Update:
As part of a legal settlement with disability advocates, the Governor’s office agreed to support new legislative amendments to ensure that special education students have equal access to their education through virtual learning. The settlement is the result of a civil rights lawsuit filed last year by three special education students, Disability Rights Education & Defense Fund (DREDF) and The Arc of California. The families and organizations are represented by Disability Rights California (DRC), the law firm of Vanaman German LLP, and DREDF.
On June 30, 2022, Governor Newsom signed Assembly Bill (AB) 181 (Chapter 52, Statutes of 2022), an education omnibus trailer bill. AB 181, Section 73 amends Section 51745 of the California Education Code to add specific guidance for individual education program teams to consider in determining whether independent study is appropriate for individuals with exceptional needs. Read the California Department of Education’s outline of the changes.
Court Order in EE. v. California: Disabled Students in California are Entitled to Independent Study or Virtual Learning
On February 28, 2022, the federal court for the Northern District of California ruled that disabled students in California must have access to a virtual education program equivalent to what non-disabled students receive. If a parent decides that their disabled child’s health would be put at risk by in-person instruction, school districts must permit enrollment to the district’s independent study program with access to the student’s IEP service or provide a reasonable modification in the form of virtual access to student’s typical instruction and special education services.