skip to main content

Charter SELPA

Special Education Local Plan Area
Home
or Browse All Schools
QUICK LINKS
https://charterselpa.org/Partner-Services/Program-Support/Independent-Study/Independent-Study-Equal-Enrollment-for-Students-with-Disabilities/
Chinese Dutch English French German Greek Italian Japanese Korean Portuguese Russian Spanish Vietnamese Tagalog Khmer Farsi Hindi Punjabi Ukrainian
Contrast Mode

Charter SELPA

Special Education Local Plan Area

Independent Study-Equal Enrollment for Students with Disabilities

Independent study charter schools in California must ensure equal enrollment for all students, regardless of ability. Federal and state laws prohibit any public school from denying admission to students based on disability (IDEA), 20 U.S.C. § 1412(a)(1)(A) (2004). Independent study charter schools should consider the legal obligations, strategies, and best practices to ensure equitable access for students with disabilities.

Legal Obligations for Student Enrollment

 
Charter schools, including those offering independent study, must not deny or delay enrollment to students with disabilities based on the nature, severity, or type of disability. Key legal requirements include:
  • Individuals with Disabilities Education Act (IDEA): IDEA guarantees a Free and Appropriate Public Education (FAPE) to students with disabilities. IS programs must ensure that students with disabilities have access to services and supports outlined in their Individualized Education Programs (IEPs).
  • Section 504 of the Rehabilitation Act: This civil rights law protects students with disabilities from discrimination and requires schools to provide necessary accommodations.
  • California Education Code Section 51745: This code stipulates that independent study programs cannot discriminate against students with disabilities and must ensure equal access.
 
To comply with these legal frameworks, independent study charter schools should:
  • Adopt policies to guarantee nondiscriminatory admission practices for students with disabilities.
  • Ensure that no student is denied enrollment due to the extent of their disability.
  • Implement clear enrollment procedures that do not require review of the IEP during the application stage. Under California Educational Code Section 47605(d)(2)(A), charter schools cannot require information about special education status prior to enrollment.
 

Strategies for Inclusive Enrollment Practices

 
Creating an inclusive enrollment process ensures that students with disabilities can participate fully in independent study programs. Recommended practices include:
  • Outreach and Communication: Use accessible formats for enrollment materials, and provide information in multiple languages and modalities.
  • Transparent admissions policies: Publicly accessible information on how the school supports students with disabilities can encourage families to apply without fear of exclusion or inadequate services.
  • Training for admissions staff: Staff involved in the enrollment process should be well-versed in disability rights and the legal obligations of the school. They must be able to answer questions from parents regarding special education services in a virtual or hybrid setting.
  • Parent and Student Support: Offer support during the enrollment process, including assistance with completing forms and understanding program options.
  • Collaboration with Special Education Staff: 
    • When a student with an IEP enrolls, the school’s special education team should collaborate with the family from the start to ensure that the independent study program is a suitable placement. Timeliness of communication and proactive onboarding are key for family engagement. 
    • Until a full IEP is developed, the school must provide comparable services to those listed in the student’s previous IEP. This ensures no lapse in FAPE when transitioning from the prior school to the new school. 
    • During the 30-day interim IEP review process, the team will assess whether the independent study environment can meet the student’s needs and provide FAPE. 
      • If the IEP team determines that the independent study program is appropriate, it must be written into the IEP document and consented to by the parent/guardian of the student. 
      • If the IEP team determines that the independent study program is not an appropriate placement, the LEA is responsible for funding and securing an appropriate placement. 
    • In the interim, the LEA must provide comparable services to the student, whether through its own programs or an alternative placement such as a nonpublic school (NPS), to ensure continuity of services and compliance with FAPE requirements. 
 

Best Practices for Effective Family Onboarding

 
Effective onboarding sets the foundation for a successful educational experience. Key elements of family onboarding include:
  • Orientation Sessions: Orientation Sessions: Provide virtual or in-person orientation sessions tailored to families of students with disabilities, covering topics such as accessibility tools, IEP implementation, the LEA’s continuum of services and supports, and available resources to ensure students receive appropriate accommodations and interventions.
  • Individualized Onboarding Plans: Develop onboarding plans that address each student's unique needs, including training on assistive technologies and accommodations.
  • Ongoing Communication and Support: Establish regular check-ins with families to address questions and provide updates on student progress. Offer a dedicated point of contact for special education services.
 
Be ready to support families of students who have disabilities and are also in other special populations, such as:
  • Homeless and Foster Youth: Youth experiencing homelessness have rights and protections under the McKinney-Vento Homeless Assistance Act, and each LEA must have a designated liaison to support them. The California Department of Education has a resource page dedicated to ensuring students who are homeless can exercise their rights to enroll and participate fully in school. Students in foster care also have specific educational rights per the California Education Code summarized on the California Department of Education’s Foster Youth Services webpage. LEAs should also identify a trusted staff member to establish and maintain communication with the student and caregivers. Local county offices where students reside may also have additional resources for LEAs to assist families, such as the Los Angeles County Office of Education’s Homeless Education Padlet.
    • Have conversations with students and families to identify their needs and provide assistance in various areas:
      • Basic Needs: Provide resources to wraparound support for basic needs like food and shelter assistance. Coordinate with families to identify transportation needs and provide solutions for in-person meetings or learning opportunities.
      • Learning Accessibility: Determine the technology and materials needed for students to access independent study learning. Plan to potentially provide laptops, hotspots for the internet, or printed materials. 
      • Address social-emotional support: Assess students' and families' social-emotional needs and provide access to resources such as counseling or peer support. Support groups can provide connection and encouragement for youth experiencing similar challenges.
      • Provide educational stability: Identify academic needs and establish a plan to provide support, such as online tutoring or credit recovery for students who have moved often. Utilize the flexibility of the independent study setting to provide individualized pacing and scheduling to accommodate unstable living situations.
  • English Learners: Independent study programs are required to provide designated and integrated English language development instruction for English learners who enroll (Education Code [EC] Section 51745[a]; California Code of Regulations [CCR] Section 11309). Independent study written agreements must detail the academic supports that will be provided to address the needs of English learners (EC sections 51747 [g][7]; 51749.6[a][5]). The California Department of Education English Learners Independent Study FAQs webpage contains additional information on supporting English learners in independent study. LEAs should consider the following strategies to engage families of students who are English learners:
    • Multilingual Parent Communication: Send messages and instructions in the family's preferred language using apps like TalkingPoints or Remind.
    • Parent Workshops: Offer virtual or in-person sessions on how to support independent study at home.
    • Regular Check-ins: Assign a bilingual mentor or advisor to support English learners and their families with academic progress.
 
When engaging with families from diverse cultural backgrounds, school staff should approach conversations about disabilities with cultural humility and sensitivity. Different cultures may have varying perspectives on disability, including beliefs about its causes, expectations for independence, and views on educational support. Some families may see disability through a medical, spiritual, or social lens that differs from the framework used in special education. Consider the following approaches when getting to know families during the onboarding process:
  • To build trust and foster collaboration, staff should listen actively, avoid making assumptions, and respect cultural differences while clearly explaining the rights, supports, and services available to the student. 
  • Using strengths-based language, offering translated materials when needed, and encouraging open dialogue can help ensure that families feel valued and empowered in the decision-making process. 

By approaching these conversations with respect and understanding, educators can create a more inclusive and supportive environment for both students and their families.
 

Ensuring Accessibility in Virtual and Hybrid Charter Schools

Accessibility is a critical component of equity in independent study programs. Schools must ensure that online platforms, materials, and activities are fully accessible to students with disabilities. Key strategies include:
  • Universal Design for Learning (UDL): Implementing UDL principles ensures that content is accessible to all learners through multiple means of representation, engagement, and expression.
  • Accessible Technology: Platforms must be compatible with assistive technologies, such as screen readers, text-to-speech tools, and adaptive hardware.
  • Digital Accessibility Standards: Schools should follow Web Content Accessibility Guidelines (WCAG) to ensure that websites and online materials meet accessibility standards.
  • Comply with the requirements of each student’s IEP.
 
By adopting these practices, independent study programs can foster an inclusive and equitable environment where students with disabilities can thrive. Ensuring accessibility and supporting families throughout the enrollment and onboarding processes are essential steps in meeting legal obligations, promoting student success, and reducing the likelihood of complaints with the Office of Administrative Hearings (OAH) and the Office for Civil Rights (OCR). Typically many of the steps to build relationships with families and establish regular communication are part of the job duties for the assigned Education Specialist. The El Dorado County Charter SELPA has created a 30-day Independent Study Education Specialist Checklist as a helpful tool to ensure such critical tasks are completed starting at the beginning of the school year.