COVID-19 and the IDEA

Published by TMCbkg at March 24, 2020

Schools in Maryland are closed through March 27, 2020, with further closures and remote learning being anticipated. Information about local Maryland schools can be found on each county website (click these links for our local schools – MCPS and PGCPS). The District of Columbia Public Schools are closed through March 23, 2020, which will be followed by distance learning. District of Columbia Public Charter Schools are either following DCPS or setting their own schedules for closures and distance learning. What does this mean for students with disabilities?

The United States Department of Education issued guidance regarding providing services to children with disabilities during the Coronavirus Outbreak. The guidance can be found here. But what does this guidance really mean? My children each brought home packets of school work or information to access work online. Is that work differentiated? What information do we have as parents to support our children with special education needs?

Here is what we know from the Department of Education so far:

If a Local Education Agency closes and does not provide educational services to the general student population, then the LEA does not have to provide services to students with disabilities during that time.
Once school resumes, the LEA must provide services in accordance with the child’s IEP or 504 plan. The IEP team and 504 team are charged with determining on an individual basis to whether compensatory services are needed.
If an LEA continues to provide educational opportunities to general education students, the school system must also ensure that students with disabilities have equal access to the same opportunities and to the provision of FAPE.
IEP teams may consider distance learning plans to be implemented during a closure caused by COVID-19. This may include online or virtual instruction, phone calls and other curriculum-based instructional activities.

The Department of Education, Office for Civil Rights has also released a video on ensuring web accessibility for students with disabilities. “Services, programs, and activities online must be accessible to persons, including individuals with disabilities.”

I am the parent of three MCPS students. My children are in 3^rd, 6^th and 8^th grades. My children have various learning needs, including ADHD, dyslexia and dysgraphia. Right now, the work they have access to is grade level content area work and the person differentiating it is me. As is the case for most parents, I am not a qualified special educator or a reading specialist. I am trying to keep them off screens and participating in learning while also working remotely and engaging in social distancing. These are unprecedented times. Should the school closure be extended or convert to true distance learning, what will schools do to ensure that students with disabilities have access to a Free Appropriate Public Education? How will student regression be addressed through IEP services and placement changes when school resumes? What about students awaiting placement because their IEP teams have already determined they need more services? This will require a collaborative effort between schools and parents and will be something we need to navigate together.

The attorneys at the Law Office of Brian K. Gruber are here to help you navigate these challenging times. We are following the recommendations from public health officials and offering video and telephone consultations to new and existing clients. Please contact us to schedule a consultation.