VirtualSC and Students with IEPs

The South Carolina Department of Education is committed to building capacity to increase students’ participation in educational programs where they will leave school prepared for life, post-secondary education, and careers.  To support building this capacity, the SCDE is committed to ensuring that all children, including children with disabilities, have a free appropriate public education (FAPE) available to them - per Federal Law.

VirtualSC, a program of the South Carolina Department of Education, is an academic option for students to take courses bearing high school credit. This includes students with an Individualized Education Plan (IEP), 504 Plan, or English Language Learners, provided that online courses are an appropriate instructional delivery method for the individual student.

Before enrolling a student with a disability into one or more VirtualSC courses, the student’s IEP team must consider if online instructional delivery methods are appropriate for the student to receive a FAPE.  The student’s IEP team should also determine whether or not the student’s accommodations can be provided through virtual learning.  For example, preferential seating close to the instructor or frequent redirections from the instructor are not appropriate accommodations for an online learning environment. It is highly recommended that the IEP team determine what accommodations would be suitable for an online learning environment and denote online accommodations clearly in the accommodations portion of the IEP.

Due to virtual learning design, an IEP with the accommodation of extended time should have clear guidelines for implementation, preferably using an exemplar VirtualSC course pacing guide. 

Before the first day of class, the sponsor school district is required to upload a current copy of the student’s accommodations portion of the IEP into the VirtualSC Dashboard. (Click here for instructions on how to upload accommodations documents.) Because VSC is providing virtual instruction to the student, VSC and the SCDE have a legitimate educational interest and the authority to access the student’s educational records without parental consent, according to the IDEA and the Family Educational Rights and Privacy Act (FERPA). Unless otherwise indicated, VirtualSC does not require access to the entire document, needing only the information on the accommodations portion of the plan.

To ensure the student’s confidentiality according to the IDEA and FERPA, VSC staff will only share the student’s accommodation information with the student’s teacher(s). VSC staff will correspond with only permissible staff in the student’s sponsor school district (e.g., the special education case manager). Each uploaded document will be reviewed. VSC staff and/or faculty may contact the student’s sponsor or case manager to discuss relevant information regarding the student (including the provision of accommodations or the need for amendment/clarification).

Questions about our IEP Policy? Click here or contact our Exceptional Learners Specialist, Liz Crouse -  secrouse@ed.sc.gov

Questions about special education in South Carolina? Please contact the SCDE, Office of Special Education Services.

VirtualSC and Section 504 of The Rehabilitation Act Of 1973

VirtualSC intends to ensure that students who are disabled within the definition of Section 504 of The Rehabilitation Act of 1973 are identified, evaluated, and provided with appropriate educational accommodations and services.

Under this policy, a student with a disability is one who (a) has a physical or mental impairment that substantially limits one or more major life activities, (b) has a record of such impairment, or (c) is regarded as having such impairment.  Students may qualify for a plan disabled under Section 504 even though they do not require services under the Individuals with Disabilities Education Act (IDEA).  Due process rights of students with disabilities and their parents under Section 504 will be enforced.

Section 504 prohibits discrimination against persons with disabilities.  All individuals who are disabled under the Individuals with Disabilities Education Act (IDEA) are also considered to be disabled and therefore protected under Section 504. VirtualSC will provide reasonable accommodations to students following the student’s 504 Plan developed by a knowledgeable team with familiarity with the student, their evaluation results, and available accommodations.

It is highly recommended that the 504 team determine what accommodations would be suitable for an online learning environment and clearly denote online accommodations in the 504.

Due to virtual learning design, a 504 plan with the accommodation of extended time should have clear guidelines for implementation, preferably using an exemplar VirtualSC course pacing guide. 

To ensure the student’s confidentiality according to FERPA, VSC staff will only share the student’s accommodation information with the student’s teacher(s). VSC staff will correspond with only permissible staff in the student’s sponsor school district. Each uploaded document will be reviewed. VSC staff and/or faculty may contact the student’s sponsor or case manager to discuss relevant information regarding the student (including the provision of accommodations or the need for amendment/clarification).

Before the first day of class, the sponsor school district is required to upload a copy of the student’s accommodations portion of their current 504 plan into the VirtualSC Dashboard. (Click here for instructions on how to upload accommodations documents.) Because VSC is providing virtual education to the student, VSC and the SCDE have a legitimate educational interest and the authority to access the student’s educational records without parental consent, according to the Family Educational Rights and Privacy Act (FERPA).

Questions about our 504 Policy? Click here or contact our Exceptional Learners Specialist, Liz Crouse -  secrouse@ed.sc.gov

Questions about special education in South Carolina? Please contact the SCDE, Office of Special Education Services.

 

Virtual SC and ELL students

VirtualSC (VSC) is an option for students who are learning English and who wish to take courses for high school credit, provided online courses are an appropriate placement for them.  Accommodations that supplement the English language instruction will be provided to the student as appropriate in high school coursework, as outlined in the Civil Rights Act of 1964 and ESEA Title III. VSC staff and/or faculty may contact the student’s sponsor or case manager to discuss relevant information regarding the student (including the provision of accommodations or the need for amendment/clarification).

To ensure the student’s confidentiality according to FERPA, VSC staff will only share the student’s accommodation information with the student’s teacher(s). VSC staff will correspond with only permissible staff in the student’s sponsor school district. Each uploaded document will be reviewed. VSC staff and/or faculty may contact the student’s sponsor or case manager to discuss relevant information regarding the student (including the provision of accommodations or the need for amendment/clarification).

Before the first day of class, the sponsor school district is required to upload a copy of the student’s accommodations portion of their current ELL plan into the VirtualSC Dashboard. (Click here for instructions on how to upload accommodations documents.) Because VSC is providing virtual education to the student, VSC and the SCDE have a legitimate educational interest and the authority to access the student’s educational records without parental consent, according to the Family Educational Rights and Privacy Act (FERPA) and ESEA Title III.

Questions about our ELL Policy? Click here or contact our Exceptional Learners Specialist, Liz Crouse -  secrouse@ed.sc.gov

Questions about special education in South Carolina? Please contact the SCDE, ESEA Title III.