typically funded at the same level as traditional public schools .
In the charter school context , the term “ nonclassroom-based ” merely describes a wide-range of programs that are funded in a particular way . The term has no relationship to the physical space where students receive instruction . It does not mean the school is virtual , and it also does not mean that students will not attend classes in a classroom . In fact , charter schools are labelled as “ classroom-based ” or “ nonclassroom-based ” primarily for funding purposes .
Whether a program is considered classroom-based depends on the amount of instruction that occurs when students are engaged in required educational activities and are under the immediate supervision of a certificated teacher . Such time is termed “ classroom-based instruction .” If a charter school delivers at least 80 percent of instructional time in this manner , then the charter school is eligible for classroom-based instruction apportionments . All other charter school programs are deemed “ nonclassroom-based ” programs , but may provide up to 79 percent of instructional time in a traditional classroom setting .
Nonclassroom-based charter schools account for student attendance in the same manner as traditional independent study programs – on the basis of students ’ academic work product – rather than seat-time . Teachers assess the time value of student work product to determine completion of a statutory “ minimum day .” The work must be completed on the school day for which it is claimed as attendance , and a student cannot generate more than one day of attendance in any calendar day .
Putting aside the technicalities of school funding , nonclassroom-based programs enjoy unique flexibility and present opportunities for schools to offer increasingly personalized educational choices . Nonclassroom-based programs can take many different forms , including independent study , home study , work study , distance learning and computer-based education . Some nonclassroom-based programs are virtual , while other programs are independent study with no facilities . Still others provide personalized learning in some combination of independent study and traditional classroombased instruction .
Personalized learning
Over the last decade , our lives have become increasingly personalized . Eleven years ago , Time Magazine chose not to put a famous person on the cover of its 2006 Person of the Year issue . Instead , the cover included a reflective mirror and declared that the person of the year was , “ You . Yes , you . … Welcome to your world .”
The cover marked an era where people crave individualization and enjoy unprecedented control over the nuances of day-today life . From customized coffee and music to personalized social media and communications technologies , the focus of life in the last decade has been up close and personal .
Now , more than 10 years later , personalization has come to education . While the majority of students still benefit from the traditional seat-based model , families now expect that schooling options will meet increasingly individualized educational needs .
The variety of nonclassroom-based programs is limited only by the imagination and few legal parameters . Nonclassroom-based models afford school districts and charter schools opportunities to reinvent student education within the confines of the law . This aligns with a basic tenet of the California public school system that school districts have diverse needs unique to their individual communities and should have the flexibility to create correspondingly unique solutions .
The Legislature provides school districts with the broad authority to carry on activities and programs that , in the determination of a governing board , are necessary or desirable in meeting their needs . Nonclassroombased education models allow educators to do just that . For some families , the flexibility of nonclassroom-based instruction is a necessity . Although California is more urbanized than the rest of the U . S ., more than 5 million Californians live in rural and sparsely populated areas , often relying on nonclassroom-based education to meet lifestyle needs . For instance , some of these students may study independently at home , while meeting with teachers periodically at resource centers that can offer a surprising array of options – often boasting science lab-
The school choice landscape
School choice is the new normal in public education , empowering families to make choices regarding the type of education that best fits the needs of each child .
Although school choice has long existed in private education sectors , state legislators and school leaders have increasingly created opportunities for choice within the traditional public school model . As of 2011 , at least 46 states had adopted legislation offering students some form of public school choice . These schooling alternatives are varied and include charter schools , magnet schools , virtual education , experience-based learning , homeschooling and blended learning options .
Research suggests school choice leads to positive outcomes for certain students . Empirical evidence shows access to schooling options may result in higher academic achievement , graduation rates , academic attainment , and parental satisfaction . Yet despite the potential benefits of school choice , it remains a hotly debated issue .
Critics point out school choice options can sometimes backfire , leading to a host of unintended consequences . For example , studies show that parents who exercise school choice are statistically more likely to come from educated backgrounds of above-modest means . This raises concerns that choice systems result in inequity and socio-economic stratification . Other evidence suggests charter schools , for instance , can be plagued by poor-quality oversight , leading to concerns regarding accountability . Still other studies conclude that students in nonclassroom-based programs , in particular , have lower average test scores than comparable students in traditional public schools .
Although evidence may be inconclusive on the efficacy of school choice , it remains attractive for many families . School choice allows public education funds to follow students to the schools or services families feel best fit their needs .
Lozano Smith Attorneys at Law
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