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The paper presentation will consists of three primary parts. First, the authors will provide a preliminary overview of the Individual Disabilities Improvement Education Act (“IDIEA’” 2004), the ever expanding special education law as it relates to assessing students with a learning disability who also present with diverse educational and other needs. Conversely, the paper will discuss the evolution of cyber charter schools using one state’s laws as a point of reference. Next, the study will identify barriers and strengths of a culturally inclusive and responsive pre-assessment and formal assessment process for culturally and linguistically diverse cyber school students suspected of having a learning disability or Other Health Impairment (“OHI”) under the IDIEA (2004).