Serving Students with Disabilities in Virtual & Hybrid Learning Programs

Helpful Links from the California Department of Education:  

• Independent Study Homepage  
• 2022-23 Changes to Independent Study 
• Independent Study Guide  
• Independent Study Frequently Asked Questions  
• Assembly Bill 181: Special Education and Independent Study 

The purpose of independent study is to provide a voluntary alternative education program available to all students across all grade levels. Independent study programs use alternative instructional strategies to meet individual student needs and learning styles while following the Local Education Agency (LEA)/district-adopted curriculum standards and graduation requirements. This procedural guide section provides a general overview of independent study program1 requirements as well as specific considerations for students with disabilities.  

General Information  

According to the California Department of Education (CDE), students may access independent study through a range of quality educational options that include classroom-based, hybrid, and non-classroom-based virtual programs. LEAs/Districts are encouraged to offer more than one independent study model to best serve the needs of their students (EDC §51744), thereby improving academic outcomes while maximizing enrollment. Independent study may be offered through a variety of formats, including: 

• As a program or class within a comprehensive school 
• Through an alternative school or program of choice (EDC §58500 et seq) 
• Through charter schools 
• Through board-approved online courses 
• As an accommodation for student travel 
• As specialized and/or advanced courses 
• As a credit recovery method 
• On a short-term basis (less than 15 total schooldays in a school year, see below for additional information) 

An Independent Study Written Agreement must be completed for each independent study student. The Independent Study Written Agreement outlines the course of study and must be agreed upon by the student, parent/caregiver/guardian, supervising teacher, and any other assisting person(s) responsible for the student's program. As applicable, the certificated team member designated as having responsibility for the special education programming of the student shall also sign the written agreement. For more information about the required elements of the Independent Study Written Agreement, please visit the California Department of Education's Independent Study Guide. 

Independent study can be used on a short-term or long-term basis:  

Short-term  

• Short-term independent study refers to a student's participation in independent study for fewer than 15 cumulative instructional days in a school year. Once the student has participated in independent study for 15 days in a school year, it is no longer short-term.  
• LEAs/districts are exempt from the requirements to provide tiered re-engagement strategies, daily live interaction, synchronous instruction, and of returning the student to in-person instruction within five instructional days (EDC § 51747(h)(2)(i)).  
• With the exception of the information provided above, there is no further distinction in legal requirements between short-term and long-term independent study. 
• The student's classroom teacher often serves as the independent study supervising teacher and provides the independent study assignments (coursework the student would have covered had they remained in the classroom during this period). 
• For students scheduled for less than 15 school days, the written agreement shall be signed within 10 school days of the commencement of the first day of enrollment in independent study. 
• Final determinations regarding the participation of students with disabilities in short-term independent study, including the provision of special education-related services, must be agreed upon by the IEP team and reflected in the Independent Study Written Agreement. For more information, please refer to the Considerations for Students with Disabilities section below. 

Long-term  

• Long-term independent study refers to a student's participation in independent study for 15 or more cumulative school days in a school year. Students may participate in independent study on a full-time basis or in conjunction with courses taken in a classroom setting.  
• For students scheduled for more than 14 school days, the written agreement shall be signed before the commencement of independent study. 
• Final determinations regarding the participation of students with disabilities in long-term independent study, including the provision of special education-related services, must be agreed upon by the IEP team and reflected in the Independent Study Written Agreement. For more information, please refer to the Considerations for Students with Disabilities section below. 

Considerations for Students with Disabilities 

Students with disabilities may participate in short- or long-term traditional and course-based independent study programs if their individualized education programs (IEP) specifically provide for such instruction. For students with special education services, a determination as to whether independent study is appropriate must be made by the IEP team within 30 days of the request and documented in the IEP prior to initiating independent study. The IEP team may not decline a student's request for independent study based on the student's inability to work independently, the need for adult support, or the need for special education or related services (EDC §51745 (c)). 

The offer of special education and related services must continue to be based on student need while enrolled in the independent study program and must not be decreased based solely on the availability of student, staff, and/or resources. 

The IEP must specify the appropriate content under the Individuals with Disabilities Education Act (IDEA) 34 Code of Federal Regulations (CFR) 300.302, including: 

• The percentage of time the student will participate in independent study. 
• The percentage of time to be spent in regular education, if any. 
• The percentage of time the student will receive special education support. 
• Discussions of the placement options and supports considered in developing an independent study program for a student with special needs. 
• The academic goals and services that are unique to the needs of the special education student. 
• The accommodations and related services needed to maximize access in an independent study placement. 
• A plan that outlines the course of study as it relates to the independent study curriculum. 

Equal Enrollment for Students with Disabilities: Virtual or Hybrid Charter Schools 

Charter schools that offer virtual learning opportunities and other hybrid learning programs through independent study must enroll all students who meet the enrollment requirements set in their charter agreement, including students with and without disabilities. Federal and state law prohibits any public school, including charter schools, from denying admission to any student based on a disability, or the nature of or extent of a disability. To ensure legal compliance, it is recommended that the LEA adopt policies and procedures to address admissions of a student with a disability in an independent study program. These policies may include, but are not limited to, the following information: 

• Specific information pertaining to the independent study written agreement. 
• Educational opportunities offered through independent study. 
• The maximum length of time which may elapse between the time an independent study assignment is made and the date by which the student must complete the assigned work. 
• An explanation that the student will have access to the same services and resources of the LEA/district in which they are enrolled, as is available to other students enrolled in the LEA/district. 
• The provisions of independent study and restrictions for providing independent study as an alternative curriculum, as a program for the temporarily disabled, and the exclusive method of course offerings for high school graduation. 
• Procedures to address the enrollment process for students with disabilities and the need for an Individualized Education Program (IEP) team decision for placement in an independent study program for a student with exceptional needs. 

When a student with an IEP applies to enroll in a virtual or hybrid charter school, it is recommended that the LEA follow enrollment procedures to enroll the student in accordance with equal enrollment requirements. During the 30-day interim IEP process (please refer to the interim placement section of the procedural guide), the IEP team will review the IEP to determine whether independent study is an appropriate offer of a free and appropriate public education (FAPE). If the IEP team determines that independent study is not an appropriate offer of FAPE, the student will remain enrolled in the LEA. In this case, the LEA maintains responsibility for funding an appropriate alternative placement. 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.  

IEP Team Considerations 

When developing an IEP for a student in an independent study program, the IEP shall clearly demonstrate that the following have been considered: the student's individualized needs, alternative placement options, and how the independent study program can provide the student with FAPE in the least restrictive environment (LRE). The IEP placement recommendation should reflect the independent study program. It is recommended that the LEA/district consider the following information when developing the student's IEP:  

• Assessments and the individual student needs including: 
• Social-emotional 
• Behavioral 
• Social skill development of the student, including needs for social interaction, peer modeling, and generalization of skills learned with peers 
• If face-to-face assistance is required and if so, how much  
• Accommodations and/or modifications 
• IEP goals based on the student's individual needs, including progress on IEP goals which are individually monitored 
• Services and supports that are required to meet the student's needs within the independent study program. This includes all related services such as, but not limited to, specialized academic instruction, occupational therapy, speech and language services, educationally relevant mental health (ERMHS) services, behavior intervention services, assistive technology services, etc. 
• Where and how special education services will be delivered- including the frequency, duration, and how and where the student will access service minutes 
• Assistive technology needed to access the curriculum 
• Transportation (see transportation section of the procedural guide for additional guidance) 
• Progress monitoring and program review to ensure that the independent study program continues to be appropriate and the student continues to receive educational benefit 

It is important that the IEP team carefully investigate and identify student needs for socialization, language pragmatics, and emotional regulation to ensure all needs are being addressed in the independent study program.  

Accommodations and Modifications There are some basic accommodations and modifications not automatically provided to all students in traditional school environments, but are often characteristic of education provided in an independent study program: 

• Extended time on lessons and tests 
• Flexibility in start and end dates 
• Continuous means of communication 
• Parent/guardian communication of progress 
• Prepared notes/reviews 
• Clear rubrics 
• Appropriate placements by skill level 
• Working in a closely supported environment 
• Varied activity formats 
• Screen readers and talking browsers 
• Daily lesson planning with the student; just-in-time remediation 

The IEP team shall consider which accommodations and modifications are necessary for the student to receive educational benefit. A student may require curricular adaptations to access, make progress, and meet standards in their grade-level curriculum.  For additional information on accommodations and modifications, please refer to the "Curriculum Adaptations" section of this procedural guide.  

Assistive Technology In virtual independent study programs, the use of computer technology may increase the need for assistive technology. The following is a non-exhaustive list of assistive technologies that may be considered for inclusion in a student's IEP, if required for a student to access their educational program: 

• On-screen keyboards 
• Grammatical support tools 
• Braille embosser and text to Braille conversion 
• Animated signing characters (signing avatars) 
• Switches 
• Alternative mouse systems 
• Word prediction 
• Accessible online learning tools 
• Alternative keyboards 
• Display-based personal data assistants 
• Voice recognition systems 

Continuum of Special Education Services 

An LEA/district must provide a continuum of special education, related services, and placement options for students with IEPs. If an IEP team determines that an independent study program is notan appropriate placement for a student, the LEA/district must take steps to ensure that the student receives FAPE in the appropriate educational setting. The LEA/district will incur any costs associated with the educational placement. In some cases, such settings may include another LEA/district program, non-public school, or residential facility. The student will remain enrolled in the LEA/district until placement determinations are made and agreed upon by the IEP team. LEA/districts are cautioned to use careful consideration when determining placement for students with disabilities. Students with disabilities must not be placed in separate schools merely because of the availability of placement options, administrative convenience, or institutional barriers to providing related services rather than because of their individual needs (Letter to Johnson, OSERS 1988). 

As a reminder, the IEP team may not decline a student's request for independent study based on the student's inability to work independently, the need for adult support, or the need for special education or related services (EDC §51745 (c)). The offer of special education and related services must continue to be based on student needs while enrolled in the independent study program and must not be decreased based solely on the availability of student, staff, and/or resources. 

Virtual IEP Meetings 

Parents2 are required members of the IEP team. LEAs/Districts must provide a parent with the opportunity for meaningful participation in an IEP meeting. The LEA/district shall keep a record of attempts to arrange a mutually convenient IEP meeting and attempts to convince the parent to attend the IEP meeting. This record can include detailed logs of telephone calls or e-mails, IEP notice of meetings, copies of correspondence sent to the parent/guardian and any responses received, detailed records of visits made to the parent's home, and the result of those visits. 

The law dictates who must attend an IEP meeting but does not prescribe where the meeting must be held. If the LEA/district has a central office that is geographically proximate to the student and convenient to the other team members of the IEP team, then the IEP meeting may be held in person at the central office. However, if this is not the case, the LEA/district is responsible for providing capabilities for all IEP team members to meaningfully participate in the meeting, including making reasonable accommodations for parents' special needs under section 504 or the ADA. 

Virtual IEP meetings can be held using computer software programs and services that allow attendees to log in or call into the meeting from wherever they are located. Examples may include but are not limited to, video conferencing (i.e., Zoom) or conference calling using a shared conference call phone line. If the parent is uncomfortable with the use of technology, the LEA/district may need to send a staff member to the home to help the parent meaningfully participate in the virtual IEP meeting.  

1 "Independent study programs" refer to classroom-based, hybrid, and non-classroom-based virtual programs in traditional schools, charter schools, and alternative school settings. 

2 The term "parent" refers to a natural parent, adopted parent, or legal guardian (EDC §49061). Any rights afforded to the parent are transferred to the adult student when they reach the age of majority (age 18), except when a student with a disability has been deemed unable to make their own educational decisions under California Law.