Services for Students with Disabilities
Decisions concerning a student's participation in online learning should be made on an individual basis. In some cases, these decisions must take into consideration state and federal laws affecting the education of students with disabilities.
The federal Individuals with Disabilities Education Act (IDEA) and state laws affecting special education require all school districts to provide a free appropriate public education to students with disabilities. Each student receiving special education under these laws has an individualized educational program (IEP) outlining the special education and related services the school must provide in order to meet the student's individual needs. Additionally, two federal laws, Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, prohibit discrimination against students with disabilities.
Students eligible under either Section 504 or special education laws must be provided with reasonable accommodations to allow them to access educational programming available to all students.
Some students with disabilities do very well in online classes and virtual charter schools. Some students require assistive technologies such as a screen reader or screen magnifier that can be easily implemented so they can access an online learning environment. Other students with disabilities may require specially designed instruction from a special education teacher to supplement their online learning. The decision about the appropriateness of online education and the services, supports, or accommodations needed to allow participation by students with disabilities is made on a case by case basis in accordance with state and federal requirements. More information about special education is available on the department's special education webpages.
The provisions described above apply to all students enrolled in virtual charter schools whether enrolled in their district of residence or through public school open enrollment. More information about students with disabilities attending under open enrollment is available on the the department's open enrollment webpages.
Admission Policy for Students with Disabilities
Admissions requirements for virtual schools must comply with Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, and Wisconsin Statute 118.40. Admission policies may not discriminate against students with disabilities.
Except for schools providing approved single sex programming or classes, virtual charter schools may not discriminate in admission or deny participation in any program or activity on the basis of a person's sex, race, religion, national origin, ancestry, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability. Wis. Stat. 118.40 (4)(b)(2).
A student with a disability who otherwise meets the acceptance criteria of an online program, class, or virtual school may not be turned away solely because the student has a disability. When considering the application of a student with a disability, the district must consider reasonable accommodations that could be made to allow the student to participate in the program. If the student has been found eligible under the Individuals with Disabilities Act (IDEA) the district must consider whether the services required by the student’s individualized educational program could be reasonably implemented.
Resources
- In August 2016, the United States Department of Education's Office of Special Education and Rehabilitative Services issued guidance to clarify some of the critical requirements in Part B of IDEA that apply to virtual schools.
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Under a grant from the US Department of Education, the Center on Online Learning and Students with Disabilities works with teachers, parents, and industry leaders to research and disseminate high-quality reports about engagement, effectiveness, and accessibility of online education for students with disabilities.