October 19, 2021

Minimum days in independent study for ADA claim?

From School Services of CA

There is no minimum for quarantined students during the 2021–22 school year only for the purpose of generating ADA. A quarantined student is eligible to generate ADA through independent study beginning on day one of quarantine even if the number of school days impacted by their quarantine is less than three days. This is a deviation from prior years because Education Code Section (EC §) 46300(e)(1) prohibited school districts from claiming ADA unless a student participated in independent study for at least five consecutive school days. This EC § has undergone two important revisions in a matter of months.

The first revision was included in the 2021–22 Enacted Budget as part of Assembly Bill (AB) 130 (Chapter 44/2021), which reduced the number of required minimum consecutive school days of independent study enrollment from five to three. The second revision was part of the recently enacted trailer bill, AB 167 (Chapter 252/2021), which added EC § 51747 (j)(1) to waive the three-day threshold in EC § 46300(e)(1) in the 2021–22 school year only and to allow all quarantined students to generate ADA through independent study. The change in law does not abrogate a school district’s responsibility to comply with the other independent study provisions, including, but not limited to, completion of the written agreement.

Note that EC § 46300(e)(1) only applied to school districts. Charter schools have always had the flexibility to enroll students in independent study for less than three consecutive school days and claim ADA.