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Benefits & challenges of VE (Benefits (SD Uses for alternative…
Benefits & challenges of VE
Benefits
Literature
Case Law
Child enrolls (or requests to enroll) in VE b/c mental health issues
504 claim for child with depression & polycycstic ovarian syndrome. Parents alleged they were not told of online options. Their application for online school was denied b/c late. School says told parents of option during mediation. Issue not briefed, so no result. Nelson v. Charles City Comm. SD (2016
Child with emotional disturbance (who didn't qualify for IEP) but initially had a 504 plan, enrolled in California Virtual Academy. Ct. dismisses case b/c pro se plaintiff d/n properly plead. Lakeside Joint SD v. Stassart (2009)
Parents of HS student with IEP for specific learning disabilities in reading & written language request placement in cyber school when he developed MH problems. Enrolled in 1/2 day cyber + 1/2 day regular school in 12th grade and performed well. No FAPE violation because he did make progress towards his IEP goals. Sean C. v. Oxford Area SD (2017)
Child enrolls in VE to make better academic progress
Child with IEP for learning disability received a compensatory education award from district and then transferred to a cyber charter school as one of their offered educational options. Parents never requested the compensatory education as services but wanted a fund set up for their child's education after H.S. The ct. denied this request. Child graduated from CS and successfully enrolled in college. Stapelton v. Penns Valley Area SD (2017)
SD Uses for alternative placement
Perrin v. Warrior Run SD (2015). See write up in challenges.
Student with IEP for autism. Student afraid of AA female students after physical altercation. Refuses to attend local HS. Parents place in private school. SD recommends online school. HO says not appropriate for student. SD of Pittsburg v. CMC (2016)
Child with IEP for Anxiety. SD recommends 1/2 day in regular + 1/2 day in cyber school. Sean C. v. Oxford (2017).
HS student with IEP for specific learning disabilities in reading & written language was referred to cyber school when he developed MH problems. Sean C. v. Oxford Area SD (2017)
Parents use cyber school IEP to ask for better services at local SD
Student with down syndrome had pattern of asking local SD for IEP, rejecting it and instead enrolling in TN Virtual Academy (homeschooling) with different IEP. Parent wanted 20 min. SE/day and SD wanted 4 hrs. IL v. Knox County BOE (2017)
Challenges
SD of Pittsburg v. CMC (2016) See write-up under SD use as alternative placement.
Students not doing the work in online setting.
Student who didn't attend cyber school didn't make academic progress. 504 case - P claims anxiety = absences but SD didn't address in plan. Student was absent a lot. No FAPE violation b/c she didn't attend school enough. Karissa G. v. Pocono Mountain SD (2017)
HS student with multiple concussions enrolled in part physical and part cyber school. Fell behind in cyber school when didn't log in but did well when he engaged in the work. The HO & Court ruled in favor of SD {no child find violation) since they followed proper procedures. This case also shows how cyber schools are looked to by SDs for creative solutions to accommodate students dealing with a temporary condition. Perrin v. Warrior Run SD (2015).
Proposed class action lawsuit against 12 for various failures in running its schools. The claims about not providing services to SwD was dismissed b/c not enough evidence to support it. Tarapara v. K12 Inc. (2017)