The local district will be out of compliance if it fails to develop an IEP for a child with a disability. HOWEVER there is no requirement that the IEP team find that the virtual school is an appropriate setting. Students who are not enrolled in the local school district are parentally enrolled students participating in a public instructional program. The local school district is not required to prepare parentally enrolled students, but they may be eligible for services under the proportionate share requirements of the IDEA.

Younger students are permitted to take higher level courses. When older students take elementary classes, they may not earn credit for completing elementary classes.  However, if an IEP team determines that the child needs a certain level of course work that is offered by MOCAP the IEP will be implemented as it is written.

Yes.  If a student with a disability is enrolled in the public school district, the IEP team must determine that virtual education is appropriate for the student. A student with a disability who is not enrolled in the public district can be a full time student if the parent has determined that MOCAP is appropriate.  

The local school district.

The student is not entitled to individualized special education services if enrolled in a private school or home schooled. Part-time enrollment by a parent in a private school or home school classifies the child as a private/nonpublic school student. The district where the private or home school is located has an obligation to identify the children with special needs in the district and to spend a proportionate share of the federal funding on special education for children enrolled in private schools.

In order to understand the student’s specific needs it is sometimes helpful to receive the entire IEP, but at a minimum the district should provide the documentation that MOCAP needs to ensure the modifications and accommodations of the IEP are provided in the regular education program.

As MOCAP is a virtual program there is no intent for it to provide services that require in person contact. Students enrolled in the district receive related services from the district. Students not enrolled in the district are parentally enrolled students who are not entitled to related services but may be able to receive some related services under the proportionate share requirement of the IDEA.

The MOCAP contractor ensures the MOCAP teachers are aware of the modifications and  require them to implement the modifications of an IEP, but the local district is responsible for developing and revising/amending the IEP.

The local school district prepares the IEP.

Yes, to the extent applicable to students with IEPs and who are enrolled in a public school district and accessing MOCAP coursework. MOCAP must provide the applicable modifications and accommodations in the curriculum to implement students’ IEPs.