Is your school providing online curriculum? *Updated COVID-19 School Closure / Distance Learning Information
I have been trying to monitor COVID-19, the Cares Act, and how it affects our children’s education. I am not providing legal advice; I am not providing specific advocacy advice for your child. I am passing on guidance and information so that parents (and educators) can be informed as to the current status because there seems to be much confusion regarding the current educational guidance. And, while guidance is not to be interpreted as binding law, hopefully this fact sheet will serve as a guideline for Districts to implement best practice distance learning.
Districts are currently facing many educational challenges as a result of this pandemic. Last week, both the US Dept of Education (3/16/20) and MA DESE (3/17/20) released corresponding guidance stating that Districts were not required to provide services to students with disabilities during extended school closures IF the district did not provide ANY educational services to students during this time. Many States, Districts, Educators, Attorneys, Advocates and Parents interpreted this guidance as a justification not to provide any educational services to both regular education students, as well as special education students in their Districts. As a result, many Districts sent corresponding emails to parents with “enrichment, optional assignments.”
On March 21, 2020, “OSERS” (Office for Special Education and Rehabilitative Services) issued a Supplemental Fact Sheet entitled, “Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities.” This fact sheet addresses these concerns (and more) and the “serious misunderstanding” of some Districts that are reluctant to provide any distance instruction. One can deduce that these districts were directed to believe that Federal Disability law created “a barrier" to remote education. As stated boldy in the current guidance, this is SIMPLY not true. While it is noted that various methods of service delivery may need to change, this fact sheet clarifies and reminds schools that they should not opt to decline distance instruction at the expense of students. Rather, the guidance states that students who have an IEP or 504 Plan have a right to continue to receive special education and related services during this crisis, therefore all students have a right to continue to receive an education during this crisis. Many (but not all) modifications and services can be effectively provided online. Modifications, such as extensions of time for assignments, videos with captioning or embedded sign language interpreting, accessible reading materials, and speech, language, and reading services through video conferencing may be provided online.
The guidance also discusses IDEA Timelines and reaffirms that timelines still remain in effect. As an alternative to face-to-face meetings, parents and IEP Teams may agree to conduct IEP meetings through alternate means, including videoconferencing or conference telephone calls. See 34 C.F.R. §300.328. School teams and Parents should work collaboratively and creatively to meet all IEP timeline requirements and are encouraged to reach “mutually agreeable extensions of time, as appropriate.”
If ever, this is a time for TEAM collaboration, and Districts are urged to “consider practices such as distance instruction, teletherapy and tele-intervention, meetings held on digital platforms, online options for data tracking, and documentation.” This is a unique, unprecedented and obviously ever-changing situation, and the DOE, MA DESE, OCR and OSERS all recognize that educational and related services should be provided, but with flexibility and collaboration. Ensuring compliance with the IDEA, Section 504, and Title II of the Americans with Disabilities Act should not prevent any school from offering educational programs through distance instruction.
Parents - you should reach out to your Superintendent with the above information (and provided links) if you are not currently receiving an online curriculum. Likewise, if your child receives Special Education services, you should contact your Special Education Department and inquire about your child’s IEP, IEP services, and the status of a pre-scheduled meeting.
Links for Reference:
March 21, 2020 Fact Sheet: https://www2.ed.gov/about/offices/list/ocr/frontpage/faq/rr/policyguidance/Supple%20Fact%20Sheet%203.21.20%20FINAL.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
March 16, 2020 Fact Sheet: https://www2.ed.gov/about/offices/list/ocr/docs/ocr-coronavirus-fact-sheet.pdf
Questions & Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak, MARCH 2020: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf
MA DESE COVID-19 Information page: http://www.doe.mass.edu/sped/covid19.html?fbclid=IwAR2emIHMOqaS37nUcDD61oeMMlbkb_xc5QUyHQWfD26IjdwPvaUi_RcqDMA
COVID-19 Information and Resources for Schools and School Personnel: https://www.ed.gov/coronavirus
CARES ACT (as currently drafted): https://www.republicanleader.senate.gov/imo/media/doc/CARES%20Act%20Final%20-%20Mar%202020.pdf
FERPA & The Coronavirus: https://studentprivacy.ed.gov/sites/default/files/resource_document/file/FERPA%20and%20Coronavirus%20Frequently%20Asked%20Questions.pdf