Cal. Codes » Education Code / TITLE 2. ELEMENTARY AND SECONDARY EDUCATION / DIVISION 4. INSTRUCTION AND SERVICES / PART 28. GENERAL INSTRUCTIONAL PROGRAMS / CHAPTER 5. Authorized Classes and Courses of Instruction / ARTICLE 5.5. Independent Study
California Codes

Cal. Education Code § 51747.3 (2026)

Independent Study

✓ current as of May 2026
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(a)Notwithstanding any other law, a local educational agency, including, but not limited to, a charter school, may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the local educational agency has provided any funds or other thing of value to the pupil or the pupil’s parent or guardian that the local educational agency does not provide to pupils who attend regular classes or to their parents or guardians. A charter school may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the charter school has provided any funds or other thing of value to the pupil or the pupil’s parent or guardian that a school district could not legally provide to a similarly situated pupil of the school district, or to the pupil’s parent or guardian.

(b)Providing access to connectivity and local educational agency-owned devices adequate to participate in an independent study program and complete assigned work, consistent with paragraph (3) of subdivision (g) of Section 51747, or to participate in an independent study course, as authorized in Section 51749.5, shall not be considered funds or other things of value for purposes of subdivision (a).

(c)Notwithstanding paragraph (1) of subdivision (e) of Section 47605 or any other law, community school and independent study average daily attendance shall be claimed by school districts, county superintendents of schools, and charter schools only for pupils who are residents of the county in which the apportionment claim is reported, or who are residents of a county immediately adjacent to the county in which the apportionment claim is reported.

(d)The Superintendent shall not apportion funds for reported average daily attendance, through full-time independent study, of pupils who are enrolled in school pursuant to subdivision (b) of Section 48204.

(e)In conformity with Provisions 25 and 28 of Item 6110–101–001 of Section 2.00 of the Budget Act of 1992, this section applies to average daily attendance reported for apportionment purposes beginning July 1, 1992.

(f)The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600).

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2006–2025 · leading case: Wells v. One2One Learning Found., 141 P.3d 225 (Cal. 2006).
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Wells v. One2One Learning Found., 141 P.3d 225 (Cal. 2006). · cites it 10× “(5) Finally, a qui tam action under the CFCA against a charter school operator is not subject to the Tort Claims Act (TCA; Gov.”
JONATHAN L. v. Superior Court, 165 Cal. App. 4th 1074 (Cal. Ct. App. 2008). “” (Ed. Code, § 51747.3.) It is apparent, however, that independent study is permissible only when offered by the public school system and supervised by a certificated teacher.”
Woolard v. Thurmond (E.D. Cal. 2024). “20 Ed. Code § 51747.3(a) (“[I]ndependent study .”
Gray v. Super. Ct. (Cal. Ct. App. 2025). “(Ed. Code, § 51747.3, subd. (c).) Nothing in the Education Code limits the locations at which a student may choose to engage in independent study, nor does the code require a student to disclose to the school or district the location where he or she proposes to complete their…”
Cal. Education Code § 51747.3(a): 1 case
Woolard v. Thurmond (E.D. Cal. 2024). “20 Ed. Code § 51747.3(a) (“[I]ndependent study .”
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