Section 281.15.9. Special education services.

Children with disabilities may not be categorically excluded from admission to online learning programs or from enrollment in online coursework.

       15.9(1) Whether an online course or online learning is appropriate to a child with a disability must be determined by the child’s needs, not by the child’s weightedness. If a child’s individualized education program (IEP) goals cannot be met in online learning, with or without supplementary aids and services or modifications, online learning is not appropriate to the child.

       15.9(2) If a child’s IEP team determines that online learning is inappropriate to the child, the child’s parents are entitled to prior written notice pursuant to rule 281—41.503(256B,34CFR300) and to have available to them the procedural safeguards provided under rule 281—41.504(256B,34CFR300).

       15.9(3) When a child with an IEP seeks enrollment into an online learning program by means of open enrollment, the child’s IEP team shall determine that the child meets the open enrollment requirements under 281—Chapter 17. In addition, the child’s IEP team, together with representatives of the resident and receiving districts and the relevant area education agencies, shall determine whether the receiving district is able to provide an appropriate online education to the child, either with or without supplementary aids and services or modifications. Any dispute about whether the receiving district’s program is appropriate shall be resolved by the director of special education of the area education agency in which the receiving district is located. The child shall remain in the child’s resident district while any dispute about the appropriateness of the receiving district’s program is pending.

[ARC 0522C, IAB 12/12/12, effective 1/16/13]