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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.

Education and Special Needs: Covid 19 You Still Have Rights

The rights of our kids are at risk. Decisions are being made now that will impact special needs education beyond this current pandemic. Please share and join if you can.

Accessing Education, Services, and Health Care during the Coronavirus Crisis

You Still Have Rights: Accessing Education, Services, and Health Care during the Coronavirus Crisis Friday, April 10/Viernes, 1 de abril 2-4 pm Individuals with disabilities still maintain their rights during this difficult time, including the right to not being discriminated against in health care and education. Join us for this week’s webinar with experts who will explain the rights of people with disabilities during this time. In addition, Disability Voices United will release preliminary results from their survey on the current needs of people with disabilities.  Presenters include: Andy Imparato, Executive Director, Disability Rights California Tauna Szymanski, Executive Director and Legal Director, Communication First Judy Mark, President, Disability Voices United More presenters to be announced Click at 2 pm on April 10th to view Zoom webinar/Haga clic en el enlace el 10 de abril a las 2 pm para ver el webinar en Zoom This webinar will be conducted via Zoom. Here is how you can participate: By computer using video: click on this link: https://zoom.us/j/103799431. Note: if you have never used Zoom before on your computer, you should go in beforehand to download the app at zoom.us By cell phone or tablet with video: You must download app, see link below. At time of call, go into app and click on "Join." Type in the Webinar ID - 103 799 431 By cell phone with voice only: just tap here: +16699006833,,103799431# By landline phone: 1-669-900-6833. Enter ID: 103 799 431 This webinar will have simultaneous translation in Spanish through a conference call line. Be aware: this webinar will have several English-language visual presentations. You will not be able to see them if you only call in. You will also not be able to access Zoom's question and answer function. We are working on an alternative for people who call in to ask questions. For simultaneous Spanish interpretation: Call 515-604-9835 and enter the access code 245384#.  Este webinar se realizará por el sistema de conferencia por internet Zoom. Estas son las maneras en las que puede participar: Por computadora usando video: haga clic en este enlace: https://zoom.us/j/103799431. Nota: si nunca ha usado Zoom en su computadora, debe descargar antes la app de zoom.us Por teléfono celular o tableta con video: Debe descargar una aplicación, vea el enlace a continuación. A la hora de la llamada, vaya a la aplicación, y haga clic en "Join" (Entrar a una reunión). Escriba el ID de reunión: 103 799 431 Por teléfono celular en inglés solo con servicio de voz (sin video), haga clic aquí: +16699006833,,103799431# Por línea telefónica fija (inglés): 1-669-900-6833. Ingrese el ID: 103 799 431 Se ofrecerá interpretación simultánea al español a través de una línea de teleconferencia aparte (todos los participantes estarán en modo silencioso y solo es para escuchar la traducción al español). Debe tener en cuenta: este webinar tendrá muchas presentaciones visuales en inglés. No podrá verlas si solo llama por teléfono. Tampoco podrá hacer preguntas a través de Zoom. Estamos buscando una solución para que las personas que solo participen por teléfono puedan hacer preguntas. Para escuchar la interpretación simultánea al español: Llame al 515-604-9835 e ingrese el código de acceso 245384#. Download Zoom App for Cell Phones and Tablets/Descargue la aplicación Zoom App para celulares y tabletas How are you doing during the coronavirus pandemic shutdown? Are you or your family member getting the services and supports you need? Take this survey for self-advocates and family members on the coronavirus outbreak to let us know what the needs of our community are Encuesta sobre la epidemia de coronavirus para personas con discapacidad que abogan por sí mismas y familiares The purpose of this survey is to see how people with disabilities are doing during the coronavirus epidemic. We will use this information for our advocacy to ensure that individuals and families are supported during this crisis. El propósito de esta encuesta es ver cómo está la situación de las personas con discapacidades durante la epidemia de coronavirus. Answer the survey in English Responda a la encuesta en espanol Resource website on coronavirus Sitio web con recursos sobre coronavirus If you need more information about coronavirus and its impact on people with disabilities, visit our website. Visit the website in English Si necesita más información sobre coronavirus y su impacto en las personas con discapacidades, visite nuestro sitio web. Visite el sitio web en español To share on social media, use this link. Para compartir en las redes sociales, use esta enlace. Disability Voices United works for: Choice and control over our lives Meaningful outcomes that matter to us Systems that are equitable and accountable to us Please consider donating today to support our important work! Donate Visit DVU's Website Join Visit the Interchanges on Self-Determination and Communications Rights ‌ ‌

Urgent Grant Opportunity Due April 4, 2020For those in our community who have been unable to provide services.

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Apply Now

Verizon-LISC Small Business Recovery Grant Application Who is eligible? LISC will use the Verizon funding to provide grants of up to $10,000 to businesses facing immediate financial pressure because of COVID-19—especially entrepreneurs of color, women-owned businesses and other enterprises in historically underserved communities who don’t have access to flexible, affordable capital. What it can be used for? Paying rent and utilities Meeting payroll Paying outstanding debt to vendors Other immediate operational costs Your application must be completed by  Saturday, April 4th, 11:59 p.m. ET.   Please email verizongrantsinfo@lisc.org for questions and troubleshooting.​ Apply Now   For additional information visit: www.pcrsbdc.org or contact via info@pcrsbdc.org The Los Angeles Regional Small Business Development Center Network is funded through a cooperative agreement with the U.S. Small Business Administration and through a grant with the Governor's Office of Business and Economic Development. Funding is not an endorsement of any product, opinion, or service. Special arrangements for individuals with disabilities will be made if requested in advance.