Butte County Special Education Local Plan Area
INDEPENDENT STUDY AND STUDENTS WITH DISABILITIES POLICY
In order for a student with exceptional needs to participate in an independent study
program, California Education Code 51745(c) requires that his or her IEP specifically
“provides for that participation”. In order to comply with this provision, Butte County
SELPA shall require all districts of residence to conduct an IEP meeting prior to the
student’s enrollment in the independent study program. If the IEP team determines that
independent study is appropriate, then the district may offer the program as part of the
student’s “free and appropriate education” (FAPE) in the IEP and obtain parental
consent. If the team determines that independent study is not appropriate for the
student, then the team should discuss and offer alternative program options.
If the student enrolls in an independent study charter school that functions as its own
“local educational agency” (LEA) or is under a district different than the student’s current
district, then the new LEA becomes responsible for complying with all provisions of the
Individuals with Disabilities Act (IDEA), including providing FAPE (California Education
Coded 47640) It is the parent’s option to enroll in the charter even if the IEP does not
include participation in an independent study program per Education Code 47605(d),
which states the student cannot be denied enrollment based on his or her disability. In
this case, the charter independent study program should enroll the student, initiate an
interim placement and hold an IEP meeting within 30 days to discuss the student's
needs and determine if an independent study is appropriate for the student. In cases
where the IEP team determines that independent study is not appropriate for the
student, the charter school is responsible for identifying and providing an appropriate
program or placement for the student. When the student with exceptional needs
disenrolls from the independent study charter school program, the school district in
which the student enrolls shall be considered the student’s new LEA and shall initiate an
interim placement and hold an IEP with 30 days to offer FAPE.
Approved 12/8/10: Revised 12/9/14
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