News & Resources

Best Practices for Virtual Schools with Students with Disabilities as Suggested by the OSERS

Aug 22, 2016 | Legal Developments and News

In a recent Dear Colleague letter, the U.S. Department of Education Office of Special Education (Department) reminded the California Department of Education, other state educational agencies, and local educational agencies (LEAs) that students with disabilities in virtual schools, including charter schools, are protected under the Individuals with Disabilities Act (IDEA) and entitled to receive a free appropriate public education (FAPE) all the same.  The Department advises LEAs that have authorized charter schools to operate virtual programs as schools of their district to carefully review their policies and procedures compliance with the IDEA at virtual schools.  It recognizes challenges, for example, discharge of child find duties without reliance solely on parent referrals, but otherwise lacks specificity or guidance as to how to hand unique issues in providing FAPE to students who have chosen to attend virtual public schools.

Please contact a DWK attorney, should you have any questions about implementing this guidance.

RELATED POSTS

Preparing for your Board’s Annual Organizational Meeting

  In addition to welcoming new members, next month school district governing boards across California will be required to hold their annual organizational meeting. Preparing for the annual organizational meeting...

DWK and Lompoc Unified School District Obtain Settlement Clarifying JPA Contracting Under CUPCCAA

  Dannis Woliver Kelley recently successfully settled a lawsuit on behalf of Lompoc Unified School District (“District”) clarifying that the California Uniform Public Construction Cost Accounting Act (“CUPCCAA”) does not...

Reduction in Workload due to Voluntary Job-Sharing Arrangement is not a “Leave” Authorizing the Hiring of a Temporary Certificated Employee

  On October 2, 2026, the California Court of Appeal published a decision holding that a teacher’s reduction in workload due to a voluntary job-sharing arrangement does not constitute a...