We applaud the New Jersey Department of Education (NJDOE) for moving swiftly to block this practice. In guidance issued April 30, the NJDOE clarified that requiring parents or guardians to waive their legal rights is a clear violation of the federal Individuals with Disabilities Act (IDEA), as well as New Jersey education laws, and that districts must continue to fulfill their obligations under IDEA during COVID-19.

“We’re grateful that NJDOE moved quickly to resolve this problem,” said Paul O’Neill, Center’s co-founder and senior fellow. “As schools work to provide service remotely, protecting the rights of all students must come first.”  

The Center has created a number of resources highlighting the legal obligations and best practices schools and educators must consider during the COVID-19 crisis.

The post The Center Applauds the New Jersey DOE’s Guidance Banning Waivers appeared first on NCSECS.

The Center applauds Secretary DeVos for recommending a very narrow set of waiver requests that do not infringe upon the key civil rights protections and rights to an education for students with disabilities contained in the IDEA. With so many schools and districts across the country embracing the challenge of educating all students, including those with disabilities, in these turbulent times, we believe her decision is the right one for students, schools, and communities.

The post The Center’s Response to Secretary of Education Betsy DeVos’s Recommendation Against IDEA Waivers During COVID-19 appeared first on NCSECS.

In the letter, the Center argued that while the COVID-19 pandemic is an unprecedented challenge, this is not the time to eliminate or reduce, even temporarily, any statutory requirements of either the IDEA or Section 504 of the Rehab Act. Further, Congress should require the FCC to lift restrictions on the distribution of internet-connected devices to students and provide additional IDEA funding to states.

Read the Full Letter

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Lily*, Maryland

Lily is a young professional who, along with her parents and husband, helps care for a teenage brother, Michael, who is deaf and has autism. She spoke to the Center while several members of her family were fighting respiratory symptoms, sharing their challenges, frustrations, and the ways they’re finding light in a dark time.

What services does your brother receive during the school day under normal circumstances, and how have they been adapted for COVID-19?

Michael attends a high school for students who are deaf and receives services inclusive of 1:1 support during the school day, transition planning focused on functional life skills, and a modified approach to homework. So far, his remote services are just starting to kick into gear. In the meantime, my parents and I have worked with him on functional, practical life skills like food preparation, but in the coming weeks, teachers are planning to pre-record general lessons and we are going to adapt them to be more suitable for Michael.

How are you explaining this situation to your brother, and what are his personal concerns with the disruption in his routine?

We are trying to take practical approaches in explaining the situation to him. For example, my dad is emphasizing the need to stay six feet away from each other and is using the tiles on their kitchen floor to measure the distance when they are in that room together. Michael has been watching the news, specifically The Daily Moth, which is run by a man who is also deaf. This has been an incredible resource, as he gets the news in his first language, American Sign Language (ASL). 

Michael understands that people are getting sick and that we all need to be careful, but the scary reality of it—how many people are dying, the economic impact, etc., is not easy for him to grasp. The biggest concern he’s expressed is the people around him being sick. 

He is very empathetic, and honestly, it’s the trait I love most about him. Empathy is what will get us through this unusual time.  

How are you managing the immediate logistical challenges posed by the lack of a normal school routine for your brother?

Three of the four adults in my family work from home, which is a huge relief and a recognized privilege in a time like this. The fact that my brother has three adults around to help maintain a sense of structure will be a good thing, but like many families, this has been an adjustment for us for a number of reasons. Some of us are sick, and it’s all happening so fast. We’re still processing how to make the best of a hard situation. We are worried about getting and/or carrying COVID-19, so part of taking extra precaution means spending time away from each other. My husband and I live five minutes away from my parents and Michael and we usually see each other all the time, so this has been strange for us. 

What do you wish others understood about the difficulties of navigating this unprecedented time with a family member with a disability?

This is not an “extended spring break” for many families like ours. Sure, at the beginning it’s fun to have a break from school, but many working-class families do not have the time or capacity to provide their children with the same level of 1:1 support they get in school. 

Students with disabilities tend to rely heavily on structure, and many families are not able to provide that structure right now. Kids without disabilities often have more capacity to learn independently, and online distance learning approaches can be easier for them to adjust to. For students with disabilities, the playing field is not level. For many families of students with disabilities, this transition will consist of being in survival mode and simply trying to get through each day and provide their child with the care he or she needs. 

Finding the Light 

We are trying to focus on the kind of interactive activities we’ve always done with him that are part fun, part of everyday life, and partly an attempt to keep his learning going. We’ve been discussing the implications of the coronavirus, such as food running out of stores, and he’s been helping with lots of baking and preserving vegetables before they go bad.  

Our parents are both in their 60s and are taking advantage of early opening hours at our local grocery store. My brother is so that his mom is taking him with her when she goes super early tomorrow morning. I’m proud that he’s finding little joys in the midst of a crazy time. 

Since our interview, Lily’s family members have recovered from their symptoms and continue to work to keep Michael engaged and learning—and to balance keeping him informed with staying positive.

*All names in this series are changed for confidentiality.

The post Educating Students with Disabilities in the Time of COVID–19: Lily and Michael’s Story appeared first on NCSECS.

Educating All Learners Alliance partners include Brooklyn Laboratory Charter Schools, InnovateEDU, Digital Promise, National Center for Learning Disabilities, Understood, National Center for Special Education in Charter Schools, and the International Society for Technology in Education.

April 8, 2020—In response to widespread school closure, a group of special education advocacy and innovation organizations has formed the Educating All Learners Alliance to support the education of students with disabilities during COVID-19.  Today the Alliance launched EducatingAllLearners.org, a resource hub and online community dedicated to meeting the needs of all learners during the COVID-19 pandemic. 

“I believe this uncommon alliance of partners can meet the field as it quickly responds to this disaster,” explains Erin Mote, executive director of founding partner InnovateEDU. “We’re aiming to provide necessary support and expertise for districts and states as they seek to educate all learners and ensure equity for the special education community.”

The site curates existing resources and also features case studies, best practices, and opportunities to connect with peers. A community-based effort, it supports both user submission and discussion. Partner organizations will also hold virtual “office hours” and webinars sharing their specific areas of expertise.

“This rapidly evolving crisis demands a quick response,” says Lauren Morando Rhim, co-founder and executive director of founding partner the National Center for Special Education in Charter Schools. “We’re already seeing schools finding creative and innovative ways to ensure teachers and students with disabilities can engage in teaching and learning remotely—our goal is to help educators share those strategies broadly with their peers.”

“In this unprecedented moment, it’s critical that we sustain teaching and learning.  We are proud to join this effort to promote equity and inclusion for all learners,” said Richard Culatta, CEO of founding partner International Society for Technology in Education (ISTE).

Students with disabilities are particularly vulnerable to adverse effects stemming from school closures and the disruption of services, and it is essential that educators and administrators consider their needs from the start of remote education. “We are all learning how to teach and support students in the post-COVID world on the fly and at a brutal pace,” says Gabrielle Schlichtmann, executive director of EdTogether and a consultant with Brooklyn Lab on this project. “My hope is that through this partnership we will be inspired and better able to learn from and with each other so we can meet the needs of all students.”

While the U.S. Department of Education has affirmed that schools are still required to provide students with disabilities a free, appropriate education during the COVID-19 pandemic, shifting special education and related services online is an unprecedented challenge. “Now more than ever, educators need help to deliver instruction and build strong relationships with their students,” says Lindsay Jones, president, and CEO of the National Center for Learning Disabilities. “We stand ready to provide that help.”

While the website officially launches Wednesday, April 8, additional partnerships are in the works and new resources, case studies, and presentations will be added continuously. Anyone can create a free account on the website to share ideas and contribute to discussions, though all posted resources will be carefully vetted by special education experts. Learn more at EducatingAllLearners.org.

The post Educating All Learners Alliance Launches to Support Education of Students with Disabilities during COVID-19 appeared first on NCSECS.

In the letter, the Center argued that while the COVID-19 pandemic is an unprecedented challenge, this is not the time to eliminate or reduce, even temporarily, any statutory requirements of either the IDEA or Section 504 of the Rehab Act. 

Instead of requesting waiver authority, we believe that the Department of Education can and should continue to help states and local education agencies (LEA) understand that school teams and parents can work together during the crisis to make decisions together about the provision of special education services and supports as allowed within their unique and individual circumstances.

Additionally, the Center recommended that the Department of Education provide enhanced and focused technical assistance through all available avenues, including through the “Expanding Opportunity through Quality Charter Schools” program (ESSA Title IV Part C). The Center is also advocating for Congress to address the obvious need for additional funding to support innovative approaches to educating all students, including students with disabilities.

Read the Full Letter

The post Letter to Secretary of Education DeVos and Acting Assistant Secretary Schultz appeared first on NCSECS.

“The Center is extremely pleased the Department has clarified for states, districts and schools that the federal disability law provides sufficient flexibility to ensure all students, including students with disabilities, can benefit from remote education as communities determine the best approach to instruction during the COVID-19 crisis. In our work with charter schools, we are aware of many, including those who operate as their own local education agencies, who are already working to provide distance instruction in partnership with families while finding creative and innovative ways to ensure students and teachers can engage in teaching and learning. While the Individuals with Disabilities Education Act (IDEA) has specific requirements, including important timelines, the Department has made clear that sufficient flexibility exists for schools to extend those timelines when needed while concurrently working with families to make good decisions that support students. 

 

It takes both good planning and sufficient resources for schools and districts to pivot quickly and provide remote education so students do not experience huge learning lags. With clear guidance now in place for schools to identify paths forward, we hope Congress will step up and focus on providing additional funding to support innovative approaches to educating all students, including students with disabilities.”

The post Statement on New U.S. Department of Education Guidance on COVID-19 and Students with Disabilities appeared first on NCSECS.

Senate Republicans have introduced the Coronavirus Aid, Relief, and Economic Security Act to support states in their efforts to protect their citizens and to infuse cash into the economy. We wholeheartedly support these efforts. Unfortunately, the bill goes too far by empowering the Secretary of Education to suggest to Congress waivers that would eliminate protections under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973 (a.k.a. Section 504). This is both untenable and unnecessary. IDEA and the Rehabilitation Act provide the basis for civil rights protections for students with disabilities, and waivers would upset a delicate balance between equity and access that our most vulnerable students rely upon to receive an education in public schools. It is also alarming that this bill would grant the Secretary unprecedented sweeping authority to waive requirements under the Every Student Succeeds Act, the Higher Education Act, and the Carl D. Perkins Act. The Center is concerned that such broad authority will have a devastating impact on all students, particularly those with disabilities. The legislation could pass as soon as Monday, March 23. 

We recognize that we are living in uncertain times, and it may make sense to waive certain statutory requirements, like those around annual testing. But the civil rights of students with disabilities, who already face disproportionate impacts from the disruptions of COVID-19, cannot be up for debate.

We must act swiftly to prevent this dangerous provision from remaining in the bill. Parents, educators, and advocates should encourage their legislators to instead allocate additional funding to support innovative approaches to educating students with disabilities. This funding could be used to pay for time-sensitive needs like software subscriptions and broadband access, extended school years, and other compensatory services, as well as technical assistance to teachers and district leaders. 

School networks like Democracy Prep Public Schools, which is already providing online instruction, IEP compliance, and tele-therapeutic services, can serve as a model for others. Furthermore, schools and districts across the nation such as District of Columbia International School, Friendship Public Charter School, and Inspired Teaching in Washington, DC are successfully developing and implementing plans to transition students with disabilities to virtual or home settings and continue services in real time. Instead of reacting to COVID-19 with fear, America’s educators, parents, and student advocates must come together to find new and creative ways to serve all students. 

ACT NOW

Due to COVID-19, most Congressional offices are not taking phone calls. We recommend emailing your legislators as soon as possible. 

Contact your Senator 

Contact your Representative

SAMPLE EMAIL TEXT

Dear [Legislator’s Name],

COVID-19 is posing unprecedented challenges to schools and educators. However, we must remain committed to providing equitable educational access to all students, including those with disabilities.

As a constituent of yours and a [parent/educator/advocate—include details about your situation if you’d like] I urge you to reject the Senate Republican provision in the Coronavirus Aid, Relief, and Economic Security Act that would give the Secretary of Education authority to provide a report to Congress within thirty days on requested waivers under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973. Millions of students with disabilities receive needed services and supports under both laws in every state. 

These unprecedented times require creative solutions—so I ask you and your colleagues to instead increase funding to support education for the seven million American students with disabilities who are currently served under IDEA and the nearly one million who receive accommodations and supports under Section 504 of the Rehabilitation Act of 1973. 

Sincerely,

[Your Name]

SAMPLE SOCIAL MEDIA POSTS

The Senate is considering allowing @BetsyDeVosED to request the power to provide waivers under IDEA —the law that ensures  #specialeducation services in America—as part of the #COVID19 stimulus. Contact your legislators today to fight this proposal. https://tinyurl.com/w2rnegc

A current #Senate proposal would allow @BetsyDeVosED to present Congress with recs re: waiving  #specialeducation requirements under both IDEA and Section 504, millions of students with disabilities. Contact Congress to object. https://tinyurl.com/w2rnegc 

The post The Center’s Statement on Proposed IDEA Waiver in the Coronavirus Aid, Relief, and Economic Security Act appeared first on NCSECS.

Telepractice Services and Coronavirus/COVID-19
American Speech-Language-Hearing Association
ASHA offers guidance around telepractice for speech-language and audiology services.

Making Online Learning Accessible for Students With Disabilities
Andrew I. Hashey and Skip Stahl (Published by Council for Exceptional Children)
This academic article explores foundational considerations related to online learning, including advantages of and potential barriers to online learning environments, accessibility and utilization of resources, implementation, and evaluation of accessibility.

G Suite for Diverse Learners
Google
Google for Education offers products with accessibility in mind, to accommodate differing needs and learning styles. This webpage provides an overview of and framework for how their tools are designed to be accessible for all.

Tips for Helping Your Child Learn at Home During the Coronavirus Outbreak
The Inclusive Class
The inclusive Class provides a list of practical ways in which parents can support their child’s digital learning experience.

Accessible Teaching in the Time of COVID-19
Mapping Access Project
The Mapping Access Project offers suggestions for intentionally designing online course materials to be as accessible to all as possible.

What’s in My Therapy Bag?
Miss Jamie, OT
This blog from a school-based OT offers ideas for materials that schools can assemble and send home to students or that parents can gather and use with their child while in-person OT services are unavailable.

Online Educators’ Roles in Supporting Students With Disabilities
Michigan Virtual Learning Research Institute
This webinar highlights recent research concerning the experiences of educators in fully online schools as they work to serve students with disabilities, covering issues like instruction, supervision, relationship building/collaboration, and IEP compliance.

Supporting Students with Disabilities in K-12 Online and Blended Learning
Michigan Virtual Learning Research Institute
The Institute supplies educational teams with content designed to support the planning, implementation, and evaluation of programs and services for students with disabilities enrolled in online and blended learning environments, including disability-specific recommendations.

Virtual Course Design: Accommodating Students with Disabilities
Michigan Virtual Learning Research Institute
This report documents the work of online course designers as they strive to achieve accessibility for all students, particularly those with disabilities.

Joint Webinar on COVID-19 Guidance for Students with Disabilities 
NASDE/CASE/CCSSO
This webinar discusses released guidance documents and how best to ensure students with disabilities are educated during this time of school closures and national crisis.

Executive Functioning in Online Environments
UDL On Campus
This resource provides strategies for supporting executive functioning in online environments, which may be particularly helpful for students with ADD, ADHD, or other health impairments.

Information Overload: Executive Function & Cognitive Load
University of Maine at Augusta
This tutorial on online course design explores further considerations related to executive functioning skills, in order to improve support for students with attention, focus, memory, or organizational skill needs.

OCR Short Webinar on Online Education and Website Accessibility
U.S. Department of Education
The Office for Civil Rights (OCR) presents this short webinar on online education and website accessibility.

Resource Hubs

The following organizations have developed a wide range of tools, resources, frameworks, and guidance documents related to educating students with disabilities. We hope these resource hubs are useful for educators and school practitioners during this national emergency as they plan and prepare to meet the needs of their individual students.

Free Learning Tools
CAST
CAST offers a number of robust, free, research-based learning tools to help educators develop flexible learning environments for all students, including those with disabilities.

Resources
Center on Online Learning and Students with Disabilities
COLSD provides guidance on important topics for improving the outcomes of students with disabilities as they participate in online learning (e.g., blended, supplemental, and full-time virtual settings.)

Online/Blended Learning
Center on Technology and Disability
CTD highlights free, high-quality resources and events on all aspects of assistive technology, including online learning.

All-Member Forum
Council for Exceptional Children
CEC’s member forum* message board includes a wide range of educator-led conversation topics such as preschool considerations, holding IEP meetings, and instructional strategies.
*While we tried to focus our effort on curating a list of accessible, free resources, we did want to highlight CEC’s message board given its focus on educator-led connections, although access to the member forum is contingent on CEC membership. 

National Center on Accessible Educational Materials
National Center on Accessible Educational Materials
NCAEM offers resources and technical assistance for educators interested in learning more about and implementing materials and technologies usable for learning across the widest range of individual variability, regardless of format or features.

Coronavirus: Latest Updates and Tips
Understood
Understood provides tools and information to help at home, at school, and at work on issues that impact learning, special education, talking with kids, and the workplace.

The post Resources for Educating Students with Disabilities During the Coronavirus Crisis appeared first on NCSECS.

As the United States grapples with the escalating outbreak of COVID-19, the highly contagious and devastating coronavirus, education leaders across the country are facing difficult, enormously impactful choices.

Should they close schools?

For how long?

How can instruction continue outside the school environment?

Another important question that needs to be asked is:

How will school closures impact students with disabilities?

Key Takeaways for District and School Leaders

With the World Health Organization officially declaring that COVID-19 is a pandemic, a new sense of urgency has been introduced and we anticipate more schools will be closed. With this in mind, schools must think through the following critical considerations as they develop plans to educate students with disabilities.

1. IDEA mandates that all eligible students have a right to a free and appropriate public education (i.e., FAPE as articulated in an IEP) even in times of crisis
2. Schools/districts should convene IEP teams before changing student’s placements (i.e., shift to an independent-study, virtual, or online setting).
3. Schools/districts that close and/or move to remote instruction may need to: a) provide appropriate technology and access to all students, keeping the principles of Universal Design for Learning in mind; b) provide wifi access/pay for it for Title I eligible families; c) ensure students have required assistive technology needs met/provided by the school; and d) provide [certain] services at home where appropriate.
4. Accommodations, modifications, or other supports guaranteed under Section 504 must also be provided.
5. Through this entire process, it is crucial that schools work closely with families to think and plan about how best to meet the needs of their children in what may be a chaotic and constantly-changing environment. These challenges can best be met together.

The Evolving Crisis

Education Week is tracking school closures related to the virus.^[1] They report that, as of March 12, 2020, 2097 schools have been closed or are scheduled to close, affecting 1,305,611 students. There are 132,853 public and private schools in the U.S. and almost 50.8 million students, according to the National Center for Education Statistics. If the virus continues to spread, more and more district and charter schools are likely to close, creating educational challenges that may be unprecedented in scale and severity.

Although COVID-19 generally does not appear to be as dangerous to children as it is to older adults or individuals with higher risk factors, some may contract the virus and there is a risk that some could carry the disease back home with them. Adults in the school building may put themselves at risk of contracting or transmitting the disease by interacting with each other and with students. Closing schools may be viewed as a necessary step in slowing the spread of the virus.

But a decision to close schools comes with its own set of risks. Students suffer from the interruption of instruction, lost access to peers and trusted adults, and even food insecurity with the loss of school meals. Many working parents/guardians are unable to stay home with their children without risking the loss of employment, putting them in an impossible position. And teachers and administrators face the uncertainties of work instability, student learning gaps, and missed state test administration.

Districts and charter schools are exploring various approaches to closing or taking their instructional programs online. One common denominator is a lack of preparation—very few districts or schools appear to have a plan or resources in place to allow for a smooth transition to remote education. They are scrambling and doing their best to quickly pull together something that works. Such solutions have to address the needs of all students, including those with disabilities, because civil rights such as those guaranteed under IDEA exist even in a crisis.

Requirements for Serving Students with Disabilities

Students with disabilities have rights under various federal and state laws, most notably the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (the ADA). These laws collectively provide such students with the right to special education and related services that are appropriate for their needs as well as the reasonable accommodations and modifications they need to access those offerings. Individualized Education Programs (IEPs) and student plans under Section 504 (504 Plans) identify each student’s needs and serve as a set of requirements, obligating state and local education entities to implement those programs, services, and supports. These are essential civil rights protections for vulnerable children. Federal and state legislatures and courts have uniformly found such rights under IDEA to be mandatory and non-negotiable, even when difficult or expensive to provide. Section 504 and the ADA are considered to have very high thresholds for any exceptions.

But what happens when a crisis occurs and schools cannot open or operate in any normal way? Natural disasters, localized health emergencies, and violent incidents periodically cause schools or even districts to close, and this can disrupt education for many students for a limited period of time. There are precedents and best practices for dealing with such partial disruptions.

COVID-19 may be unique in presenting a situation in which students learning together in any school building anywhere in the country could be considered a serious health hazard, with the hazard potentially lasting for weeks, months, or even longer. There have been other relatively recent outbreaks of infectious diseases, such as the H1N1 influenza outbreak in 2009, but this was much more limited in scope and geography. With the exception of Hurricane Katrina in New Orleans, no emergency for generations has had the capacity to simply shutter all of the schools in a particular city or region. COVID-19 has the potential to do just that.  As educators scramble to find ways to deal with this sudden crisis and to serve families and students as best they can despite the turmoil, the education of students with disabilities must not be forgotten.

Again, such services under IDEA are not optional – there is no hardship exemption that state or local education agencies can fall back on.^[1] Having said that, schools and districts will need to be intentional in their planning to fulfill obligations under IDEA.

The U.S. Department of Education released new guidance on March 12, 2020 (the March 12 guidance) specifically tailored to the current health crisis. The new guidance specifically addresses school closures and moving to other modes of education for students with disabilities:

Question A-1: Is an LEA required to continue to provide a free appropriate public education (FAPE) to students with disabilities during a school closure caused by a COVID-19 outbreak?

 Answer:  The IDEA, Section 504, and Title II of the ADA do not specifically address a situation in which elementary and secondary schools are closed for an extended period of time (generally more than 10 consecutive days) because of exceptional circumstances, such as an outbreak of a particular disease.

If an LEA closes its schools to slow or stop the spread of COVID-19, and does not provide any educational services to the general student population, then an LEA would not be required to provide services to students with disabilities during that same period of time. Once school resumes, the LEA must make every effort to provide special education and related services to the child in accordance with the child’s individualized education program (IEP) or, for students entitled to FAPE under Section 504, consistent with a plan developed to meet the requirements of Section 504. The Department understands there may be exceptional circumstances that could affect how a particular service is provided. In addition, an IEP Team and, as appropriate to an individual student with a disability, the personnel responsible for ensuring FAPE to a student for the purposes of Section 504, would be required to make an individualized determination as to whether compensatory services are needed under applicable standards and requirements.

If an LEA continues to provide educational opportunities to the general student population during a school closure, the school must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE. (34 CFR §§ 104.4, 104.33 (Section 504) and 28 CFR § 35.130 (Title II of the ADA)). SEAs, LEAs, and schools must ensure that, to the greatest extent possible, each student with a disability can be provided the special education and related services identified in the student’s IEP developed under IDEA, or a plan developed under Section 504. (34mCFR §§ 300.101 and 300.201 (IDEA), and 34 CFR § 104.33 (Section 504)). 

This portion of the March 12 guidance essentially says that:

1) The relevant laws do not directly address how special education must be handled in a situation where schools are closed for an extended period of time, such as for a virus like COVID-19;

2) If an LEA is not able to provide any educational services to students, then it is not required to provide special education services but may be required to retroactively offer compensatory services once school resumes; and

3) If an LEA does continue to provide educational opportunities to the general student population during a crisis, it “must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE.”

The guidance also addresses circumstances where special education schools close, where students who become infected are out of school for extended periods of time and where schools consider including contingency plans in their IEPs.   If you have questions about those issues, the complete guidance document is here. 

On March 16, the Office for Civil Rights of the U.S. Department of Education issued its own new guidance (the OCR Guidance): Fact Sheet: Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students. The OCR Guidance covers some of the same ground as the Department’s March 12 guidance, but also more directly addresses the question of how IEP team meetings should be conducted during periods where school buildings are closed and communities are exercising social distancing. It states:

 IEP Teams are not required to meet in person while schools are closed. If an evaluation of a student with a disability requires a face-to-face assessment or observation, the evaluation would need to be delayed until school reopens. Evaluations and re-evaluations that do not require face-to-face assessments or observations may take place while schools are closed, so long as a student’s parent or legal guardian consents. These same principles apply to similar activities conducted by appropriate personnel for a student with a disability who has a plan developed under Section 504, or who is being evaluated under Section 504. 

Applying the OCR’s guidance, if the IEP team is unable to meet in person, they should meet by teleconference or other remote methods to make determinations about how a student’s needs can be met under whatever conditions now exist due to school closure and any quarantine that might be imposed on the student due to localized health considerations. The same is true for personnel implementing Section 504 Plans. If an evaluation requires a face-to-face assessment or observation, it should be delayed until the school reopens.

Strategies to Educate Students with Disabilities in the Event of School Closures

In the absence of a clear path for serving students in this crisis, the best approach may be to consider every available option. Consider the following to be the beginning of an exercise in brainstorming, to be enhanced and broadened through collaboration. Through this process, we encourage schools to communicate closely with families of students with disabilities to plan how they can best meet the needs of their children.

• Virtual/Online Education: Many states offer district and/or charter schools that provide instruction via the internet.  Models can include fully virtual instruction or blended learning, which incorporates elements of traditional classroom and online learning. In the face of a shut down due to COVID-19, a switch to online education may be an attractive option. Making such a transition on short notice may be quite difficult— instructional practice, hardware, software, staff capacity, and the time (and possibly money) to develop them may be in short supply. Schools may have to provide computers, internet access, and other technological elements at no cost to students who lack such resources. Students with IEPs are also entitled to be educated together with their non-disabled peers in the least restrictive environment appropriate for their needs. Online options may be difficult for some students with disabilities to access. This can be particularly true for services such as physical and occupational therapy and social/emotional support, which may require in-person support. Fully online learning models usually require the participation of an adult on-site that can serve as a facilitator.  For students with disabilities, it may be that the parent or other family member who may serve in that role lacks the specialized training needed to provide certain supports. Such challenges are not new—the virtual schooling environment has struggled from its inception to meet the full range of specialized student needs. There are a number of resources that address such challenges (although none that specifically speak to an outbreak like COVID-19). Most helpful is the website for the Center On Online Learning and Students with Disabilities (COLSD). COLSD was a cooperative effort of the University of Kansas, the Center for Applied Special Technologies, and the National Association of State Directors of Special Education. It collects and makes available numerous reports that address such relevant areas as promising approaches for increasing accessibility to online programs and supporting families in their role.
• Independent Study: Another approach to remote learning that some districts and schools may take is to utilize a program of independent study that does not rely on online offerings. Instead, students could work from packets of hard copy resources and related materials. Whatever the format of instruction, students with disabilities must be provided with the supports and accommodations called for in their IEPs and 504 Plans.
• Blended Learning: As noted above, “blended learning” is a term commonly used to refer to programs that have both a virtual element and an element based in a “brick and mortar” school building. Given the baseline challenges that COVID-19 presents to students being educated at the same location, conventional models for blended learning may not be viable. But it is also possible that a school’s program could draw on written materials and workbooks that are sent to students to complete at home. Such materials could also be paired with online elements. Students with disabilities would need to have access to whatever supports they need in order to make use of such materials.  That may present similar challenges to those presented by online learning.
• IEP and Section 504 Teams: As districts and schools prepare for possible closure, it would be prudent for IEP and Section 504 teams to proactively meet to determine student needs and develop plans for providing services during any interruption. This could include a designation that the home is the appropriate placement for the duration of the crisis and a clear plan for what services can be provided online during the closure and which ones may need to be addressed through compensatory services once school is resumed. The critical piece of this is putting together a needs assessment that addresses the educational needs of the students with disabilities who are students at the school.
• Compensatory Education: The IDEA allows, in certain instances, for students with IEPs to receive services retroactively. This can happen when circumstances will not allow for service provision in the ordinary course of instruction—perhaps because of a student’s illness or his or her unavailability to receive services, or because a school failed to provide appropriate services in a timely way. Special education authorities may determine that a certain number of hours of particular services must be provided to the student at a later date to make up for those that were called for previously. As noted in the federal guidance, it may be that in some circumstances this approach could be used in connection with COVID-19 school closures. For example, a student who requires in-person physical therapy as a related service several times per week might be awarded a fixed number of hours of such therapy that would commence once a closure or quarantine related to the virus was lifted. Determining where to draw the line between services that a district or charter school must find a way to provide and those that could be deferred until later may be quite challenging and should be decided in the context of an IEP team meeting.

If the COVID-19 virus continues to spread, more schools will likely close and the need for creative approaches to meeting the needs of students in those locations will grow. Ideally, schools, networks, and districts will share their ideas and experiences with each other and leverage the opportunity for innovation to provide a collective set of options that can be used by all. It is essential that a school or district’s overall plan for how to respond to the health emergency includes a proactive, thoughtful approach to serving students with disabilities that is woven into the plan from the outset and does not treat the most vulnerable students as an afterthought.

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^[1] Education Week provides a helpful interactive map depicting closures and reopenings by location.

^[2] Primary responsibility for complying with the IDEA falls on Local Education Agencies (LEAs). Under the law, these are school districts, independent charter schools or other entities that function like districts for purposes of federal law. Depending on state law, a charter school could be designated as an independent LEA charter school or as a school within a district LEA.

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