
include, but are not necessarily limited to, the verification of current contact
information for each enrolled student, notification to parents/guardians of lack of
participation within one school day of the absence or lack of participation, a plan for
outreach from the school to determine student needs, including connection with
health and social services as necessary, and a clear standard for requiring a student-parent-educator conference to review a student’s written agreement and reconsider
the independent study program’s impact on the student’s achievement and well-being.
(cf. 5125 - Student Records)
6. Examinations shall be administered by a proctor.
7. Statewide testing results shall be reported and assigned to the school at which the
student is enrolled and shall be included in the aggregate results of the district. Test
results also shall be disaggregated for purposes of comparisons with the test results of
students enrolled in classroom-based courses.
(cf. 6162.51 - State Academic Achievement Tests)
8. A student shall not be required to enroll in courses included in the course-based
independent study program.
9. The student-teacher ratio in the courses in this program shall meet the requirements of
Education Code 51745.6.
10. For each student, the combined equivalent daily instructional minutes for courses in
this program and all other courses shall meet applicable minimum instructional day
requirements, and the student shall be offered the minimum annual total equivalent
instructional minutes pursuant to Education Code 46200-46208.
(cf. 6111 - School Calendar)
(cf. 6112 - School Day)
11. Courses required for high school graduation or for admission to the University of
California or California State University shall not be offered exclusively through
independent study.
12. A student participating in this program shall not be assessed a fee that is prohibited by
Education Code 49011.
(cf. 3260 - Fees and Charges)
13. A student shall not be prohibited from participating in independent study solely on
the basis that the student does not have the materials, equipment, or access to Internet
connectivity necessary to participate in the course.
14. A student with disabilities, as defined in Education Code 56026, shall not participate
in course-based independent study, unless the student’s individualized education
program specifically provides for that participation.
15. A temporarily disabled student shall not receive individual instruction pursuant to
Education Code 48206.3 through course-based independent study.
16. The district shall maintain a plan to transition any student whose family wishes to
return to in-person instruction from course-based independent study expeditiously,
and, in no case, later than five instructional days.
Learning Agreement for Course-Based Independent Study
Before enrolling a student in a course within this program, the Superintendent or designee
shall provide the student and the student’s parent/guardian with a written learning agreement
that includes all of the following: (Education Code 51749.6)
1. A summary of the district's policies and procedures related to course-based
independent study pursuant to Education Code 51749.5
2. The duration of the enrolled course(s) and the number of course credits for each
enrolled course, consistent with the Board certifications made pursuant to item #2
above
3. The duration of the learning agreement, which shall not exceed a school year or span
multiple school years
4. The learning objectives and expectations for each course, including, but not limited
to, a description of how satisfactory educational progress is measured and when a
student evaluation is required to determine whether the student should remain in the
course or be referred to an alternative program, which may include, but is not limited
to, a regular school program
5. The specific resources that will be made available to the student, including materials
and personnel, and access to Internet connectivity and devices adequate to participate
in the educational program and complete assigned work
6. 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, students with disabilities with an
individualized education program or a Section 504 plan in order to be consistent with
their program or plan, students in foster care or experiencing homelessness, and
students requiring mental health supports.
7. A statement that enrollment is an optional educational alternative in which no student
may be required to participate. In the case of a student who is suspended or expelled,
or who is referred or assigned to any school, class, or program pursuant to Education
Code 48915 or 48917, the agreement also shall
INDEPENDENT STUDY (continued) BP 6158(o)
include the statement that instruction may be provided to the student through course-based independent study only if the student is offered the alternative of classroom
instruction.
8. The manner, time, frequency, and place for submitting a student’s assignments, for
reporting the student’s academic progress, and for communicating with a student’s
parent/guardian regarding a student’s academic progress.
9. The objectives and methods of study for the student’s work, and the methods used to
evaluate that work.
10. A statement of the adopted policies regarding the maximum length of time allowed
between the assignment and the completion of a student’s assigned work, the level of
satisfactory educational progress, and the number of missed assignments allowed
before an evaluation of whether the student should be allowed to continue in course-based independent study.
11. A statement of the number of course credits or, for the elementary grades, other
measures of academic accomplishment appropriate to the learning agreement, to be
earned by the student upon completion.
12. Before the commencement of an independent study course, the learning agreement
shall be signed and dated by the student, the student’s parent/guardian or caregiver,
the certificated employee who has been designated as having responsibility for the
general supervision of the independent study course, and all persons who have direct
responsibility for providing assistance to the student. For purposes of this paragraph
“caregiver” means a person who has met the requirements of Family Code 6550-
6552.
However, for the 2021–22 school year only, the district shall obtain a signed written
agreement for independent study from the student, or the student’s parent/guardian if
the student is less than 18 years of age, the certificated employee who has been
designated as having responsibility for the general supervision of the independent
study course, and all persons who have direct responsibility for providing assistance
to the pupil no later than 30 days after the first day of instruction.
Written agreements may be signed using an electronic signature that complies with
state and federal standards, as determined by the CDE. (Education Code 51749.6)
The student's or parent/guardian's signature shall constitute permission for the student to
receive instruction through independent study. (Education Code 51749.6)
The Superintendent or designee shall retain a physical or electronic copy of the signed
learning agreement for at least three years and as appropriate for auditing purposes.
(Education Code 51749.6)
Student-Parent-Educator Conferences
A student-parent-educator conference shall be held as appropriate including, but not limited
to, as a reengagement strategy and/or if requested by a parent/guardian prior to enrollment in
or disenrollment from independent study. (Education Code 51745.5, 51747, 51749.5)
Records for Audit Purposes
The Superintendent or designee shall ensure that records are maintained for audit purposes.
These records shall include, but not be limited to: (Education Code 51748; 5 CCR 11703)
1. A copy of the Board policy, administrative regulation, and other procedures related to
independent study
2. A listing of the students, by grade level, program, and school, who have participated
in independent study, along with the units of the curriculum attempted and completed
by students in grades K-8
3. A file of all agreements, with representative samples of each student's work products
bearing the supervising teacher's notations indicating that the teacher has personally
evaluated the work or personally reviewed the evaluations made by another
certificated teacher
4. As appropriate to the program in which the students are participating, a daily or
hourly attendance register that is separate from classroom attendance records,
maintained on a current basis as time values of student work products judged by a
certificated teacher, and reviewed by the supervising teacher if they are two different
persons
5. Appropriate documentation of compliance with the teacher-student ratios required by
Education Code 51745.6 and 51749.5 (Education Code 51745.6 and 51749.5)
6. Appropriate documentation of compliance with the requirements pursuant to
Education Code 51747.5 to ensure the coordination, evaluation, and supervision of
the independent study of each student by a district employee who possesses a valid
certification document pursuant to Education Code 44865 or an emergency credential
pursuant to Education Code 44300 (Education Code 51747.5)
The district shall document each student’s participation in live interaction and synchronous
instruction pursuant to Education Code 51747 on each school day, as applicable, in whole or
in part, for which independent study is provided. A student who does not participate in
independent study on a school day shall be documented as nonparticipatory for that school
day. (Education Code 51747.5)
The Superintendent or designee also shall maintain a written or computer-based record such
as a grade book or summary document of student engagement, for each class, of all grades,
assignments, and assessments for each student for independent study assignments.
(Education Code 51747.5)
(cf. 3580 - District Records)
The signed, dated agreement, any supplemental agreement, assignment records, work
samples, and attendance records may be maintained on file electronically. (Education Code
51747)
Program Evaluation
The Superintendent or designee shall annually report to the Board the number of district
students participating in independent study, the average daily attendance generated for
apportionment purposes, student performance as measured by standard indicators and in
comparison to students in classroom-based instruction, and the number and proportion of
independent study students who graduate or successfully complete independent study. Based
on the program evaluation, the Board and Superintendent shall determine areas for program
improvement as needed.
(cf. 0500 - Accountability)
(cf. 5121 - Grades/Evaluation of Student Achievement)
(cf. 6162.5 - Student Assessment)
Legal Reference:
EDUCATION CODE
17289 Exemption for facilities
41020 Audit guidelines
41976.2 Independent study programs; adult education funding
42238 Revenue limits
42238.05 Local control funding formula; average daily attendance
44865 Qualifications for home teachers and teachers in special classes and schools
46200-46208 Instructional day and year
46300-46307.1 Methods of computing average daily attendance
46600 Interdistrict attendance computation
BP 6158(s)
46390-46393 Emergency average daily attendance
47612-47612.1 Charter school operation
47612.5 Independent study in charter schools
48204 Residency
48206.3 Home or hospital instruction; students with temporary disabilities
48220 Classes of children exempted
4
8340 Improvement of pupil attendance
48915 Expulsion; particular circumstances
48916.1 Educational program requirements for expelled students
48917 Suspension of expulsion order
49011 Student fees
51225.3 Requirements for high school graduation
51745-51749.6 Independent study programs
52060 Local control and accountability plan
52522 Adult education alternative instructional delivery
52523 Adult education as supplement to high school curriculum; criteria
56026 Individuals with exceptional needs
58500-58512 Alternative schools and programs of choice
FAMILY CODE
6550-6552 Authorization affidavits
CODE OF REGULATIONS, TITLE 5
11700-11703 Independent study
19819 State audit compliance
UNITED STATES CODE, TITLE 20
6301 Highly qualified teachers
6311 State plans
COURT DECISIONS
Modesto City Schools v. Education Audits Appeal Panel, (2004) 123 Cal.App.4th 1365
EDUCATION AUDIT APPEALS PANEL DECISIONS
Lucerne Valley Unified School District, Case No. 03-02 (2005)
Management Resources:
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Elements of Exemplary Independent Study
California Digital Learning Integration and Standards Guidance, April 2021
EDUCATION AUDIT APPEALS PANEL PUBLICATIONS
Guide for Annual Audits of K-12 Local Education Agencies and State Compliance Reporting
WEB SITES
California Consortium for Independent Study: http://www.ccis.org
California Department of Education, Independent Study: http://www.cde.ca.gov/sp/eo/is
Education Audit Appeals Panel: http://www.eaap.ca.gov