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2021–22 Independent Study Certification FAQs

Frequently asked questions (FAQs) about the 2021–22 Independent Study Certification for ADA Loss Mitigation pursuant to Education Code (EC) Section 42238.023.

Assembly Bill (AB) 181 (Chapter 52, Statutes of 2022) was passed and approved by the Governor on June 30, 2022. AB 185 (Chapter 571, Statutes of 2022), a clean-up bill to AB 181, was approved by the Governor on September 27, 2022. The following FAQs are intended to provide local educational agencies (LEAs) with an overview of the independent study certification requirements, method for calculating the average daily attendance (ADA) Loss Mitigation adjustment, and timing for when LEAs will receive the funding as a result of EC Section 42238.023.

  1. Who needs to submit the 2021–22 Independent Study Certification for ADA Loss Mitigation? (Posted 03-Oct-2022)

    The 2021–22 Independent Study Certification for ADA Loss Mitigation data entry screen in the Principal Apportionment Data Collection Web Application applies only to school districts and county offices of education (COEs).

    EC Section 42238.023 authorizes the California Department of Education to adjust the 2021–22 reported ADA for school districts, COEs, and classroom-based charter schools, if the 2019–20 ADA to enrollment ratio exceeds the 2021–22 ADA to enrollment ratio. In order to be eligible for the adjustment, a school district or COE must certify that it met the independent study program offering requirements specified in subdivision (c) of EC Section 42238.023. Classroom-based charter schools are not required to submit the certification in order to be eligible for the adjustment.

  2. How does an LEA certify to the Independent Study offering for fiscal year 2021–22? (Posted 03-Oct-2022)

    The LEA must complete the 2021–22 Independent Study Certification for ADA Loss Mitigation data entry screen in the Principal Apportionment Data Collection Web Application by November 1, 2022.

    If a school district or county office of education does not complete the 2021–22 Independent Study Certification for ADA Loss Mitigation data entry screen, it is not eligible for adjustment to 2021–22 ADA pursuant to EC Section 42238.023.

  3. What are the independent study requirements that the county office of education (COE) or school district must certify to in order to be eligible for the 2021–22 ADA Loss Mitigation? (Posted 03-Oct-2022)

    The COE or school district must certify that they either:

    1. Met the following requirements:
      1. By no later than November 1, 2021, offered an independent study program to all students for the 2021–22 school year, consistent with the requirements of Section 51745, and provided the notification to parents and guardians of all enrolled pupils pursuant to paragraph (1) of subdivision (h) of Section 51747 and subparagraph (A) of paragraph (8) of subdivision (b) of Section 51749.6 [EC Section 42238.023(c)(1)(A)]
      2. By no later than November 1, 2021, adopted written policies for providing instruction to pupils through independent study, and have verifiable documentation substantiating the provision of opportunities for live interaction and synchronous instruction pursuant to 51745.5, if applicable, or provision of activities or pupil work product of a pupil while out on independent study that is equivalent to in-person instruction pursuant to Sections 51747 and 51749.5 [EC Section 42238.023(c)(1)(B)].
    2. Received a waiver by June 15, 2022, pursuant to EC Section 51745(g), from independent study requirements in the 2021–22 school year [EC Section 42238.023(c)(2)].
    3. Entered into a contract with another county office of education or an interdistrict transfer agreement with another school district pursuant to subdivision (f) of Section 51745 for the offering of independent study [EC Section 42238.023(c)(2)]. This requirement may be met any of the following ways:
      1. The COE contracted with a school district or an adjacent COE to provide services.
      2. The school district contracted with their COE or an adjacent COE to provide services.
      3. The school district entered into an interdistrict transfer agreement with another school district in the same or an adjacent county.
  4. If a school district contracted with their county office of education (COE) or an adjacent COE or entered into an interdistrict transfer agreement with another school district in the same or adjacent county for independent study in fiscal year 2021–22 pursuant to EC Section 51745(f), do they meet independent study program requirements for the ADA Loss Mitigation? (Posted 03-Oct-2022)

    Yes, a school district may certify that they met the independent study requirements for purposes of the ADA Loss Mitigation [EC Section 42238.023(c)(2)].

  5. If a school district or county office of education (COE) offered independent study to some students and not all students (for example, high school and not elementary), does the school district or COE meet the requirements for the ADA Loss Mitigation? (Posted 03-Oct-2022)

    No. If the school district or COE only offered independent study to some students, they do not meet the requirements for the ADA Loss Mitigation, unless the school district or COE received a waiver or entered into a contract with a COE or an interdistrict transfer agreement with another school district for the offering of independent study to the other students. The requirements for the ADA Loss Mitigation are that the independent study program was offered to all students [EC Section 42238.023(c)(1)(A)].

    If the school district or COE received a partial waiver for a portion of the student population, and met the independent study offering requirements of EC Section 42238.023(c) with respect to the students not covered by the waiver, then the school district or COE does meet the requirements for the ADA Loss Mitigation, and should select Line A-2 in the 2021–22 Independent Study Certification for ADA Loss Mitigation data entry screen.

    If the school district or COE entered into a contract or interdistrict transfer agreement with a COE or another school district for a portion of the student population, and met the independent study offering requirements of EC Section 42238.023(c) with respect to the students not covered by the contract or interdistrict transfer agreement, then the school district or COE does meet the requirements for the ADA Loss Mitigation, and should select either Line A-3a, A-3b, or A-3c, as applicable, in the 2021–22 Independent Study Certification for ADA Loss Mitigation data entry screen.

  6. Does a county office of education (COE) certification for COE programs include students enrolled pursuant to both EC sections 2574 (county funded) and 2576 (district funded county program)? (Posted 03-Oct-2022)

    Yes. The COE must certify that independent study offering requirements of EC Section 42238.023(c) were met for all of the programs operated by the COE. If the COE received a waiver from the CDE for specific programs, and met the independent study offering requirements for the other programs, the COE should select Line A-2 in the 2021–22 Independent Study Certification for ADA Loss Mitigation data entry screen.

  7. How would a school district or county office of education (COE) have applied for a waiver from the independent study requirements in the 2021–22 school year? (Posted 03-Oct-2022)

    The waiver for a school district would have been granted by the county superintendent of schools in which a school district is located. The waiver for a COE or school district in a single-district county would have been granted by the CDE. A school district or COE that received a waiver by June 15, 2022, pursuant to EC Section 51745(g), is eligible for the 2021–22 ADA Loss Mitigation. A school district or COE may not receive a retroactive waiver after June 15, 2022 in order to qualify for the ADA Loss Mitigation.

    The 2022–23 Guide for Annual Audits of K-12 Local Education Agencies and State Compliance Reporting (Audit Guide) will include procedures for auditors to verify compliance with the requirements of EC Section 42238.023(c). School districts and COEs should retain supporting documentation of a waiver approval on file for purposes of the audit.

  8. When will an LEA receive additional funding as a result of the 2021–22 Independent Study Certification for ADA Loss Mitigation? (Posted 03-Oct-2022)

    Eligible LEAs will see an increase in 2021–22 ADA in the Annual Apportionment, which will be certified in February 2023. Any additional funding for 2021–22 as a result of the ADA increase will be included in the February through June 2023 Principal Apportionment payments.

    For school districts, the adjusted 2021–22 ADA will also be used in subsequent fiscal year’s calculations that use 2021–22 ADA for Local Control Funding Formula (LCFF). Beginning in 2022–23, school district ADA for LCFF will be based on the greater of the current year ADA, the prior year ADA, or the average ADA of the three most recent prior fiscal years, pursuant to EC Section 42238.05. This means that for school districts the adjusted 2021–22 ADA will be used in 2022–23, 2023–24, and 2024–25 ADA calculations.

Questions:   Principal Apportionment Section | attendanceaccounting@cde.ca.gov | 916-324-4541
Last Reviewed: Monday, October 3, 2022
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