Assembly Bill No. XXXX
Introduced by Assembly Member [NAME]
(Principal coauthor: Senator [NAME])
(Coauthors: Assembly Members [NAMES])
(Coauthors: Senators [NAMES])
January XX, 2025
An act to amend Sections 46300, 51745, 51747.5, and 51749.5 of the Education Code, relating to public school attendance, and making an appropriation therefor.
AB XXXX, as introduced, [NAME]. Public School Attendance: Work-Completion-Based and Hybrid Attendance Models.
Existing law:
Establishes Average Daily Attendance (ADA) in public schools as a primary mechanism for state funding,
measured by the physical presence of students (seat time) under Section 46300 of the Education Code.
Provides for independent study programs under Sections 51745 to 51749.6 of the Education Code,
allowing certain charter schools and districts to claim attendance for students based on work completed rather than physical presence.
This bill would:
Authorize all public schools (including school districts and county offices of education) to measure attendance through a
combination of seat time and work-completion methods, aligned with independent study frameworks.
Mandate accountability standards by requiring specific documentation of student engagement, academic progress, and assignment
verification to ensure educational rigor and integrity.
Revise the Local Control Funding Formula (LCFF) to recognize hybrid attendance and work-completion-based attendance, thereby
ensuring schools can receive funding for students who do not attend in-person every day but demonstrate satisfactory progress.
Support equitable access by requiring districts offering work-completion-based attendance to provide sufficient resources—such
as technology and teacher support—to underserved student populations.
Vote: Majority
Appropriation: Yes
Fiscal Committee: Yes
State-mandated local program: Yes
(a) The Legislature finds that flexibility in attendance measurement can support diverse student needs, reduce chronic absenteeism, and improve educational outcomes for students who face obstacles to consistent in-person attendance.
(b) The Legislature further finds that technological advancements and proven independent study methods allow students to demonstrate learning through completed assignments and academic progress without necessarily being physically present every day.
(c) By aligning seat-time and work-completion-based attendance policies, California can ensure equitable funding for schools while maintaining high standards of accountability and student achievement.
46300. (a) Except as provided in subdivisions (b) through (f), the attendance of a pupil shall be counted under this section only if the pupil is actually present at the school for the entire day, or is engaged in educational activities under the immediate supervision of a certificated employee of the school district.
(b) Notwithstanding subdivision (a), a pupil’s attendance may be counted for the purposes of this section when the pupil completes instructional activities, assignments, or assessments remotely or off-campus, provided that:
(c) The Superintendent, in consultation with the State Board of Education, shall adopt regulations to provide criteria for determining attendance in circumstances where work completion is used in lieu of physical presence, including minimum instructional standards, record retention, and verification procedures.
(Remainder of section unchanged, renumber subsections accordingly.)
51745. It is the intent of the Legislature that school districts, county offices of education, and charter schools offering independent study or hybrid attendance programs provide students with an alternative to classroom instruction consistent with the district’s or school’s course of study and that these programs:
(Remainder of section unchanged.)
51747.5. (a) Each local educational agency (LEA) shall maintain written or digital records for each pupil engaged in independent study or hybrid attendance models, including but not limited to:
(b) LEAs shall retain such records for audit and compliance purposes for the length of time specified by state law, ensuring transparency and accountability in counting attendance via work-completion methods.
(Remainder of section unchanged.)
51749.5. (a) For purposes of calculating average daily attendance (ADA) under the Local Control Funding Formula, LEAs shall include pupils who complete a portion or all of their instructional activities through independent study, hybrid attendance, or other flexible models, provided that:
(b) The State Board of Education shall issue regulations to ensure that public funding is allocated equitably and that students receiving instruction under hybrid or work-completion-based attendance models meet consistent state academic standards.
(a) The sum of ____ dollars ($____) is hereby appropriated from the General Fund to the California Department of Education for the 2025–26 fiscal year, to be allocated to local educational agencies as grants for:
(b) The department shall prioritize funds for LEAs serving high-need student populations, including low-income, English learner, and foster youth, to ensure equitable access to the new attendance model.
(a) The State Board of Education, in consultation with the Superintendent, shall adopt initial regulations no later than January 1, 2026.
(b) Local educational agencies may begin offering hybrid or work-completion-based attendance programs under this act starting in the 2026–27 school year, subject to meeting all statutory and regulatory requirements.
If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.
Notwithstanding Section 6 of this bill providing state funds, no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the state has provided an appropriation that fully covers the cost of the state mandates created by this act.
END OF BILL TEXT
Purpose: Allows public schools to measure and receive funding for attendance based on completed assignments, in addition to seat time.
Key Amendments: Updates §§ 46300, 51745, 51747.5, and 51749.5 to clarify definitions, accountability, and recordkeeping for hybrid or work-completion-based attendance.
Appropriation: Provides state funding to support training, technology, and pilot programs, especially for high-need districts.
Implementation: Requires the State Board of Education and CDE to develop regulations by January 2026; local education agencies can implement the new model starting in the 2026–27 school year.