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Charter SELPA

Special Education Local Plan Area

Charter SELPA

Special Education Local Plan Area

Independent Study-Continuum of Special Education Services

FAPE and LRE in Independent Study

Independent study programs offer a flexible educational option for students, including those with disabilities. However, ensuring that these students receive a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) within such non-traditional settings requires careful planning, collaboration, and strict adherence to legal mandates. As emphasized in the Dear Colleague Letter (68 IDELR 108, OSERS/OSEP 2016), "The educational rights and protections guaranteed to children with disabilities and their parents under IDEA must remain fully intact when those children attend virtual schools." This means that students with disabilities in public Independent Study programs or public virtual schools are entitled to the same FAPE and IDEA protections as those in traditional public schools. Meeting these obligations demands a proactive approach to addressing individual needs while upholding the legal and educational standards established under IDEA.
 
Legal Framework
  • Individuals with Disabilities Education Act (IDEA): Ensures all students with disabilities have access to special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. What is IDEA?.
  • California Education Code: The California Education Code is a collection of laws that govern K-12 public schools in California, including Independent Study and virtual schools. It sets specific requirements for supporting students with disabilities, ensuring compliance with laws such as AB 130 and AB 181.
    • AB 130: Requires independent study programs to provide necessary accommodations and services to students with disabilities as outlined in their IEPs.
    • AB 181: Mandates additional supports for students not meeting grade-level standards, ensuring these are clearly documented in their IEP.
 
Key Considerations for FAPE in Independent Study:
    1. IEP Development and Implementation: 
      • IEPs for students in independent study programs must explicitly outline how special education and related services will be provided. Examples include teletherapy for speech or counseling, online instructional supports, and in-person sessions for specific needs.
      • Clear documentation of how services will be delivered in a virtual, hybrid, or homeschool setting is essential.
        • IEP teams will need to determine if in-person or virtual service delivery for a particular student is appropriate based on student needs by using recent assessment and/or progress monitoring data
    2. Service Delivery Models: 
      • Consider a variety of service delivery options to meet the unique needs of students in independent study 
        • Synchronous instruction: Virtual or in-person real-time instruction with access to both general and special education teachers
        • Asynchronous instruction: Recorded lessons, independent assignments, or adaptive online tools tailored to the student's pace
        • Hybrid models: Combining virtual instruction with in-person support sessions, such as resource rooms or counseling 
      • Use digital platforms like Zoom, Google Classroom, or specialized apps to provide accessibility features, such as closed captions or text-to-speech. 
    3. Technology and Accessibility:
      • Ensure students have the necessary devices, reliable internet access, and assistive technologies (e.g., screen readers, alternative keyboards).
      • Provide training for families and students to use these tools effectively.
    4. Progress Monitoring and Data Collection:
      • Regularly monitor progress using tools like online assessments, learning management systems, and virtual check-ins.
      • Include measurable goals in the IEP that align with the flexibility of independent study while ensuring accountability.
        • For example: "By [date], during live synchronous math sessions, the student will solve multi-step word problems involving addition and subtraction with 80% accuracy in 4 out of 5 trials, as measured through teacher-led virtual breakout room practice and submitted digital work samples."
 
Key Considerations for LRE in Independent Study:
    1. Access to General Education Curriculum:
      • Independent study programs must ensure students can access the general education curriculum with their non-disabled peers to the maximum extent appropriate.
      • Collaboration between general and special education teachers is critical to design accessible and inclusive instruction
    2. Inclusion Opportunities:
      • Provide opportunities for peer interaction, such as virtual group projects, breakout rooms, or in-person activities. 
      • Consider how students will have access to general education teachers to the maximum extent possible for curriculum support, especially if special education teachers are assigned as “homeroom” or “supervising” teachers.
      • Use hybrid models to allow students to participate in extracurricular activities, assemblies, or on-campus learning experiences.
    3. Balancing Flexibility and Integration:
      • Recognize that some students benefit from the flexibility of independent study due to anxiety or medical conditions but still need structured opportunities for social interaction and academic engagement to avoid potential isolation and negative impacts on mental health.
      • Transition plans, including gradual integration into in-person settings, may be necessary for students moving from more restrictive placements.
 
Resources for Implementation