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IEPs in virtual school

By the IEP Atlas editorial teamLast updated

Short answer

A public virtual school must follow your child's IEP, just like a brick-and-mortar public school. Your child should still get special education, related services and accommodations, delivered online or in person. You can help at home, but you should not be expected to replace the teacher or therapist. Ask how each IEP service will be delivered before you enroll.

A public virtual school is a public school, even if all the classes happen online. That means your child keeps the right to a free appropriate public education and an IEP.[1] The school must provide the special education, related services and accommodations in your child's IEP. The way they are delivered can change, but they do not go away.

This is different from a private online program you pay for, which follows the rules for private schools. See private school placement for those rules. It is also different from home and hospital instruction, which is a short-term setting for health reasons.

How IEP services work online

Most IEP services can be delivered online, but some need planning or an in-person piece.

ServiceHow it often works onlineWhat to check
Special education teachingLive small-group or 1:1 video sessionsLive time with a teacher, not only videos
Speech therapyLive video sessionsSession length, and who helps your child log in
Occupational or physical therapyVideo sessions, sometimes with in-person visitsEquipment at home, and any in-person sessions
CounselingLive video sessionsPrivacy at home during sessions
AccommodationsBuilt into the platform: text-to-speech, extra time, captionsWhether the platform supports each one
Assistive technologyDevices sent home, with trainingWho trains you and your child
Paraprofessional supportLive support in breakout roomsHow many minutes, and when

If a service cannot work online for your child, the school should find another way, such as in-person sessions at a nearby site.

Is virtual school the least restrictive setting?

The law asks that children learn with peers without disabilities as much as is right for them.[2] A virtual school can include classmates without disabilities in live classes. But a child who mostly works alone on a screen may have little contact with peers. The IEP team should think about how your child will interact with other students, not just how they will get through lessons.

When a family chooses a virtual school on its own, that school (or its district) is responsible for the IEP. The IEP team there will review where and how services happen. Placement must still be based on your child's IEP, decided by a group that includes you, and reviewed at least once a year.[3]

The parent's role in virtual school

Many virtual schools call the parent a "learning coach." Helping your child log in, stay on task and practice skills is a big help. But you are not the special education teacher or the therapist. The IEP services must come from the school's staff.

If you find yourself teaching new skills that the IEP says a teacher should teach, write it down and ask for a meeting.

An annotated example you can hold next to your child's IEP

This example is made up. Nora is in 6th grade with a learning disability in math and ADHD. She just enrolled in her state's public virtual school. Notes in italics explain each part.

Questions to ask before you enroll

You can read these word for word:

  1. "How will each service in my child's current IEP be delivered here?"
  2. "How many minutes a week of live teaching will my child get from a special education teacher?"
  3. "Who provides speech, OT or counseling, and how?"
  4. "Which accommodations does your platform support? What about the ones it does not?"
  5. "What will you expect me to do at home each day?"
  6. "How will my child spend time with other students?"
  7. "Will you hold an IEP meeting soon after enrollment?"
  8. "What happens if online learning does not work for my child?"

What to do next

  1. Before enrolling, ask the virtual school for a meeting to go through your child's IEP service by service.
  2. Bring copies of the IEP, recent evaluations and progress reports. The moving with an IEP guide explains comparable services when you switch schools mid-year.
  3. Keep a weekly log of live sessions: date, length, who taught and what was covered.
  4. Check your child's progress reports against the goals. The parent guide to reading a progress report can help.
  5. If services are missing, ask in writing for an IEP meeting.
  6. For free help, contact your state's Parent Training and Information Center through the Center for Parent Information and Resources.[4]

Some schools offer online learning for part of the day as a replacement for school hours. If that is being used to shorten your child's day, read shortened school days first. Teachers planning online goals can find examples on the virtual setting goals page. The guide to least restrictive environment covers the rules behind placement.

Frequently asked questions

Do virtual schools have to follow IEPs?

Yes, if the virtual school is a public school. It must provide a free appropriate public education, including the services and accommodations in your child's IEP. Private online programs follow different rules.

Can my child get speech therapy in virtual school?

Yes. Speech therapy is often delivered by live video. If online sessions do not work for your child, ask the team about other options, such as in-person sessions.

Does the virtual school have to hold a new IEP meeting?

If your child moves to the virtual school during the year, it must provide services comparable to the old IEP until it adopts that IEP or writes a new one. Asking for an early meeting helps match services to the online setting.

Use it in IEP Atlas

Sources

  1. 34 CFR §300.101: Free appropriate public education (FAPE), Legal Information Institute, Cornell Law School
  2. 34 CFR §300.114: LRE requirements, Legal Information Institute, Cornell Law School
  3. 34 CFR §300.116: Placements, U.S. Department of Education (IDEA website)
  4. Center for Parent Information and Resources, CPIR

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.

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