SPECIAL EDUCATION IN THE TIME OF COVID-19

SPECIAL EDUCATION IN THE TIME OF COVID-19

Status of Federal Waivers Due, in large part, to the grass roots efforts and letter writing campaigns from parents, the Department of Education (DOE) will not recommend waivers of the essential parts of IDEA, the federal law creating what we know as special education. Thank you for your efforts! Although in California certain State timelines may be waived per S.B. 117, no such waivers will be recommended under the federal law. The waivers that were recommended included timelines for assessing toddlers for special education as they transition from Part C to Part B services at the age of three. The DOE recognized that while some flexibility needs to take place during this crisis, such flexibility is already written into the law. At least for now, the DOE has refrained from any action that would harm the basic rights of students with disabilities and upheld their rights to a free appropriate public education under the IDEA and the Rehabilitation Act, We are hopeful that schools and districts will exhibit the ingenuity, innovation and grit of which the Secretary spoke and work with families to meet the challenges facing their most needy population of students.

The Rights of Students with Exceptional Needs The current crisis has changed the landscape of life dramatically. From simple chores to how we work to how we educate our children; nothing is the same. The same applies to special education. However, even in these dire times, schools and districts are still responsible for the education of the children they serve, including, or especially, students with disabilities.  This is why the dedicated team of lawyers, advocates and other professionals at Newman Aaronson Vanaman LLP continue to work to advocate for the needs of their clients, even more aggressively during the crisis. While there is no expectation that IEPs “as-usual” will take place, this newsletter lets you know that IEP meetings are still taking place, either virtually or telephonically. The same is true of IEP services, mediations and due process hearings. Conservatorship and Estate Planning also continue. School physical plants will be closed for the rest of this school year. Because Districts are providing educational services to general education students, services and supports must also be provided for students with disabilities. Unfortunately, this does not mean, and often cannot mean, the same level of support, especially for face-to-face services as in existing IEPs. The needs of children must be determined on a case by case basis. In some cases equal access to education for students with disabilities through online or telephone support may be possible, in others it may not.  Current directives from the Federal Government provide that the provision of compensatory services will be determined on a case by case basis when school sites reopen. Keep track of the dates and times services should have been provided (per the existing IEP) so that when schools reopen you can protect your claims for compensatory services. Click here for a worksheet to record the services that are and are not being provided for your student.

Disputes during lockdown Families may need advocacy services now more than ever.  Although largely working remotely, we are providing representation for IEP meetings, and filing for due process. The Office of Administrative Hearings is still taking complaints, holding mediations and hearing cases. If you wish to access our services for any purpose, fill out an intake form, and one of our attorneys will be happy to work with you. Timeline Waivers In California, under SB117, certain timelines for providing an assessment plan, or reviewing an assessment, have been extended due to COVID-19 to include the days schools were closed.  However, SB117 specifically does not waive any of the timelines under the IDEA, so all federal timelines remain in effect, including the necessity of reviewing an IEP annually, and conducting assessments every three years. The CA Department of Education provides updates with regard to COVID-19 weekly.

Resources Counsel of Parents Attorneys and Advocates COVID-19 page. A wealth of information for parents on how to handle special education during the Coronavirus. To review previous guidance related to COVID-19 and services to students with disabilities, issued by the CDE on March 13, 2020, visit the CDE website. Updated information and resources from the CDE related to the COVID-19 response. Federal guidance from the USDOE titled “Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak.” To review federal guidance from the USDOE Office of Civil Rights on how to protect students’ civil rights. Guidance issued by the CDE on distance learning, including considerations for students with disabilities. For research on how online learning can be made more accessible, engaging, and effective for K-12 learners with disabilities, visit the Center on Online Learning and Students with Disabilities. Common Sense Media has curated a list of the Best Special Education Applications and Websites based on recommendations by educators who work with students with disabilities. The Council for Exceptional Children (CEC) has developed COVID-19 Information for Special Educators, including a forum for members on how to adapt IEP services during school closures. The State Educational Technology Directors Association (SETDA) offers strategies and resources for ensuring that online learning supports students with disabilities.