Students with disabilities attend online educational programs for many of the same reasons as those without disabilities.  What obligations do school districts and charter schools have to provide special education programming to students who choose to enroll in an online program offered (directly or through contract arrangements) by the school district or charter school?

In Virtual Community School of Ohio, 62 IDELR 124 (OCR November 6, 2013), the Office for Civil Rights conducted compliance review of an Ohio virtual charter school and found numerous deficiencies that required correction.  The resulting Resolution Agreement provides a helpful blueprint of what any online program must do in order to ensure compliance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

Evaluation

Just like brick and mortar school programs, online programs must:

  • Conduct an evaluation of any student that, because of a disability, needs or is believed to need special education or related services before taking any action with respect to the initial placement of the person in regular or special education and any subsequent significant change in placement.
  • Draw on information from a variety of sources in interpreting evaluation data and making placement decisions.
  • Ensure that the information obtained from all such sources is properly documented and carefully considered.
  • If medical documentation or a medical assessment by a licensed physician is necessary to complete an appropriate evaluation, the school may ask the parents or guardians if they have medical documentation. If the answer is no, or if a parent or guardian is unwilling to provide medical documentation, then it is the school’s responsibility to arrange for a medical evaluation at no cost to the parents.
  • Reevaluate students with disabilities periodically.

Placement

Just like brick and mortar school programs, online programs must:

  • Make placement decisions based on information developed during the evaluation.
  • Have a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options make the placement decision.

Transfer Students

Just like brick and mortar school programs, online programs must:

  • Meet as a group to review the Section 504 Plan of a student that transfers to the school to ensure that the plan meets appropriate Section 504 requirements. If they do, the school may adopt and implement the plan without conducting a new evaluation.  If not, the school must promptly evaluate the student consistent with the Section 504 procedures at 34 C.F.R. § 104.35 and determine the appropriate educational program for the student.

 Procedural Safeguards

Just like brick and mortar school programs, online programs must:

  • Establish and implement a system of procedural safeguards that includes notice, the right to examine relevant records, and an impartial hearing.

Section 504 Coordinator

Just like brick and mortar school programs, online programs must:

  • Designate at least one person to coordinate its efforts to comply with Section 504 (typically referred to as the “Section 504 Coordinator”)
  • Take appropriate initial and continuing steps to notify parents and students of the identity of the Section 504 Coordinator and his/her office address, and telephone number.
  • The Section 504/Title II Coordinator must have sufficient knowledge of the legal requirements of Section 504 and Title II to effectively carry out his/her responsibilities.

Notice of Nondiscrimination

Just like brick and mortar school programs, online programs must:

  • Take appropriate initial and continuing steps to notify parents and students that the program does not discriminate on the basis of disability.

Grievance Procedure

Just like brick and mortar school programs, online programs must:

  • Adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504 or Title II of the ADA.

Accessibility

Just like brick and mortar school programs, online programs must:

  • Ensure that the school’s website and online learning environment are accessible to students with disabilities, particularly those with visual impairments.

There are a variety of good sources available to assist those responsible for online programming.  Examples include:

In summary, school districts and charter schools in Arizona must recognize that that the online programs must operate as any other school when it comes to complying with Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (as well as the Individuals with Disabilities Education Act).

 

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please feel free to contact Education Attorney, Heather R. Pierson at  480.461.5384, log on to udallshumway.com,  or contact an attorney in your area.