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:
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- 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
- 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.
- Consider a variety of service delivery options to meet the unique needs of students in independent study
- 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.
- 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."
- IEP Development and Implementation:
Key Considerations for LRE in Independent Study:
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- 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
- 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.
- 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.
- Access to General Education Curriculum:
Resources for Implementation
- California Department of Education (CDE):
- Resources on independent study programs and compliance: CDE Independent Study
- Guidelines on AB 130 and AB 181: CDE SPED Resources
- National Center on Accessible Educational Materials (AEM):
- Tools and resources for accessible instruction: AEM Website
- Local SELPAs:
- Provide technical assistance, professional development, and legal guidance on implementing FAPE and LRE in independent study programs. If there are ever questions about this topic, please contact your assigned El Dorado Charter SELPA Program Specialist.
Aligning Services with Student Needs in Independent Study Programs
To ensure the success of students with disabilities in independent study programs, services must be customized, individualized, and adaptable. They must leverage the flexibility of independent study models while addressing academic, social-emotional, and behavioral goals.
Key Strategies:
- Multidisciplinary Collaboration:
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- Involve general and special education staff to create a cohesive support system tailored to individual needs. For example, consider having special education staff push in virtually during live instruction to deliver specialized academic instruction.
- Address Social Emotional Needs:
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- The IEP team should carefully investigate and identify student needs for socialization, behavior, and emotional regulation to ensure that all needs are being addressed in the independent study program.
- Examples of services to consider when adjusting the IEP for social-emotional and/or behavior needs:
- The IEP team should carefully investigate and identify student needs for socialization, behavior, and emotional regulation to ensure that all needs are being addressed in the independent study program.
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- virtual study skills support
- virtual support with a paraeducator
- virtual tutoring
- virtual individual or group counseling
- social skills group (virtual or in person)
- virtual parent counseling
- behavior consultation (virtual or in person)
- social work wraparound (virtual or in person)
- In-person behavior support
- In-person counseling
- In-person tutoring/study skills support
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- Reducing Anxiety in Virtual Learning: A Gradual Approach (Systematic Desensitization):
- Gradually expose students to potentially stressful stimuli, incorporating relaxation techniques to build comfort and confidence in the independent study setting.
- Example:
- Virtual Class Participation:
- Step 1: Begin with the student watching recorded class sessions at their own pace to familiarize themselves with the virtual environment.
- Step 2: Progress to joining live virtual sessions with their camera off and using the chat function to interact.
- Step 3: Gradually encourage the student to turn on their camera and participate in discussions, starting with small, guided interactions.
- Relaxation Technique: Teach deep breathing exercises to use before and during participation.
- Virtual Class Participation:
- Example:
- Gradually expose students to potentially stressful stimuli, incorporating relaxation techniques to build comfort and confidence in the independent study setting.
- Flexible Service Models:
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- Provide hybrid learning options that may include in-person sessions for social-emotional development alongside virtual tools for academic instruction.
- Frequent Progress Monitoring:
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- Daily Check-Ins: Use brief student self-reflection forms or teacher-led discussions to gauge emotional well-being and engagement
- Parent and Student Meetings: Create structured, calendared, and ongoing check-ins with both parents and students to help support progress monitoring
- Teacher Observations: Track participation in virtual or in-person sessions using simple rubrics to note engagement, task completion, and social interactions.
- Goal-Specific Journals: Encourage students to maintain journals documenting their progress toward specific academic or behavioral goals.
- Weekly Feedback Loops: Collect input from students and caregivers through quick surveys or checklists to monitor how strategies are working and identify potential adjustments.
- Parent Training and Involvement:
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- Equip families with strategies to support the student’s progress at home and maintain open lines of communication.
Non-Participation and School Refusal
School refusal requires a nuanced approach in independent study, virtual, hybrid, or homeschool settings, as the traditional structures of site-based LEAs may not apply. The root cause may often lie in anxiety, necessitating strategies that restore a sense of safety and accountability while accommodating the flexibility of these educational models. Independent study programs may seem like a solution for students who are chronically absent or refusing to attend school due to their flexibility. However, these students still face challenges that require intentional support. Ultimately, it is the responsibility of independent study LEAs to ensure students are attending and receiving FAPE, and, therefore, they must intervene appropriately when non-participation and school refusal are a concern.
Key Strategies:
- Assess and Collaborate:
- The IEP team should consider relevant assessments, including health, social-emotional, ERMHS, etc., to gather data on the student’s current needs.
- Students without current eligibility for special education may need to be referred for evaluation based on the student’s needs.
- The LEA should attempt to gain consent from parents to communicate with outside medical and/or mental health professionals to share information about the student’s progress.
- Hold virtual or in-person team meetings with parents, educators, and external therapists to align interventions.
- The IEP team should consider relevant assessments, including health, social-emotional, ERMHS, etc., to gather data on the student’s current needs.
- Address Underlying Causes:
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- Differentiate between chronic absenteeism (missing school for any reason) and school refusal (child-motivated)
- Provide virtual, teletherapy-based, or in-person/in-home services to address IEP goals, especially those related to anxiety or mental health
- Connect families to community resources and outside agencies as needed to address the need for wraparound and/or social services
- Plan for Re-Entry or Re-Engagement:
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- Consider the need for multiple IEP goals to address areas of need (e.g., coping, attendance, social skills).
- Develop a step-by-step plan with achievable goals, such as attending a virtual session or completing specific assignments, while engaging the student in planning, and a plan for positive reinforcement based on the student’s interests and preference
- Establish Routine and Structure:
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- Create a predictable daily schedule with clear work and break times. Use tools like timers or calendars to organize tasks.
- Ensure frequent check-ins between staff, the student, and parents are in place to monitor progress with the schedule and make adjustments as needed.
- Implement Incremental Supports and Interventions:
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- Balance positive reinforcement for engagement with appropriate limitations on non-educational technology or privileges during school hours.
- Consider parent counseling and training as an IEP team, especially if there are concerns the parent may inadvertently be reinforcing the student’s avoidant behaviors or anxiety
- Encourage Healthy Habits:
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- Promote sleep, physical activity, and screen-time balance to reduce stress and improve focus.
- Promote mental health by monitoring the student’s attendance of their ERMHS-related services and collaborate with service providers and parents to make adjustments if needed
- Support Social Involvement:
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- Determine the student’s interests, hobbies, and preferred tasks to help staff and related providers engage and connect.
- Facilitate peer connections through virtual clubs, hybrid activities, or group assignments to prevent isolation. Consider assigning a peer mentor for additional support.
- Maintain Team Communication:
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- Regularly update all stakeholders on the student’s progress and challenges. Adjust plans as needed and ensure families feel supported.
- Hold regular IEP meetings to review progress on goals and make adjustments to services and supports (increasing supports should be evident in the IEP if the student is not making sufficient progress).
For more information on the latest research and best practices regarding chronic absenteeism and truancy, please visit the nonprofit initiative Attendance Works and the State of California Department of Justice’s Truancy Toolkit.