Kevin McKenna, Esq; Dr. Joanne Barnett, CEO, the PA Virtual School

How do IEPs account for the differences in environments between face-to-face learning and blended / online learning? We don’t. IDEA is silent on blended / online and we are still responsible for implementing it.

How is a school defining LRE in terms of face-to-face vs. blended? And does the IEP reflect that?

How does a school service a rural student who needs an OT, with the closest being over 100 miles away?

History / Background

  • 1991 MN passed laws creating the first legislated charter school (Stat 120.064 (1991))
  • 8 results-oriented, student-ctrd public schools formed; City Academy, the first, in St. Paul, opened in 92
  • at least 24 states + DC have blended schools

Hypothetical 1

  • Charter School didn’t allow student with autism and mild visual impairment to take online course sequence b/c student required accoms and aide to access curricular materials that school couldn’t provide in their online program [what does last part mean: that…program?]
  • start with IEP
  • what resources are available?
  • can’t discriminate against students
  • can’t deny FAPE
  • if they can’t do online, print materials must be provided
  • assistive technology must be provided
  • can’t exclude student from GC (LRE)
  • child find: schools need to find students with needs before OCR does
  • OCR will consult state agency; if state agency had advised and school does nothing….
  • can we really afford to provide (extreme) services? can you afford not to (in expectation of legal fees / rulings)?

[This started off promisingly but became too general as it went on: 504, ADA, IDEA, etc.]

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