2005 California Education Code Sections 51705-51705.3 Article 1.5. The Online Classroom Pilot Program

51705.  For purposes of this article, the following terms have the
following meanings:
   (a) "Asynchronous interactive instructional program" means a
program in which a pupil and teacher interact using online resources,
including, but not limited to, discussion boards, Web sites, and
e-mail.  However, the pupil and teacher need not necessarily be
online at the same time.
   (b) "Internet" means the global information system that is
logically linked together by a globally unique address space based on
the Internet Protocol (IP), or its subsequent extensions, and that
is able to support communications using the Transmission Control
Protocol/Internet Protocol (TCP/IP) suite, or provides, uses, or
makes accessible, either publicly or privately, high-level services
layered on the communications and related infrastructure described in
this subdivision.
51705.3.  (a) The Online Classroom Pilot Program is hereby
established for the purpose of monitoring and evaluating pupil
participation in online asynchronous interactive instructional
programs conducted over the Internet.  The teacher of an online
course shall be online and accessible to the pupil on a daily basis
to respond to pupil queries, assign tasks, and dispense information.
The online course shall be approved by the governing board of the
school district.
   (b) At each participating schoolsite, the ratio of full-time
equivalent certificated teachers teaching through online instruction
to pupils engaging in that instruction shall be substantially
equivalent to the ratio of teachers to pupils in traditional
in-classroom study of the same subject matter.
   (c) A teacher may teach pupils in one or more online courses
pursuant to this section only if the teacher concurrently teaches the
same course to pupils in a traditional in-classroom setting in the
providing school district or did so within the immediately preceding
two-year period.  The subject matter content shall be the same for
the online course as for the traditional in-classroom course.
   (d) A teacher teaching in an online classroom program shall hold
the appropriate subject matter credential.
   (e) To operate an online course pursuant to this section a
schoolsite shall apply to the State Department of Education which
shall approve schoolsites on a first-come-first-served basis.  No
more than 40 schoolsites may operate an online course pursuant to
this section.  A school district may not have more than five
schoolsites that operate an online course pursuant to this section.
Each participating schoolsite may provide online courses to a total
number of pupils not greater than 15 percent of the total enrollment
of that schoolsite.
   (f) A school district offering an online course may contract with
another school district to provide the online course to pupils of the
offering school district.  Contract terms shall be determined by
mutual agreement of the school districts.  School districts that
provide online courses pursuant to the contract shall contract
directly with the school district of the schoolsite offering the
online course and shall not enter into direct contracts with the
pupils of the offering school district.
   (g) Statewide testing results for online pupils shall be reported
to the school district in which the pupil is enrolled for regular
in-classroom courses.
   (h) Only high schools are eligible to offer online instruction.  A
school district may apply for a waiver from the State Board of
Education to allow a school that is not a high school to offer online
course to its pupils, and the state board may grant the waiver.
   (i) A pupil shall not be assigned to an online course, unless the
pupil voluntarily elects to participate in the online course.  The
parent or guardian of the pupil shall provide written consent before
the pupil may participate in an online course.
   (j) The school district of a schoolsite that offers an online
course, or contracts pursuant to subdivision (f) to provide an online
course, shall develop and implement policies addressing all of the
following factors:
   (1) Test integrity.
   (2) Evaluation of the online courses including a comparison with
traditional in-classroom courses.
   (3) A procedure for attaining informed consent from both the
parent and pupil regarding course enrollment.
   (4) The teacher selection process.
   (5) Criteria regarding pupil priority for online courses.
   (6) Equity and access in terms of hardware or computer
laboratories.
   (7) Teacher training for online teaching.
   (8) Teacher evaluation procedures.
   (9) Criteria for asynchronous learning including the type and
frequency of the contact between pupil and teacher.
   (10) Pupil computer skills necessary to take an online course.
   (11) The provision of onsite support for online pupils.
   (k) A school district of a schoolsite that offers online classroom
programs pursuant to this section shall verify that online pupils
take examinations by proctor or that other reliable methods are used
to ensure test integrity and that there is a clear record of pupil
work, using the same method of documentation and assessment as in a
traditional in-classroom course.
   (l) A school district of a schoolsite that offers online classroom
programs pursuant to this section shall maintain records to verify
the time that a pupil spends online and related activities in which a
pupil is involved.  The school district shall also maintain records
verifying the time the instructor was online.
   (m) If a pupil is participating part time in online instruction
pursuant to this section, a day of attendance for apportionment
purposes is 180 minutes of attendance in traditional in-classroom
settings unless the pupil is participating in online instruction
pursuant to subdivision (e) of Section 46300.
   (n) As a condition of receipt of funds pursuant to this section, a
school district shall, on an annual basis, submit the online
classroom program information specified in subdivision (l) to the
State Department of Education.  The State Department of Education
shall clearly describe in the application form the information
required to be submitted pursuant to this subdivision.  It is the
intent of the Legislature that the costs of maintaining and
submitting the required information be entirely borne by the
participating school district from funds received pursuant to this
section.
   (o) The purposes of online classroom programs conducted pursuant
to this section include all of the following:
   (1) Providing expanded educational opportunities for pupils
attending schools with limited educational offerings.
   (2) Reaching out to pupils in schools where advanced placement
courses are not available.
   (3) Providing quality educational services in courses for
hard-to-staff subject areas in schools where a shortage of teachers
make these classes unavailable.
   (4) Ensuring that courses provided over the Internet are at least
as challenging as courses provided in a traditional educational
setting.
   (5) Ensuring high teacher quality for online classroom purposes.
   (6) Ensuring pupil testing integrity for online classroom
purposes.
   (7) Ensuring accountability for the purposes of verifying the
active involvement of all pupils participating in courses provided
over the Internet.
   (p) For each online class provided pursuant to this section, the
governing board of a school district shall make findings of
compliance with this section, including, but not limited to, the
teacher credential requirement and shall report those findings to the
department.
   (q) Notwithstanding any other provision of law, this section does
not apply to online courses offered through a program administered by
or coordinated through a California public postsecondary educational
institution.
   (r) The Superintendent of Public Instruction shall convene a
working group to assess the pilot project established pursuant to
this section and the fiscal costs of offering instruction through
online classroom programs.
   (s) Commencing July 1, 2005, the Controller shall review the
online programs operated pursuant to this section.  These reviews
shall include an examination of relevant program and fiscal records
from all years of participation in the pilot program, including the
2003-04 fiscal year.  It is the intent of the Legislature that the
Controller give these reviews the highest priority.
   (t) Notwithstanding any other provision of law, no provision of
this section may be waived except as otherwise provided in this
section.
   (u) This section shall remain in effect only until January 1,
2007, and, as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.