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.

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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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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

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“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.

In response to the release of the Fiscal Year 2021 budget by the White House, Lauren Morando Rhim, Executive Director and Co-Founder of the National Center for Special Education in Charter Schools released the following statement:

The White House Fiscal Year 2021 budget proposes to completely decimate federal support for public schools. While the proposed budget does maintain funding for special education under the Individuals with Disabilities Education Act (IDEA), schools and districts rely upon the full spectrum of federal funds to infuse budgets in support of high-quality education. This proposal would cut overall federal spending on K-12 education and halt access to public school choice, including for families whose children have disabilities. The proposed cuts threaten access for students in every state. Therefore, we call upon Congress to reject the President’s proposed budget and urge appropriators to use their authority to support of all public education, including the 7,000 charter schools that educate over 300,000 students with disabilities across 43 states and the District of Columbia. This choice is easy.

The post Statement on the Trump Administration’s Proposed FY21 Education Budget appeared first on NCSECS.

WASHINGTON, DC – In response to the Trump Administration’s promotion of the Education Freedom Scholarships program, the National Center for Special Education in Charter Schools (the Center) made the following statement:   

“The academic success of all children should absolutely be our collective priority; however, we know that students with disabilities consistently experience significant outcome gaps that keep them from achieving on par with their peers. As advocates for high-quality public charter schools, we urge the Administration to leverage its authority to ensure that students’ civil rights are protected in every education setting so that all schools, including charter schools, create and sustain inclusive, positive environments in order to provide every student with a quality education. Effective charter schools can provide important and equitable opportunities to parents of students with disabilities seeking educational options and, in particular, mission-driven schools that align with their students’ interests. However, unregulated choice runs the significant risk of actually limiting parents’ choices and segregating students with disabilities, thereby undermining their right to a free appropriate public education in the least restrictive environment. The Administration and Congress must only support regulated school choice so that parents can make decisions that will not limit or eliminate their child’s civil rights.”

The Center and the Equity Coalition, a group comprised of experts from the charter and special education advocacy sectors, have developed the “Principles of Equitable Schools” to establish a standard of equity intended to help parents, policymakers, and other stakeholders weigh their options when choosing a school. Through these essential principles, the Center and the Equity Coalition aim to establish core principles that should be upheld by any school enrolling students using public dollars. 

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Download the Statement

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