281—15.9(256,256B) Online learning—students with disabilities.
	15.9(1) Children with disabilities are not to be categorically excluded from admission to online learning programs or from enrollment in online coursework.
	15.9(2) 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 assigned weighting under Iowa Code section 256B.9. 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(3) 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(4) When a child with an IEP seeks open enrollment into an online learning program, the child’s IEP team will determine whether the child meets the open enrollment provisions of 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, will 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 will be resolved pursuant to 281—Chapter 17. The child is to remain in the child’s resident district while any dispute about the appropriateness of the receiving district’s program is pending.
[ARC 7789C, IAB 4/17/24, effective 5/22/24]