A few questions to consider during this pandemic!

These are unprecedented times for school districts, district leaders, teachers, parents, and students.  As we are forced to rethink how we educate students, it is important to remember that Federal Educational law mandates that all students receive a free and appropriate public education.  As written in the March 21, 2020 U.S. Department of Education memorandum, every school district that has shut down due to the Coronavirus is legally obligated to provide a free and appropriate public education.  The memorandum continues to state that school districts can be flexible in how they provide both general education and special education services.  The memorandum explained that educational services could be offered on-line, virtually or telephonically.  The memorandum, however, does not offer sufficient guidance on how to provide educational services, specifically special education services.

Here are a few questions that may be important to consider as parents are dealing with school districts.

1. Who will provide/monitor special education services?  If parent is to monitor, how will they monitor?  Who is responsible for teaching the parent how to monitor goals?
2. How will the parent collate the information and to whom will the information be sent?
3. What is the standard for compensatory education?  Is it only for “regression,” or does it include students for whom there is lack of sufficient progress?
4. What is FAPE during school closure?  Is the Endrew F. standard still in effect?
5. If IEP services are not delivered as in the IEP, does the student automatically become eligible to have those services made up?  E.g., if the district has told parents they are providing 50% of whatever service time is in the IEP while schools are closed.
6. What happens to students who cannot access their education online?
7. What about students who require in-person intervention?  Is it “enough” for the district to offer virtual instruction?  Or should compensatory education be provided once in-person intervention can occur?
8. Will services continue during the summer via extended school year, or will they be picked up in September?
9. If a district offers compensatory education during the summer but the child is not available, would the district be required to provide the compensatory education at a different time?
10. What about students with extended time?  How is that defined with online learning? Or with any other accommodation that is provided on either a 504 or IEP
11. For students who are ESL, how are they being provided bilingual services?  Especially if there is only one language spoken in the home.

The most important thing to remember is to document, document, document.  And, then, call me!!